ACIT, CIRCLE-2(1)(1), MUMBAI vs. M/S BANK OF INDIA, MUMBAI

In the result, the appeal by the Revenue for the assessment year 2018-

Bench: Shri Vikram Singh Yadavshri Sandeep Singh Karhailita No.1452/Mum/2023 Assessment Year : 2016-17 Assessment Year : 2018-19

depreciation u/s. 32 of the Act on the same and reduce the total income accordingly. 46. Learned counsel for the assessee fairly submits that, as on now, the issue is covered, against the assessee, by decisions of the coordinate benches, and he does not, therefore, press the issue any further. Obviously, however, he retains his right to carry the matter

BANK OF INDIA,MUMBAI vs. THE NATIONAL FACELESS ASSESSMENT CENTRE, MUMBAI

Bench: Shri Vikram Singh Yadavshri Sandeep Singh Karhail

depreciation u/s. 32 of the Act on the same and reduce the total income accordingly. 46. Learned counsel for the assessee fairly submits that, as on now, the issue is covered, against the assessee, by decisions of the coordinate benches, and he does not, therefore, press the issue any further. Obviously, however, he retains his right to carry the matter

DY..C.I.T., BANGALORE vs. M/S STATE BANK OF MYSORE, BANGALORE

Bench: Justice (Retd.) C V Bhadang & Ms Padmavathy S, Am

section 2 36(1)(viia). Disallowance of depreciation on Automated Tailor Machine (ATM) and 3 other computer peripherals by reclassifying

STATE BANK OF MYSORE,BANGALORE vs. JCIT, BANGALORE

Bench: Justice (Retd.) C V Bhadang & Ms Padmavathy S, Am

section 2 36(1)(viia). Disallowance of depreciation on Automated Tailor Machine (ATM) and 3 other computer peripherals by reclassifying

ACIT (LTU)-1, MUMBAI vs. UNION BANK OF INDIA, MUMBAI

In the result, appeal of the assessee is allowed

36(1)(viia) of the Act.\nAccordingly, ground no.7, raised in assessee's appeal is allowed.\nRespectfully following the decision of the Co-ordinate Bench,\nGround No. 3 is allowed.\n17. Ground No. 4 relates to the applicability of provisions of Section\n115JB of the Act. This issue has been considered by the Co-ordinate Bench\nin assessee

DY..C.I.T., BANGALORE vs. M/S STATE BANK OF MYSORE, BANGALORE

In the result, the appeal of the Revenue Ground-3 is dismissed

section 36(1)(viia) of the Act and Rule 6ABA of the IT Rules.\ng) The learned CIT(A) erroneously interpreted the provisions of the Rule 6ABA of\nthe IT Rules and stated that if the outstanding balance of advances is to be\nreckoned for calculating Aggregate Average Advances, then the denominator\nshould also include the months of the preceding

STATE BANK OF MYSORE,BANGALORE vs. JCIT, BANGALORE

In the result, the appeal of the Revenue Ground-3 is dismissed

Bench: Shri Narendra Kumar Billaiya, Account Member & Shri Anikesh Banerjeestate Bank Of India Vs Joint Commissioner Of Income-Tax, (Erstwhile State Bank Of Large Tax Payers Unit, Bangalore Mysore Prior To Merger) Local Head Office Compliance Department, 4Th Floor, 65, St. Marks Road, Bangalore-560 001 Pan: Aaccs0155P Appellant Respondent Deputy Commissioner Of Vs State Bank Of Mysore Income-Tax, Ltu, Circle-1, Head Office, Finance & Accounts Bangalore Department, Kg Road, Bangalore- 560 009 Pan: Aaccs0155P Appellant Respondent

section 36(1)(viia) of the Act and Rule 6ABA of the IT Rules. g) The learned CIT(A) erroneously interpreted the provisions of the Rule 6ABA of the IT Rules and stated that if the outstanding balance of advances is to be reckoned for calculating Aggregate Average Advances, then the denominator should also include the months of the preceding

INDUSIND BANK LTD,MUMBAI vs. THE DCIT-2(3)(1), MUMBAI

In the result, the Income Tax Appeal is\ndismissed

section 36(1)(viia) r.w.s.36(2)(v).\n\nSale of Immovable Property acquired through loan to be treated as Business\nIncome / Loss – Ground No.4\n\n10.\nDuring the year under consideration the assessee had sold four immovable\nproperties which were acquired on settlement of loan with the borrower. The\nassessee while filing the return of income has shown the loss

DCIT-2(3)(1), MUMBAI vs. INDUSIND BANK LTD., MUMBAI

section 36(1)(viia) r.w.s.36(2)(v).\nSale of Immovable Property acquired through loan to be treated as Business\nIncome / Loss – Ground No.4\n10. During the year under consideration the assessee had sold four immovable\nproperties which were acquired on settlement of loan with the borrower. The\nassessee while filing the return of income has shown the loss from

M/S UNION BANK OF INDIA,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-(LTU)-2, MUMBAI, MUMBAI

In the result, the appeal of the revenue is dismissed

viia) of the Act and it can only claim deduction under section\n36(1)(vii) of the Act, if there is any recovery, it can be charged to tax under\nsection 41(4) of the Act. Therefore, the proposed addition of recovery of bad\ndebts by the Assessing Officer is not proper and observation of Ld.CIT(A) is\nalso

ICICI BANK LTD.,MUMBAI vs. THE DY CIT -2(3)(1), MUMBAI

In the result, appeal filed by the assessee is partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm Icici Bank Ltd. The Dy. Commissioner Of Icici Bank Towers, Income-Tax 2(3)(1) Bandra Kurla Complex, Aaykar Bhavan, Vs. 5Th Floor, Room No.552, Badra (East), Mumbai-400 051 M.K. Road, Mumbai-400 020 (Appellant) (Respondent) Pan No. Aaaci1195H

Depreciation of investments of Rs.46,19,11,355. (d) Deduction allowed under section 36(1) (viia) of Rs. 159,22,24,604. (e) Excess

ASST CIT CIR 2(2)(1), MUMBAI vs. STATE BANK OF INDIA, MUMBAI

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

Bench: Shri B.R. Baskaran & Shri Sandeep Singh Karhail

Depreciation under section 36(1)(viia) of Rs.234,81,61,782 7.1 The learned CIT(A) erred in holding that

STATE BANK OF INDIA,MUMBAI vs. ADDL CIT RG 2(2), MUMBAI

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

Bench: Shri B.R. Baskaran & Shri Sandeep Singh Karhail

Depreciation under section 36(1)(viia) of Rs.234,81,61,782 7.1 The learned CIT(A) erred in holding that

DCIT 2(2), MUMBAI vs. STATE BANK OF INDIA, MUMBAI

Bench: Shri M. Balaganesh & Shri Kuldip Singhassessment Year: 2005-06 M/S. State Bank Of India, Dcit, Financial Reporting & Circle -2(2), Taxation Dept., Mumbai 3Rd Floor, Vs. Corporate Centre, Madam Cama Road, Nariman Point, Mumbai – 400 021 Pan: Aaacs8577K (Appellant) (Respondent) Assessment Year: 2005-06 Office Of The Dcit-2(2), M/S. State Bank Of India, R.No.545, Central Office, Aayakar Bhavan, Accounts & Compliance M.K. Road, Dept., Vs. 14Th Floor, Mumbai- 400 020 Madam Cama Rd., Nariman Point, Mumbai – 400 021 Pan: Aaacs8577K (Appellant) (Respondent)

viia) and has to be read with Section 36(2)(v) of the Act. Thus, the proviso would not permit benefit of double deduction, operating with reference to rural loans while under Section 36(1)(vii), the assessee would be entitled to general deduction upon an account having become bad debt and being written off as irrecoverable in the accounts

STATE BANK OF INDIA,MUMBAI vs. DCIT CIR 2(2), MUMBAI

Bench: Shri M. Balaganesh & Shri Kuldip Singhassessment Year: 2005-06 M/S. State Bank Of India, Dcit, Financial Reporting & Circle -2(2), Taxation Dept., Mumbai 3Rd Floor, Vs. Corporate Centre, Madam Cama Road, Nariman Point, Mumbai – 400 021 Pan: Aaacs8577K (Appellant) (Respondent) Assessment Year: 2005-06 Office Of The Dcit-2(2), M/S. State Bank Of India, R.No.545, Central Office, Aayakar Bhavan, Accounts & Compliance M.K. Road, Dept., Vs. 14Th Floor, Mumbai- 400 020 Madam Cama Rd., Nariman Point, Mumbai – 400 021 Pan: Aaacs8577K (Appellant) (Respondent)

viia) and has to be read with Section 36(2)(v) of the Act. Thus, the proviso would not permit benefit of double deduction, operating with reference to rural loans while under Section 36(1)(vii), the assessee would be entitled to general deduction upon an account having become bad debt and being written off as irrecoverable in the accounts

STATE BANK OF INDIA,MUMBAI vs. ASST CIT CIR 2(2), MUMBAI

In the result, appeal of the Revenue in ITA No

depreciation of ₹ 165,18,13,363, on account of leased assets. 21. Having considered the submissions of the parties and having perused the material on record including the case laws relied upon, we find that the issue for our adjudication has been decided by the Co-ordinate Bench of this Tribunal in assessee's own case against the assessee

UNION BANK OF INDIA,MUMBAI vs. DCIT (LTU) 2, MUMBAI

In the result, appeal of the assessee is allowed and the appeal by the Revenue is partly allowed for statistical purposes

Bench: Shri Vikas Awasthy & Shri G.Manjunathaआअसं. 1804/मुं/2018 ("न.व 2011-12) आअसं. 1805/मुं/2018 ("न.व 2012-13) आअसं. 1806/मुं/2018 ("न.व 2013-14) आअसं. 1807/मुं/2018 ("न.व 2014-15) Union Bank Of India, Central Accounts Dept., 6Th Floor, Union Bank Bhavan, 239, Vidhan Bhavan Marg, Nariman Point, Mumbai 400 021 Pan:Aaacu0564G ...... अपीलाथ" /Appellant

viia). (c ) Similarly, 36(1)(viii) which provide for deduction on profits from eligible advances for specified entities provides specified entities to mean banking companies and defines banking company as under: (c) "banking company" means a company to which the Banking Regulation Act, 1949 (10 of 1949) applies and includes any bank or banking institution referred to in section

UNION BANK OF INDIA,MUMBAI vs. DCIT (LTU) 2, MUMBAI

In the result, appeal of the assessee is allowed and the appeal by the Revenue is partly allowed for statistical purposes

Bench: Shri Vikas Awasthy & Shri G.Manjunathaआअसं. 1804/मुं/2018 ("न.व 2011-12) आअसं. 1805/मुं/2018 ("न.व 2012-13) आअसं. 1806/मुं/2018 ("न.व 2013-14) आअसं. 1807/मुं/2018 ("न.व 2014-15) Union Bank Of India, Central Accounts Dept., 6Th Floor, Union Bank Bhavan, 239, Vidhan Bhavan Marg, Nariman Point, Mumbai 400 021 Pan:Aaacu0564G ...... अपीलाथ" /Appellant

viia). (c ) Similarly, 36(1)(viii) which provide for deduction on profits from eligible advances for specified entities provides specified entities to mean banking companies and defines banking company as under: (c) "banking company" means a company to which the Banking Regulation Act, 1949 (10 of 1949) applies and includes any bank or banking institution referred to in section