Supreme Court - Daily Orders
Commnr. Of Income Tax, Cochin vs Dhanalekshmi Bank Ltd. on 15 April, 2015
Bench: A.K. Sikri, Rohinton Fali Nariman
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL Nos. 6353-6360 of 2004
THE COMMNR. OF INCOME TAX, COCHIN Appellant(s)
VERSUS
THE DHANALEKSHMI BANK LTD. Respondent(s)
O R D E R
Penalty of Rs.10,61,698/- imposed by the Reserve Bank of India for committing violation of provisions of the Reserve Bank of India Act, 1934 and Banking Regulation Act, 1949 was claimed as business expenditure by the respondent-Bank. The aforesaid amount was in respect of the assessment years 1984-85 to 1991-92 i.e. for 8 years.
It is clear from above that the total amount is Rs.10,00,000/- and odd that too relating to a period of 8 years.
Having regard to the pettiness of this amount, we are not inclined to consider the issue on merits. It is more so when learned counsel for the respondent has pointed out that against a similar kind of judgment passed in Commissioner of Income Tax, Trichur v. Signature Not Verified Digitally signed by Meenakshi Kohli Date: 2015.04.18 07:33:33 IST Reason: Catholic Syrian Bank Ltd in SLP (C) No. 23889/2003, the 1 same was dismissed by this Court on 04.04.2005.
Leaving the question of law open, the appeals are dismissed.
…....................J. [A.K. Sikri] …....................J. [Rohinton Fali Nariman] NEW DELHI APRIL 15, 2015 2 ITEM NO.108 COURT NO.13 SECTION IIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 6353-6360/2004 COMMNR. OF INCOME TAX, COCHIN Appellant(s) VERSUS DHANALEKSHMI BANK LTD. Respondent(s) (With office report) Date : 15/04/2015 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Appellant(s) Mr. Guru Krishna Kumar, Sr. Adv.
Mr. Arijit Prasad, Adv.
Ms. Rekha Pandey, Adv.
Mr. Prashant, Adv.
Ms. Gargi Khanna, Adv.
Ms. Anil Katiyar, Adv.
Mr. B. V. Balaram Das,Adv.
For Respondent(s) Mr. Sanjay Kunur, Adv.
Mr. Ramesh Keswani, Adv.
Mr. R. N. Keshwani,Adv.
UPON hearing the counsel the Court made the following O R D E R The civil appeals are dismissed in terms of the signed order.
(MEENAKSHI KOHLI) (SUMAN JAIN) COURT MASTER COURT MASTER
[Signed Order is placed on the file] 3