INDUSTRIAL INVESTMENT BANK OF INDIA LTD.,KOLKATA vs. DCIT, CIR-6, KOLKATA, KOLKATA
In the result, the appeal filed by the assessee is allowed for statistical
ITA 1416/KOL/2014[2004-2005]Status: DisposedITAT Kolkata05 Apr 2017AY 2004-2005
Bench: Shri N.V.Vasudevan Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.1416/Kol/2014 ("नधा"रण वष" / Assessment Year :2004-2005) Industrial Investment Bank Vs. Dcit, Circle-6, Kolkata, Of India Limited, Aayakar Bhawan, P-7, 19, Netaji Subhas Road, Chowringhee Square, Kolkata-700001 Kolkata-700001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabci 0324 D .. (अपीलाथ" /Appellant) (""यथ" / Respondent) राज"व क" ओर से /Revenue By : Shri Sanjay Bhattacharya,Fca "नधा"रती क" ओर से /Assessee By : Shri R.K.Kureel, Jcit सुनवाई क" तार"ख / Date Of Hearing : 28/02/2017 घोषणा क" तार"ख/Date Of Pronouncement 05/04/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: ` The Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2004-2005, Is Directed Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)-Vi, Kolkata, In Appeal No.343/08-09/Cit(A)-Vi/Cir-6/Kol, Dated 29.04.2014, Which In Turn Arises Out Of An Order Passed By The Ao U/S.143(3) Of The Income Tax Act 1961, (Hereinafter Referred To As The ‘Act’), Dated 17.11.2006. 2. Brief Facts Of The Case Qua The Assessee Are That The Assessee Is A Public Sector Undertaking Bank & Its Operations Are Solely In The Segment Of Non-Banking Financial Intermediation Services. The Assessee Being A Financial Institution, Its Activities Are Subject To Guidelines Issued By The Reserve Bank Of India For Banking Companies. During The Financial Year Under Consideration, The Assessee Company Written Off A Sum Of Rs.1,42,48,266/- On Account Of Debts As Irrecoverable. The Assessee Is An Organization To Which The Provisions Of Section 36(1)(Viia) Is Applicable.
For Appellant: Shri R.K.Kureel, JCITFor Respondent: Shri Sanjay Bhattacharya,FCA
Section 143(3)Section 2(45)Section 36Section 36(1)(viia)Section 5
depreciation
Rs. 8,300
Rs. 46,74,09,830
Less: Provision allowed u/s.36(1)(viia) ( c)
-restricted to 5% of total income
Rs. 2,33,70,492
Rs. 42,40,39,338
Less: Business Loss brought forward
Rs.42,40,39,338
Total Income
Nil
The AO later on noticed that the computation of deduction
u/s.36(1)(viia
