M/S. KARNATAKA BANK LIMITED,MANGALURU vs. THE DEPUTY COMMISSIONER OF INCOME TAX. CIRCLE- 2(1), MANGALURU

In the result, the appeal of the assessee is partly allowed for statistical purposes and the revenue’s appeal is dismissed

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K., Judciial Member Assessment Year : 2015-16

Section 36(1)(vii) by Finance Act, 2013 has not changed the proposition of law as it existed before introduction of such explanation. 2.5.1. The learned CIT(A) failed to appreciate the fact that Explanation 2 was introduced to prevent double deduction in the case of same debt for which deduction was allowed u/s 36(1)(viia). 2.6 The learned

M/S SYNDICATE BANK,MANIPAL vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 1, UDUPI

In the result, appeal of the revenue in ITA No

Bench: Shri Chandra Poojari & Shri Keshav Dubeyassessment Year: 2015-16

viia), both advance outstanding as well as fresh advances are to be considered. We further note that AO has reverted a clear factual finding in the assessment order that population in these 37 branches exceeded ten thousand as per Census 2011. Before that CIT (A) the assessee could not produce credible evidence. Considering the totality of facts, we remit this

ADDL/JOINT COMMISSIONER OF INCOME TAX (LTU) , BANGALORE vs. M/S VIJAYA BANK , BANGALORE

Accordingly the grounds raised by the revenue is allowed for statistical purposes

Bench: Shri George George K. & Shri Laxmi Prasad Sahum/S. Bank Of Baroda Vs. Addl. Cit, Ltu, (Erstwhile Vijaya Bank) Bmtc Building 7Th Floor, Central Accounts 6Th Block, Koramangala Bengaluru 560095 Dept., 41/2, M.G. Road Bengaluru 560001 Pan – Aaacvo3787 (Appellant) (Respondent) Acit, Circle - 2(1)(1) Vs. M/S. Bank Of Baroda Room No. 561, 5Th Floor (Erstwhile Vijaya Bank) Aayakar Bhavan 7Th Floor, Central Accounts M.K. Road Dept., 41/2, M.G. Road Mumbai 400020 Bengaluru 560001 Pan – Aaacvo3787 (Appellant) (Respondent) Assessee By: Shri Ananthan, Ca& Smt. Lalitha Rameswaran, Ca Revenue By: Shri G. Manoj Kumar, Cit-Dr Date Of Hearing: 29.03.2023 Date Of Pronouncement: 25.04.2023 M/S. Bank Of Baroda

viia) of the Act in terms of the proviso to sec. 36(1)(vii) and sec. 36(2)(v) of the Act. 7.17 In view of the foregoing discussions, we are unable to agree with the view expressed by Ld CIT(A) on this issue. Accordingly, we set aside the order passed by Ld CIT(A) on this issue

M/S VIJAYA BANK ,BANGALORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX LTU , BANGALORE

Accordingly the grounds raised by the revenue is allowed for statistical purposes

Bench: Shri George George K. & Shri Laxmi Prasad Sahum/S. Bank Of Baroda Vs. Addl. Cit, Ltu, (Erstwhile Vijaya Bank) Bmtc Building 7Th Floor, Central Accounts 6Th Block, Koramangala Bengaluru 560095 Dept., 41/2, M.G. Road Bengaluru 560001 Pan – Aaacvo3787 (Appellant) (Respondent) Acit, Circle - 2(1)(1) Vs. M/S. Bank Of Baroda Room No. 561, 5Th Floor (Erstwhile Vijaya Bank) Aayakar Bhavan 7Th Floor, Central Accounts M.K. Road Dept., 41/2, M.G. Road Mumbai 400020 Bengaluru 560001 Pan – Aaacvo3787 (Appellant) (Respondent) Assessee By: Shri Ananthan, Ca& Smt. Lalitha Rameswaran, Ca Revenue By: Shri G. Manoj Kumar, Cit-Dr Date Of Hearing: 29.03.2023 Date Of Pronouncement: 25.04.2023 M/S. Bank Of Baroda

viia) of the Act in terms of the proviso to sec. 36(1)(vii) and sec. 36(2)(v) of the Act. 7.17 In view of the foregoing discussions, we are unable to agree with the view expressed by Ld CIT(A) on this issue. Accordingly, we set aside the order passed by Ld CIT(A) on this issue

M/S. CORPORATION BANK,MANGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 2(1), MANGALURU

Bench: Shri George George K & Ms. Padmavathy S & Ita No.1680/Bang/2018 Assessment Year : 2015-16 & 2014-15

section 11 of the ITA No.1109/Bang/2019, 1680/Bang/2018, 164/Pnj/2019 & 235/Pan/2018 Page 28 of 44 Banking Companies (Acquisition and Transfer of Undertaking) Act 1980. (k) Various decisions relied upon by the assessee relate to the period prior to the amendment made by Finance Act 2012. 7.3 Before us, the Ld A.R reiterated that the provisions of sec.115JB will not apply

M/S. SYNDICATE BANK,MANIPAL vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1,, UDUPI

In the result, grounds 6 and 9 are allowed for statistical purposes

Bench: Shri George George K, Jm & Ms.Padmavathy S, Jm

36(1)(viia) would apply to non-rural advances also) is hereby set aside. Hence, we direct the A.O. to delete the disallowance made by the CIT(A). It is ordered accordingly. 12.5 In the result, ground 3 is allowed. APPLICABILITY OF PROVISIONS OF SECTION 115JB OF THE ACT (GROUND 4) 13. The assessee-bank had not computed book profit

M/S CORPORATION BANK ,MANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-2(1), MANGALORE

In the result, both the appeal filed by the assessee as well as Revenue are partly allowed for statistical purposes

Bench: Shri B.R Baskaran & Smt. Beena Pillaiassessment Year: 2013-14

viia) applies only to rural advances. This has been explained by the Circulars issued by CBDT. Thus, the proviso indicates that it is limited in its application to bad debt(s) arising out of rural advances of a bank. It follows that if the amount of bad debt(s) actually written off in the accounts of the bank represents only

THE KARNATAKA BANK LTD,MANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1), MANGALORE

In the result, the appeal filed by the assessee is treated as allowed and the appeal of the revenue is treated as partly allowed for statistical purposes

Bench: Shri George George K. & Shri B.R. Baskaranassessment Year : 2013-14

36(1)(viia) would apply to non-rural advances also. Accordingly, we direct the AO to delete the disallowance of Rs.192.02 crores. 6. The next issue urged by the assessee relates to disallowance of payments made to VISA International u/s 40(a)(ia) of the Act, which was confirmed by Ld CIT(A). The revenue is also in appeal

M/S. SYNDICATE BANK,MANIPAL vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, UDUPI

In the result, the appeal filed by the assessee and the appeal of the revenue are treated as partly allowed for statistical purposes

Bench: Shri George George K. & Shri B.R. Baskaranassessment Year : 2013-14

36(1)(viia) would apply to non-rural advances also. Accordingly, we direct the AO to delete the disallowance of Rs.1258.47 crores. 7. The next issue contested by the assessee relates to the applicability of sec.115JB of the Act. In the return of income, the assessee did not compute book profit, as according to the assessee the provisions of sec.115JB

CANARA BANK vs. ADDL.C.I,.T,

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

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

36(1)(viia) of ITA Nos.979 & 1035/B/13 .......903/B/16 Canara Bank Page 53 of 59 the Act. In the assessee’s appeal for assessment year 2010-11 in ITA No.1493/Bang/2014, we held that for the purpose of calculating Average Aggregate Advances (AAA), only loan outstanding should alone be considered, not fresh advances made during the period. However, this issue was remitted

CANARA BANK,BANGALORE vs. JCIT, BANGALORE

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

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

36(1)(viia) of ITA Nos.979 & 1035/B/13 .......903/B/16 Canara Bank Page 53 of 59 the Act. In the assessee’s appeal for assessment year 2010-11 in ITA No.1493/Bang/2014, we held that for the purpose of calculating Average Aggregate Advances (AAA), only loan outstanding should alone be considered, not fresh advances made during the period. However, this issue was remitted

CANARA BANK,BANGALORE vs. JCIT, BANGALORE

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

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

36(1)(viia) of ITA Nos.979 & 1035/B/13 .......903/B/16 Canara Bank Page 53 of 59 the Act. In the assessee’s appeal for assessment year 2010-11 in ITA No.1493/Bang/2014, we held that for the purpose of calculating Average Aggregate Advances (AAA), only loan outstanding should alone be considered, not fresh advances made during the period. However, this issue was remitted

J.C.I.T vs. M/S CANARA BANK,

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

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

36(1)(viia) of ITA Nos.979 & 1035/B/13 .......903/B/16 Canara Bank Page 53 of 59 the Act. In the assessee’s appeal for assessment year 2010-11 in ITA No.1493/Bang/2014, we held that for the purpose of calculating Average Aggregate Advances (AAA), only loan outstanding should alone be considered, not fresh advances made during the period. However, this issue was remitted

JOINT COMMISSIONER OF INCOME TAX,, BANGALORE vs. M/S CANARA BANK, BANGALORE

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

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

36(1)(viia) of ITA Nos.979 & 1035/B/13 .......903/B/16 Canara Bank Page 53 of 59 the Act. In the assessee’s appeal for assessment year 2010-11 in ITA No.1493/Bang/2014, we held that for the purpose of calculating Average Aggregate Advances (AAA), only loan outstanding should alone be considered, not fresh advances made during the period. However, this issue was remitted

CANARA BANK,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX, LTU,, BANGALORE

In the result, Revenue’s appeal for Assessment Year 2014-15 is partly allowed for statistical purposes

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boaz

36(1)(viia) of the Act is incorrect and therefore delete the disallowance made there under. Consequently, ground NO.3 of the assessee's appeal is allowed. 8. Ground No.4 (4.1 to 4.5) – Depreciation on Investments. 8.1 In these grounds (supra), Revenue assails the order of the learned CIT (Appeals) in directing the Assessing Officer to allow the assessee's claim

ACIT, HUBLI vs. KARNATAKA VIKAS GRAMEEN BANK, DHARWAD

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

Bench: Shri N.V Vasudevan & Shri Jason P Boaz

36(1)(viia) of the Act is restored and the relief allowed by the CIT(A) is held to be not correct. 25. The Ground Nos. 2 to 3 are accordingly allowed. 26. Ground Nos. 4 and 5 raised by the Revenue reads as follows:- “4. Whether on facts & circumstances of the case, is the 01(A) correct in deleting

CANARA BANK ,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX LTU , BANGALORE

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Sunil Kumar Yadav & Shri Inturi Rama Raom/S.Canara Bank, Bsca Section, Head Office, J C Road, Bengaluru-560 002. Pan: Aaacc 6106 G … Appellant Vs. Joint Commissioner Of Income-Tax, Ltu, Bengaluru. … Respondent

36(1)(viia). At the same time, alternative Page 8 of 12 claim of the assessee that it is to be allowed u/s 37(1), in our view, is acceptable. On a perusal of the assessment order and the facts and materials available on record, it is quite evident that the amount was waived at the direction of the State

JOINT COMMISSIONER OF INCOME TAX, LTU,, , BENGALURU vs. M/S. VIJAYA BANK, BENGALURU

In the result, the appeal filed by the Revenue is partly allowed for statistical purposes

Bench: Shri George George K & Ms. Padmavathy Sassessment Year : 2014-15

viia) without any distinction between rural advances other advances. 14. Aggrieved by the order of the CIT(A), the assessee has raised the issue before us. 15. The ld.AR submitted that the issue in question is covered in assessee’s own case by the order of the Tribunal in ITA No.1833/Bang/2018 vide order dated 28/12/2021 for the asst. year