M/S.US TECHNOLOGY RESOURCES P. LTD,TRIVANDRUM vs. THE ACIT, TRIVANDRUM

In the result, the appeal for assessment year 2011-2012

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

section 195(1) of the Act holding that the amounts paid to lead managers and managers were chargeable to tax in India as fees for technical services within the meaning of section 9(1)(vii) of the Act. The Appellate Commissioner also upheld the order of the assessing officer. On further appeal before the Mumbai Bench of this Tribunal

FEDERAL BANK LTD,KOCHI vs. ACIT CORP. CIRCLE-1(1 ) , KOCHI

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

Section 36(1) (vii)of the Act, in consonance, with Vijaya Bank (supra) and the declaration made therein. The income tax appeals are partly allowed.” 8. We thus restore the assessee’s instant sec.36(1)(vii) disallowance back to the Assessing Officer for afresh verification in light of “Vijay Bank” and the relevant write off in the balance sheet

FEDERAL BANK LTD,KOCHI vs. ACIT CORP. CIRCLE-1(1 ) , KOCHI

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

Section 36(1) (vii)of the Act, in consonance, with Vijaya Bank (supra) and the declaration made therein. The income tax appeals are partly allowed.” 8. We thus restore the assessee’s instant sec.36(1)(vii) disallowance back to the Assessing Officer for afresh verification in light of “Vijay Bank” and the relevant write off in the balance sheet

FEDERAL BANK LTD,KOCHI vs. ACIT CORP. CIRCLE-1(1 ) , KOCHI

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

Section 36(1) (vii)of the Act, in consonance, with Vijaya Bank (supra) and the declaration made therein. The income tax appeals are partly allowed.” 8. We thus restore the assessee’s instant sec.36(1)(vii) disallowance back to the Assessing Officer for afresh verification in light of “Vijay Bank” and the relevant write off in the balance sheet

FEDERAL BANK LTD,KOCHI vs. ACIT CORP. CIRCLE-1(1 ) , KOCHI

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

Section 36(1) (vii)of the Act, in consonance, with Vijaya Bank (supra) and the declaration made therein. The income tax appeals are partly allowed.” 8. We thus restore the assessee’s instant sec.36(1)(vii) disallowance back to the Assessing Officer for afresh verification in light of “Vijay Bank” and the relevant write off in the balance sheet

FEDERAL BANK LTD,KOCHI vs. ACIT CORP. CIRCLE-1(1 ) , KOCHI

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

Section 36(1) (vii)of the Act, in consonance, with Vijaya Bank (supra) and the declaration made therein. The income tax appeals are partly allowed.” 8. We thus restore the assessee’s instant sec.36(1)(vii) disallowance back to the Assessing Officer for afresh verification in light of “Vijay Bank” and the relevant write off in the balance sheet

FEDERAL BANK LTD,KOCHI vs. ACIT CORP. CIRCLE-1(1 ) , KOCHI

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

Section 36(1) (vii)of the Act, in consonance, with Vijaya Bank (supra) and the declaration made therein. The income tax appeals are partly allowed.” 8. We thus restore the assessee’s instant sec.36(1)(vii) disallowance back to the Assessing Officer for afresh verification in light of “Vijay Bank” and the relevant write off in the balance sheet

DY.COMMISSIONER OF INCOME TAX, THRISSUR vs. THE CSB BANK LTD, THRISSUR

In the result, the appeal of revenue is dismissed

Bench: SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

disallowance of provisions of bad and doubtful debts to the extent of Rs. 57.57 crores is deleted. 3. The CIT(A) has erred on the following points while deleting the Book profit enhancement consequent to bad and doubtful debt the extent of Rs. 57.57 crores. 3.1. Vijaya Bank decision is applicable only for normal Income and not MAT Income [Minimum

M/S.US TECHNOLOGY RESOURCES P. LTD,TRIVANDRUM vs. THE ACIT(INTERNATIONAL TAXATION), TRIVANDRUM

In the result, the appeals of the assessee are

Bench: S/Shri Chandra Poojari , Am & George George K., Jm

disallowing the said payments. 3. The first common ground in all the appeals is with regard to the action of the CIT(A) in upholding the tax levied by the Assessing Officer u/s. 201(1) and 201(1A) of the I.T. Act on account of consulting services as there is no deduction of TDS in terms

M/S.US TECHNOLOGY RESOURCES P. LTD,TRIVANDRUM vs. THE ACIT(INTERNATIONAL TAXATION), TRIVANDRUM

In the result, the appeals of the assessee are

Bench: S/Shri Chandra Poojari , Am & George George K., Jm

disallowing the said payments. 3. The first common ground in all the appeals is with regard to the action of the CIT(A) in upholding the tax levied by the Assessing Officer u/s. 201(1) and 201(1A) of the I.T. Act on account of consulting services as there is no deduction of TDS in terms

M/S.US TECHNOLOGY RESOURCES P. LTD,TRIVANDRUM vs. THE ACIT(INTERNATIONAL TAXATION), TRIVANDRUM

In the result, the appeals of the assessee are

Bench: S/Shri Chandra Poojari , Am & George George K., Jm

disallowing the said payments. 3. The first common ground in all the appeals is with regard to the action of the CIT(A) in upholding the tax levied by the Assessing Officer u/s. 201(1) and 201(1A) of the I.T. Act on account of consulting services as there is no deduction of TDS in terms

M/S.US TECHNOLOGY RESOURCES P. LTD,TRIVANDRUM vs. THE ACIT(INTERNATIONAL TAXATION), TRIVANDRUM

In the result, the appeals of the assessee are

Bench: S/Shri Chandra Poojari , Am & George George K., Jm

disallowing the said payments. 3. The first common ground in all the appeals is with regard to the action of the CIT(A) in upholding the tax levied by the Assessing Officer u/s. 201(1) and 201(1A) of the I.T. Act on account of consulting services as there is no deduction of TDS in terms

M/S.US TECHNOLOGY RESOURCES P. LTD,TRIVANDRUM vs. THE ACIT(INTERNATIONAL TAXATION), TRIVANDRUM

In the result, the appeals of the assessee are

Bench: S/Shri Chandra Poojari , Am & George George K., Jm

disallowing the said payments. 3. The first common ground in all the appeals is with regard to the action of the CIT(A) in upholding the tax levied by the Assessing Officer u/s. 201(1) and 201(1A) of the I.T. Act on account of consulting services as there is no deduction of TDS in terms

ACIT, KOCHI vs. M/S.GEOFIN COMTRADE LTD, KOCHI

In the result, the Revenue’s appeals are allowed

Bench: Shri Sanjay Arora & Dr. S. Seethalakshmi

vii), i.e., is not obliterated (written off), and represents normal provision toward diminution in the value of debtors, it would be liable to be allowed u/s. 36(1)(viia), an independent provision, which stands on its own footing, as explained in Catholic Syrian Bank v. CIT [2012] 343 ITR 270 (SC). This provision, though again liable to be reflected

ACIT CORPORATE CIRCLE -1 (1), KOCHI vs. M/S GEOFIN COMTRADE LTD, KOCHI

In the result, the Revenue’s appeals are allowed

Bench: Shri Sanjay Arora & Dr. S. Seethalakshmi

vii), i.e., is not obliterated (written off), and represents normal provision toward diminution in the value of debtors, it would be liable to be allowed u/s. 36(1)(viia), an independent provision, which stands on its own footing, as explained in Catholic Syrian Bank v. CIT [2012] 343 ITR 270 (SC). This provision, though again liable to be reflected

THE ACIT, CIRCLE-2(2), TIRUR, TIRUR vs. M/S. SOUTH MALABAR GRAMINA BANK H.O., MALAPPURAM

In the result, appeal of the assessee in ITA No

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

disallowance of deduction u/s. 36(1)(vii) towards provision for bad and doubtful advances of rural advances on the ground that no provision was made in the accounts. 9. On appeal, the CIT(A) observed that provisions of section

M/S.SOUTH MALABAR GRAMIN BANK ( PRESENTLY- KERALA GRAMIN BANK),MALAPPURAM vs. THE ACIT, CIRCLE_2(2), TIRUR, TIRUR

In the result, appeal of the assessee in ITA No

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

disallowance of deduction u/s. 36(1)(vii) towards provision for bad and doubtful advances of rural advances on the ground that no provision was made in the accounts. 9. On appeal, the CIT(A) observed that provisions of section

M/S.SOUTH MALABAR GRAMINA BANK,MALAPPURAM vs. THE ACIT, CIRCLE-2(2), TIRUR, THE ACIT, CIRCLE-2(2), TIRUR

In the result, appeal of the assessee in ITA No

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

disallowance of deduction u/s. 36(1)(vii) towards provision for bad and doubtful advances of rural advances on the ground that no provision was made in the accounts. 9. On appeal, the CIT(A) observed that provisions of section

THE SOUTH INDIAN BANK LIMITED ,THRISSUR vs. ACIT, CIRCLE 1(1), THRISSUR

Appeal is allowed

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

1)(vii). Your appellant craves leave to add or to amend and/or vary the grounds of appeal before or at time of hearing.” 9. Suffice to say, both the learned representatives during the course of hearing duly agree that the hon'ble jurisdictional high court has itself settled the issue in department’s favour so far as allowability