What is Vijaya Bank v. CIT authority for?

A provision for bad and doubtful debts debited to the profit and loss account and reduced from advances on the balance sheet constitutes a write-off for deduction purposes. This is true even if individual debtor accounts are not closed.

How many judgments cite Vijaya Bank v. CIT?

392 judgments on BharatTax cite Vijaya Bank v. CIT (323 ITR 166), spanning 2011 to 2026.

Which sections of the Income Tax Act does Vijaya Bank v. CIT come up under?

It is most often cited in judgments turning on Section 36(1)(vii), Section 143(3), Section 14A, Section 115JB, Section 37(1), Section 36(1)(viia).

Vijaya Bank v. CIT (323 ITR 166)

Blb Mall Management Co. P.Ltd, Mumbai vs. ITO 9(2)(1), Mumbai

Appeal is partly allowed for statistical purposes

ITA 6847/MUM/2016[2012-13]Status: DisposedITAT Mumbai09 Aug 2019AY 2012-13

Bench: Shri Mahavir Singh & Shri Rajesh Kumarassessment Year: 2012-13

For Appellant: Shri Sanjay Parikh, A.RFor Respondent: Shri Suman Kumar, D.R

…fforts made for recovery. It is also proved that the said items of claim have already been routed through P&L account in the earlier years. The case of the assessee also finds favour from the decision of the Apex Court in the case of Vijay Bank vs. CIT (2010) 323 ITR 166 and accordingly under these circumstances, we are not in agreement with the conclusion drawn by the Ld. CIT(A) that these can not be allowed when the assessee has claimed these as provision for debts. In our opinion these are the actual debts written off by the assessee during the year as is apparent from the audited financial statements of the a…

DCIT Ltu-2, Chennai vs. Indian Overseas Bank, Chennai

In the result the appeal of the Revenue for the assessment year

ITA 1895/CHNY/2017[2012-13]Status: DisposedITAT Chennai26 Jul 2019AY 2012-13

Bench: Shri N.R.S. Ganesan & Shri M. Balaganeshआयकर अपील सं./I.T.A.Nos.1879, 1880 & 1881/Chny/2017 ("नधा"रण वष" / Assessments Year: 2008-09, 2009-10 & 2012-13) Indian Overseas Bank, Vs The Acit Tax Compliance & Payment Cell, Ltu – 1, Balance Sheet Management Department, Chennai 763, Anna Salai, Chennai – 600 002. Pan: Aaaci1223J (अपीलाथ"/Appellant) (""यथ"/Respondent) & आयकर अपील सं./I.T.A.Nos.1894 & 1895/Chny/2017 ("नधा"रण वष" / Assessments Year: 2008-09 & 2012-13) The Deputy Commissioner Of Vs Indian Overseas Bank, Income Tax, Tax Compliance & Payment Cell, Large Taxpayer Unit – 2, Balance Sheet Management Department, Chennai – 34. 763, Anna Salai, Chennai – 600 002. Pan: Aaaci1223J (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri C. Naresh, CA

Section 143(3)Section 36(1)(vii)Section 36(1)(viia)

…bad debts in respect of non-rural branches should be allowed as 5 I .T.A. Nos. 1879 to 1881, 1894 & 1895/Chny/2017 bad debts written off U/s.36(1)(vii) of the Act. This issue was decided in favour of the assessee by the Apex Court in the case of Vijaya Bank 323 ITR 166. The Apex Court in the case of Catholic Syrian Bank Ltd 343 ITR 270 also decided in favour of the assessee. We heard Shri Clement Ramesh Kumar, Ld. Departmental Representative also. We find merit in the alternate claim of the assessee. In view of the Judgments of the Apex Court in Vijaya Bank and Catholic Syrian Bank Ltd supra, this Tribunal is o…

DCIT Ltu-2, Chennai vs. Indian Overseas Bank, Chennai

In the result the appeal of the Revenue for the assessment year

ITA 1894/CHNY/2017[2008-09]Status: DisposedITAT Chennai26 Jul 2019AY 2008-09

Bench: Shri N.R.S. Ganesan & Shri M. Balaganeshआयकर अपील सं./I.T.A.Nos.1879, 1880 & 1881/Chny/2017 ("नधा"रण वष" / Assessments Year: 2008-09, 2009-10 & 2012-13) Indian Overseas Bank, Vs The Acit Tax Compliance & Payment Cell, Ltu – 1, Balance Sheet Management Department, Chennai 763, Anna Salai, Chennai – 600 002. Pan: Aaaci1223J (अपीलाथ"/Appellant) (""यथ"/Respondent) & आयकर अपील सं./I.T.A.Nos.1894 & 1895/Chny/2017 ("नधा"रण वष" / Assessments Year: 2008-09 & 2012-13) The Deputy Commissioner Of Vs Indian Overseas Bank, Income Tax, Tax Compliance & Payment Cell, Large Taxpayer Unit – 2, Balance Sheet Management Department, Chennai – 34. 763, Anna Salai, Chennai – 600 002. Pan: Aaaci1223J (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri C. Naresh, CA

Section 143(3)Section 36(1)(vii)Section 36(1)(viia)

…bad debts in respect of non-rural branches should be allowed as 5 I .T.A. Nos. 1879 to 1881, 1894 & 1895/Chny/2017 bad debts written off U/s.36(1)(vii) of the Act. This issue was decided in favour of the assessee by the Apex Court in the case of Vijaya Bank 323 ITR 166. The Apex Court in the case of Catholic Syrian Bank Ltd 343 ITR 270 also decided in favour of the assessee. We heard Shri Clement Ramesh Kumar, Ld. Departmental Representative also. We find merit in the alternate claim of the assessee. In view of the Judgments of the Apex Court in Vijaya Bank and Catholic Syrian Bank Ltd supra, this Tribunal is o…

Indian Overseas Bank, Chennai vs. ACIT Ltu 1, Chennai

In the result the appeal of the Revenue for the assessment year

ITA 1881/CHNY/2017[2012-13]Status: DisposedITAT Chennai26 Jul 2019AY 2012-13

Bench: Shri N.R.S. Ganesan & Shri M. Balaganeshआयकर अपील सं./I.T.A.Nos.1879, 1880 & 1881/Chny/2017 ("नधा"रण वष" / Assessments Year: 2008-09, 2009-10 & 2012-13) Indian Overseas Bank, Vs The Acit Tax Compliance & Payment Cell, Ltu – 1, Balance Sheet Management Department, Chennai 763, Anna Salai, Chennai – 600 002. Pan: Aaaci1223J (अपीलाथ"/Appellant) (""यथ"/Respondent) & आयकर अपील सं./I.T.A.Nos.1894 & 1895/Chny/2017 ("नधा"रण वष" / Assessments Year: 2008-09 & 2012-13) The Deputy Commissioner Of Vs Indian Overseas Bank, Income Tax, Tax Compliance & Payment Cell, Large Taxpayer Unit – 2, Balance Sheet Management Department, Chennai – 34. 763, Anna Salai, Chennai – 600 002. Pan: Aaaci1223J (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri C. Naresh, CA

Section 143(3)Section 36(1)(vii)Section 36(1)(viia)

…bad debts in respect of non-rural branches should be allowed as 5 I .T.A. Nos. 1879 to 1881, 1894 & 1895/Chny/2017 bad debts written off U/s.36(1)(vii) of the Act. This issue was decided in favour of the assessee by the Apex Court in the case of Vijaya Bank 323 ITR 166. The Apex Court in the case of Catholic Syrian Bank Ltd 343 ITR 270 also decided in favour of the assessee. We heard Shri Clement Ramesh Kumar, Ld. Departmental Representative also. We find merit in the alternate claim of the assessee. In view of the Judgments of the Apex Court in Vijaya Bank and Catholic Syrian Bank Ltd supra, this Tribunal is o…

Indian Overseas Bank, Chennai vs. ACIT Ltu 1, Chennai

In the result the appeal of the Revenue for the assessment year

ITA 1880/CHNY/2017[2009-10]Status: DisposedITAT Chennai26 Jul 2019AY 2009-10

Bench: Shri N.R.S. Ganesan & Shri M. Balaganeshआयकर अपील सं./I.T.A.Nos.1879, 1880 & 1881/Chny/2017 ("नधा"रण वष" / Assessments Year: 2008-09, 2009-10 & 2012-13) Indian Overseas Bank, Vs The Acit Tax Compliance & Payment Cell, Ltu – 1, Balance Sheet Management Department, Chennai 763, Anna Salai, Chennai – 600 002. Pan: Aaaci1223J (अपीलाथ"/Appellant) (""यथ"/Respondent) & आयकर अपील सं./I.T.A.Nos.1894 & 1895/Chny/2017 ("नधा"रण वष" / Assessments Year: 2008-09 & 2012-13) The Deputy Commissioner Of Vs Indian Overseas Bank, Income Tax, Tax Compliance & Payment Cell, Large Taxpayer Unit – 2, Balance Sheet Management Department, Chennai – 34. 763, Anna Salai, Chennai – 600 002. Pan: Aaaci1223J (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri C. Naresh, CA

Section 143(3)Section 36(1)(vii)Section 36(1)(viia)

…bad debts in respect of non-rural branches should be allowed as 5 I .T.A. Nos. 1879 to 1881, 1894 & 1895/Chny/2017 bad debts written off U/s.36(1)(vii) of the Act. This issue was decided in favour of the assessee by the Apex Court in the case of Vijaya Bank 323 ITR 166. The Apex Court in the case of Catholic Syrian Bank Ltd 343 ITR 270 also decided in favour of the assessee. We heard Shri Clement Ramesh Kumar, Ld. Departmental Representative also. We find merit in the alternate claim of the assessee. In view of the Judgments of the Apex Court in Vijaya Bank and Catholic Syrian Bank Ltd supra, this Tribunal is o…

Indian Overseas Bank, Chennai vs. ACIT Ltu 1, Chennai

In the result the appeal of the Revenue for the assessment year

ITA 1879/CHNY/2017[2008-09]Status: DisposedITAT Chennai26 Jul 2019AY 2008-09

Bench: Shri N.R.S. Ganesan & Shri M. Balaganeshआयकर अपील सं./I.T.A.Nos.1879, 1880 & 1881/Chny/2017 ("नधा"रण वष" / Assessments Year: 2008-09, 2009-10 & 2012-13) Indian Overseas Bank, Vs The Acit Tax Compliance & Payment Cell, Ltu – 1, Balance Sheet Management Department, Chennai 763, Anna Salai, Chennai – 600 002. Pan: Aaaci1223J (अपीलाथ"/Appellant) (""यथ"/Respondent) & आयकर अपील सं./I.T.A.Nos.1894 & 1895/Chny/2017 ("नधा"रण वष" / Assessments Year: 2008-09 & 2012-13) The Deputy Commissioner Of Vs Indian Overseas Bank, Income Tax, Tax Compliance & Payment Cell, Large Taxpayer Unit – 2, Balance Sheet Management Department, Chennai – 34. 763, Anna Salai, Chennai – 600 002. Pan: Aaaci1223J (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri C. Naresh, CA

Section 143(3)Section 36(1)(vii)Section 36(1)(viia)

…bad debts in respect of non-rural branches should be allowed as 5 I .T.A. Nos. 1879 to 1881, 1894 & 1895/Chny/2017 bad debts written off U/s.36(1)(vii) of the Act. This issue was decided in favour of the assessee by the Apex Court in the case of Vijaya Bank 323 ITR 166. The Apex Court in the case of Catholic Syrian Bank Ltd 343 ITR 270 also decided in favour of the assessee. We heard Shri Clement Ramesh Kumar, Ld. Departmental Representative also. We find merit in the alternate claim of the assessee. In view of the Judgments of the Apex Court in Vijaya Bank and Catholic Syrian Bank Ltd supra, this Tribunal is o…

DCIT 1(3)(2), Mumbai vs. The Kapol Coop Bank Ltd, Mumbai

In the result, appeal of the revenue is dismissed

ITA 487/MUM/2015[2011-12]Status: DisposedITAT Mumbai10 Jul 2019AY 2011-12

Bench: Shri G. S. Pannu, Vice- & Shri Pawan Singhdcit-1(3)(2) M/S The Kapol Co-Op. Bank Ltd. Room No. 564, 19/21 Kapol Bank Building, First Vs. Aayakar Bhavan, Floor, Picket Cross Road, M.K. Road, Kalbadevi, Mumbai-400002. Mumbai-400020 Pan: Aaaat0142M Appellant Respondent Appellant By : Shri Manish Singh (Dr) Respondent By : Shri Mandar Vaidya (Ar) Date Of Hearing : 21.06.2019 Date Of Pronouncement : 10.07.2019 Order Under Section 254(1)Of Income Tax Act

For Appellant: Shri Manish Singh (DR)For Respondent: Shri Mandar Vaidya (AR)

Section 254(1)Section 36(1)(vii)Section 36(1)(viia)

…ollowed by the appellant is in conformity with the provisions of the Act. In this context, the appellant has relied ITA No. 487 Mum 2015-M/s The Kapol Co-op. Bank Ltd. upon the decision of the Hon'ble Supreme Court in the case of Vijaya Bank v/s CIT (2010) 323 ITR 166 SC. I find that the" methodology followed by the appellant is one of the acceptable methods of write off, seen in the context of actual write off of the 47 debtors accounts. It is seen from the Item no. 5 of the Notes on Accounts that the appellant had explained the methodology of write off. On the facts and in the circumstances of the case, I he…

ACIT Circle 1, Kumbakonam vs. City Union Bank Limited, Kumbakonam

In the result, appeal of the Revenue in ITA 1316/CHNY/2018

ITA 1316/CHNY/2018[2014-15]Status: DisposedITAT Chennai09 Jul 2019AY 2014-15

Bench: Shri George Mathan & Shri Inturi Rama Rao

For Appellant: Shri. S. Ananthan,C.AFor Respondent: Shri. Sailendra Mamidi, IRS

Section 143(3)Section 14ASection 36(1)Section 36(1)(vii)Section 40Section 41(1)

…hat provisions for bad and doubtful debts debited to the profit and loss account and reducing the same from the debtors accounts constitutes write off in the light of the judgment of Hon’ble Supreme Court in the case of M/s. Vijaya Bank and others vs. CIT, 323 ITR 166. But he had considered the provision of bad debts in respect of rural branches u/s.36(1) (viia) of the Act together with amount claimed u/s.36(1) (vii) of the Act and restricted allowance to the actual amount provision created of "66,00,00,000/-, debited to profit and loss account. While doing so, the ld. CIT(A) had ignored the actual write…

ACIT Circle 1, Kumbakonam vs. City Union Bank Limited, Kumbakonam

In the result, appeal of the Revenue in ITA 1316/CHNY/2018

ITA 1315/CHNY/2018[2012-13]Status: DisposedITAT Chennai09 Jul 2019AY 2012-13

Bench: Shri George Mathan & Shri Inturi Rama Rao

For Appellant: Shri. S. Ananthan,C.AFor Respondent: Shri. Sailendra Mamidi, IRS

Section 143(3)Section 14ASection 36(1)Section 36(1)(vii)Section 40Section 41(1)

…hat provisions for bad and doubtful debts debited to the profit and loss account and reducing the same from the debtors accounts constitutes write off in the light of the judgment of Hon’ble Supreme Court in the case of M/s. Vijaya Bank and others vs. CIT, 323 ITR 166. But he had considered the provision of bad debts in respect of rural branches u/s.36(1) (viia) of the Act together with amount claimed u/s.36(1) (vii) of the Act and restricted allowance to the actual amount provision created of "66,00,00,000/-, debited to profit and loss account. While doing so, the ld. CIT(A) had ignored the actual write…

City Union Bank Limited, Kumbakonam vs. ACIT Circle 1, Kumbakonam

In the result, appeal of the Revenue in ITA 1316/CHNY/2018

ITA 1130/CHNY/2018[2014-15]Status: DisposedITAT Chennai09 Jul 2019AY 2014-15

Bench: Shri George Mathan & Shri Inturi Rama Rao

For Appellant: Shri. S. Ananthan,C.AFor Respondent: Shri. Sailendra Mamidi, IRS

Section 143(3)Section 14ASection 36(1)Section 36(1)(vii)Section 40Section 41(1)

…hat provisions for bad and doubtful debts debited to the profit and loss account and reducing the same from the debtors accounts constitutes write off in the light of the judgment of Hon’ble Supreme Court in the case of M/s. Vijaya Bank and others vs. CIT, 323 ITR 166. But he had considered the provision of bad debts in respect of rural branches u/s.36(1) (viia) of the Act together with amount claimed u/s.36(1) (vii) of the Act and restricted allowance to the actual amount provision created of "66,00,00,000/-, debited to profit and loss account. While doing so, the ld. CIT(A) had ignored the actual write…

City Union Bank Limited, Kumbakonam vs. ACIT Circle 1, Kumbakonam

In the result, appeal of the Revenue in ITA 1316/CHNY/2018

ITA 1129/CHNY/2018[2012-13]Status: DisposedITAT Chennai09 Jul 2019AY 2012-13

Bench: Shri George Mathan & Shri Inturi Rama Rao

For Appellant: Shri. S. Ananthan,C.AFor Respondent: Shri. Sailendra Mamidi, IRS

Section 143(3)Section 14ASection 36(1)Section 36(1)(vii)Section 40Section 41(1)

…hat provisions for bad and doubtful debts debited to the profit and loss account and reducing the same from the debtors accounts constitutes write off in the light of the judgment of Hon’ble Supreme Court in the case of M/s. Vijaya Bank and others vs. CIT, 323 ITR 166. But he had considered the provision of bad debts in respect of rural branches u/s.36(1) (viia) of the Act together with amount claimed u/s.36(1) (vii) of the Act and restricted allowance to the actual amount provision created of "66,00,00,000/-, debited to profit and loss account. While doing so, the ld. CIT(A) had ignored the actual write…

DCIT Cir 3(1), Mumbai vs. Icici Bank Ltd, Mumbai

ITA 5191/MUM/2009[2004-05]Status: DisposedITAT Mumbai03 Jul 2019AY 2004-05

Bench: Hon’Ble Shri Saktijit Dey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No.5191/Mum/2009 (िनधा"रण वष" / Assessment Year: 2004-05) Dcit-Circle 3(1) Icici Bank Limited बनाम Room No.607, 6Th Floor नाम/ नाम नाम Icici Bank Towers Aaykar Bhavan Bandra-Kurla Complex Vs. Mumbai-400 020. Mumbai-400 051. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaaci-1195-H (अपीलाथ" / Appellant) (ू"यथ" / Respondent) : & C.O. No.127/Mum/2010 [Arising Out Of I.T.A. No.5191/Mum/2009] (िनधा"रण वष" / Assessment Year: 2004-05) Icici Bank Limited Dcit-Circle 3(1) बनाम नाम नाम/ नाम Room No.607, 6Th Floor Icici Bank Towers Bandra-Kurla Complex Aaykar Bhavan Vs. Mumbai-400 051. Mumbai-400 020. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaaci 1195 H (""ा"ेप ""ा"ेप ""ा"ेप /Cross Objector) ""ा"ेप (ू"यथ" / Respondent) :

For Appellant: Ms. Aarti Vissanji-Ld. ARFor Respondent: Shri P.C. Chhotaray -Ld.DR

Section 10Section 143(2)Section 143(3)Section 147Section 148Section 35DSection 36(1)(vii)

…ts, in respect of which details were not available on record. In contrast, the sum of Rs.492.26 Crores has consciously been allowed by Ld. AO. Reliance has been placed on decision of Hon’ble Supreme Court rendered in TRF Limited [323 ITR 397] and Vijaya Bank [323 ITR 166] for the submissions that now there is no requirement to prove that the debts have actually become bad. 4.2.3 For assessee’s eligibility to claim deduction u/s 10(23G), our attention is drawn to the fact that stated issue stood squarely covered in assessee’s favor by the decision of this Tribunal rendered in assessee’s own case for AY 2005-06 vid…

M/S Golden Gate Propeties Ltd vs. DCIT

In the result, the appeal by the assessee is treated as partly allowed

ITA 733/BANG/2013[2009-10]Status: DisposedITAT Bangalore14 Jun 2019AY 2009-10

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranassessment Year : 2009-10

For Appellant: Shri Narendra Sharma, AdvocateFor Respondent: Dr. Shankar Prasad, Addl.CIT(DR)(ITAT), Bengaluru

Section 115JSection 80

…e determining the book profits u/s. 115JB of the Act by invoking clause (i) or (c ) to Explanation-1 to Sec.115JB of the Act. The assessee had in this regard relied on the decision of the Hon’ble Supreme Court in the case of Vijaya Page 10 of 11 Bank v. CIT, 323 ITR 166 (SC) for the proposition that by debiting in the P&L account of provision for bad and doubtful advances and by reducing the same amount from the loans & advances as appearing in the balance sheet, there is in effect a write off of bad and doubtful advances as bad debts. 17. The Hon’ble High Court of Karnataka on a similar objection in the case o…

The Dy. CIT, Circle -4, Ahmedabad vs. M/S. Gujarat State Financial Corporation, Gandhinagar

In the result, the appeal filed by the Revenue is dismissed

ITA 1494/AHD/2016[2011-12]Status: DisposedITAT Ahmedabad27 May 2019AY 2011-12

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No.1494/Ahd/2016 "नधा"रण वष"/Asstt. Year: 2012-2013 D.C.I.T, M/S.Gujarat State Financial Circle-2(1)(1), Vs. Corporation, Ahmedabad. 1St Floor, Block No.10 Udhyog Bhavan, Gandhinagar.

For Appellant: Shri P.F Jain, A.R

Section 14A

…claim of the assessee of Asstt. Year 2012-13 4 deduction of Rs.2,18,05,3927- u/s. 36(1)(vii) of the Act, as bad debts, the learned Tribunal has heavily relied on the decision of the Hon'ble Supreme Court in the case of Vijaya Bank v. CIT, reported in (2010) 323 ITR 166. We have also considered the decision of Hon'ble Supreme Court in the case of Vijaya Bank vs. CIT (supra). The question which is proposed in the present appeal is squarely covered by the decision of the Hon'ble Supreme Court in the case of Vijaya Bank v. CIT (supra). In the case of Vijaya Bank v. CIT (supra), the Hon'ble Supreme Court has observe…

D.C.I.T. - 14(1)(1), Mumbai vs. Asian Paints Ppg Pvt. Ltd., Mumbai

ITA 6548/MUM/2017[2012-13]Status: DisposedITAT Mumbai22 May 2019AY 2012-13

Bench: Hon’Ble Sh. Shamim Yahya, Am & Hon’Ble Sh. Sandeep Gosain, Jm आयकरअपीलसं./ I.T.A. No. 6548/Mum/2017 (निर्धारणवर्ा / Assessment Year: 2012-13)

For Appellant: Shri Dharam Veer SinghFor Respondent: Dr. K. Shivaram & Shri

Section 36Section 37(1)

…ee to the Profit and Loss account also stands reduced from the Trade Receivables /Debtors account on the asset side of the Balance-sheet. Thus, Ld. CIT(A) had rightly relied upon the decision of Hon'ble Supreme Court in the case of Vijaya Bank Vrs. CIT (2010) 323 ITR 166 (SC) wherein it was held that in such a situation the assessee was entitled to the benefit of deduction under section 36(1)(vii) of the Act as there was an actual write off by the assessee in its books. The Hon'ble Supreme Court also reiterated that section 36(1)(vii) 12 I.T.A. No. 6548/Mum/2017 M/s Asian Paints PPG Pvt. Ltd. of 1961 Act applies…

Vidres India Ceramics Pvt. Ltd., Ahmedabad vs. The Dy. CIT, Circle-4(1)(2), Ahmedabad

In the result, assessee’s appeal is allowed

ITA 2521/AHD/2017[2013-14]Status: DisposedITAT Ahmedabad17 May 2019AY 2013-14

Bench: Shri Pramod Kumar & Ms. Madhumita Roy

For Appellant: Shri A. C. Shah, A.RFor Respondent: Shri S. K. Dev, Sr. D.R

Section 143(1)Section 143(2)Section 143(3)Section 2(24)(x)Section 36(1)(iii)Section 36(1)(va)Section 36(1)(vii)

…plicable on the facts of the case. 2. The learned CIT(A) has erred in confirming addition of provision for bad and doubtful debts of Rs. 5,23,625/- under Section 36(1)(vii) in as much as the assessee is covered by SC decision in the case of CIT vs. Vijya Bank 323 ITR 166 (SC).” 2. Ground No.1 : At the time of hearing of the instant appeal the Learned Counsel appearing for the assessee submitted before us that he does not want to proceed with this ground of appeal. Therefore, the same is dismissed as not pressed. 3. Ground No.2 : This ground of appeal relates to confirming addition of provision for bad and doubt…

The Asstt. Commissioner of Income Tax, Circle-4(1)(2), Ahmedabad vs. Smt. Voltamp Transformers Ltd., Ahmedabad

In the result, the appeal of the Revenue is dismissed and the appeal of the Assessee is allowed for statistical purposes

ITA 1323/AHD/2017[2013-14]Status: DisposedITAT Ahmedabad13 May 2019AY 2013-14

Bench: Shri Mahavir Prasad & Shri Amarjit Singh)

For Appellant: Shri Anandkumar Sr. D.RFor Respondent: Shri Ashwin Shah & Bhadresh Gandhakwala

Section 143(2)Section 145ASection 14A

…l income of the assessee. 14. Aggrieved, assessee has filed appeal before the ld. CIT(A). The ld. CIT(A) has deleted the addition made by the Assessing Officer after placing reliance on the decision of Hon’ble Supreme Court in the case of Vijaya Bank vs. CIT 323 ITR 166 stating that the ratio of the aforesaid case is applicable to the facts of the case of the assessee since the assessee has made provision in the Profit and Loss account and has reduced from the doubtful debt in the balance sheet. Therefore, it amount to actual write off. 15. We have heard the rival contentions and perused the material on record.…

The DCIT, Circle -4, Ahmedabad vs. Gujarat State Financial Corporation, Gandhinagar

In the result, assessee’s appeal is allowed and revenue’s appeal is dismissed

ITA 1903/AHD/2014[2009-10]Status: DisposedITAT Ahmedabad04 Apr 2019AY 2009-10

Bench: Shri Pramod Kumar & Ms. Madhumita Roy

For Appellant: Shri P. F. Jain, A.RFor Respondent: Shri Anshu Prakash, CIT-D.R

Section 143(1)Section 143(2)Section 143(3)Section 2(24)

…nal, while allowing the claim of the assessee of deduction of Rs.2,18,05,3927- u/s. 36(1)(vii) of the Act, as bad debts, the learned Tribunal has heavily relied on the decision of the Hon'ble Supreme Court in the case of Vijaya Bank v. CIT, reported in (2010) 323 ITR 166. We have also considered the decision of Hon'ble Supreme Court in the case of Vijaya Bank vs. CIT (supra). The question which is proposed in the present appeal is squarely covered by the decision of the Hon'ble Supreme Court in the case of Vijaya Bank v. CIT(supra). In the case of Vijaya Bank v. CIT (supra), the Hon'ble Supreme Court has observed…

Gujarat State Financial Corporation, Gandhinagar vs. The ACIT., Circle-4, Ahmedabad

In the result, assessee’s appeal is allowed and revenue’s appeal is dismissed

ITA 1547/AHD/2014[2009-10]Status: DisposedITAT Ahmedabad04 Apr 2019AY 2009-10

Bench: Shri Pramod Kumar & Ms. Madhumita Roy

For Appellant: Shri P. F. Jain, A.RFor Respondent: Shri Anshu Prakash, CIT-D.R

Section 143(1)Section 143(2)Section 143(3)Section 2(24)

…nal, while allowing the claim of the assessee of deduction of Rs.2,18,05,3927- u/s. 36(1)(vii) of the Act, as bad debts, the learned Tribunal has heavily relied on the decision of the Hon'ble Supreme Court in the case of Vijaya Bank v. CIT, reported in (2010) 323 ITR 166. We have also considered the decision of Hon'ble Supreme Court in the case of Vijaya Bank vs. CIT (supra). The question which is proposed in the present appeal is squarely covered by the decision of the Hon'ble Supreme Court in the case of Vijaya Bank v. CIT(supra). In the case of Vijaya Bank v. CIT (supra), the Hon'ble Supreme Court has observed…

The Akkialur Urban Co-Op Bank Ltd, Haveri vs. Income Tax Officer, Ward-2, Haveri

In the result, appeal of the assessee is dismissed

ITA 2885/BANG/2017[2012-13]Status: DisposedITAT Bangalore28 Feb 2019AY 2012-13

Bench: Shri. A. K. Garodia

For Appellant: Shri. Ramasubramanyam, CAFor Respondent: Shri. Vikram Suryavamshi, Addl.CIT

Section 143(3)Section 36Section 36(1)(vii)Section 36(1)(viia)

…ITA.2885/Bang/2017 page - 1 IN THE INCOME TAX APPELLATE TRIBUNAL BENGALURU BENCH 'A', BENGALURU BEFORE SHRI. A. K. GARODIA, ACCOUNTANT MEMBER AND SHRI. LALIET KUMAR, JUDICIAL MEMBER I.T.A No.2885/Bang/2017 (Assessment Year : 2012-13) The Akkialur urban Co-op Bank Ltd, Akkialur, Hanagal Taluk, Haveri District .. Appellant PAN : AAABT2417N v. Income-tax officer, Ward – 2, Haveri .. Respondent Assessee by : Shri. Ramasubramanyam, CA Revenue by : Shri. Vikram Suryavamshi, Addl.CIT Heard on : 20.02.2019 Pronounced on : 28.02.2019 O R D E R PER LALIET KUMAR, JUDICIAL MEMBER : The present appeal is filed by the as…

Vijaya Bank v. CIT

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