DCIT, Tirunelveli vs. Tirunelveli District Central Coop Bank Ltd., Tirunelveli
In the result, the appeal filed by the Revenue is allowed
ITA 1177/CHNY/2017[2013-14]Status: DisposedITAT Chennai27 Sept 2017AY 2013-14
Bench: Shri Sanjay Arora & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A.No.1177/Mds/2017 "नधा"रण वष"/Assessment Year:2013-14 The Deputy Commissioner Of M/S. Tirunelveli District Central Income Tax, Circle 1, Vs. Co-Op. Bank Ltd., Tirunelveli. Tirunelveli [Pan:Aaaat7955J] (अपीलाथ" /Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से / Appellant By : Shri Asish Tripathi, Jcit ""यथ" क" ओर से/Respondent By : Shri C. Maruthappan, C.A. सुनवाई क" तार"ख/ Date Of Hearing : 25.07.2017 घोषणा क" तार"ख /Date Of Pronouncement : 27.09.2017 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 3, Madurai Dated 14.02.2017 Relevant To The Assessment Year 2013-14. The Only Effective Ground Raised In The Appeal Of The Revenue Is That The Ld. Cit(A) Has Erred In Deleting The Disallowance Of ₹.38,67,983/- Made Under Section 36(1)(Viia) Of The Income Tax Act, 1961 [“Act” In Short].
For Appellant: Shri Asish Tripathi, JCITFor Respondent: Shri C. Maruthappan, C.A
Section 143(2)Section 36(1)(viia)
…on 31.03.2012. A provision, in 4 I.T.A. No.1177/M/17 fact, has to be reflected in the balance-sheet by way of reduction in the value of the corresponding asset - trade debt in the instant case, as also explained by the Apex Court in Vijaya Bank v. CIT [2010] 323 ITR 166 (SC). What, on the contrary, the assessee has created (in its accounts) is a reserve for Non- Performing Assets (NPAs) at ₹.38,67,983/-. A reserve, by definition, is only an appropriation of profit, so that, again, admittedly, it does not go to reduce the profit of the assessee (reporting enterprise). There is concomitantly no reduction in the va…