DY. COMMISSIONER OF INCOME TAX CIRCLE, SULTANPUR vs. M/S KANPUR KSHETRIYA GRAMIN BANK, KANPUR

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

Bench: Shri B.R. Baskaran & Shri Amit Shuklaassessment Year: 2000-01 Dcit, Vs M/S Baroda Up Bank Circle-1, (Earlier Known As Kanpur Kshatriya Gorakhpur. Gramin Bank & Since Amalgamated With Baroda Up Bank) Gorakhpur. Pan: Aabck0383Q (Appellant) (Respondent) Assessee By : Shri S.K. Garg, Ca Revenue By : Shri Robin Chaudhary, Cit-Dr Date Of Hearing : 25.09.2023 Date Of Pronouncement : 26.09.2023 Order Per B.R. Baskaran, Am: The Revenue Has Filed This Appeal Challenging The Order Dated 02.07.2008 Passed By The Ld.Cit(A)-Ii, Kanpur & It Relates To The Assessment Year 2000-01. The Only Ground Raised By The Revenue Reads As Under:- “That The Ld.Cit(Appeal) Ii, Kanpur Has Erred In Law & On Facts In Deleting The Entire Income Of The Assesse As Exempt & Without Appreciating That The Addition By The Ao On The Points Of Depreciation, Gratuity, P.F., Penalty Provisions For Npa & Disallowance Of Share Capital Deposits Are Not Covered U/S 80P(2)(A)(I) Of The I.T. Act.” 2. We Have Heard The Parties & Perused The Record. The Assesse Was Earlier Known As Kanpur Kshatriya Gramin Bank. It Has Been Amalgamated Into Baroda U.P. Bank. The Assessee Filed The Return Of Income For The Year Under Consideration Declaring Nil Income After Claiming Deduction U/S 80P(2)(A)(I) Of The Act. The Ao Took The View That The Assessee Is Not Eligible For The Above-Said Deduction For The Reason That The Assessee Had Engaged Itself During The Year In Normal Banking Business. Accordingly, He Rejected The Claim For Deduction U/S 80P(2)(A)(I) Of The Act. The Ao Also Made Various Additions To The Business Income Returned By The Assessee. The Assessee Had Declared A Net Profit Of Rs.5.69 Crores & The Ao Computed Total Income At Rs.10.85 Crores.

income of the assesse as exempt and without appreciating that the addition by the AO on the points of depreciation