Income Tax Appellate Tribunal - Ahmedabad
Vijay Co.Operative Bank Ltd., , ... vs Acit(Osd), Circle-10,, Ahmedabad on 15 February, 2017
IN THE INCOME TAX APPELLATE TRIBUNAL
AHMEDABAD "B" BENCH
(BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER
& SHRI MAHAVIR PRASAD, JUDICIAL MEMBER)
ITA. No: 1213/AHD/2014
(Assessment Year: 2010-11)
The Vijay Co-operative V/S ACIT (OSD), Circle-10,
Bank Ltd. "nobles', Ahmedabad
Ground Floor, Nehru
Bridge end, Ashram Road,
Ahmedabad-380009
(Appellant) (Respondent)
PAN: AAAJT0217C
Appellant by : Shri Vivek Chavda, AR
Respondent by : Shri James Kurian, Sr. D.R.
(आदे श)/ORDER
Date of hearing : 13 -02-2017
Date of Pronouncement : 15 -02-2017
PER N.K. BILLAIYA, ACCOUNTANT MEMBER:
1. This appeal by the Assessee is preferred against the order of the Ld. CIT(A)- XVI, Ahmedabad dated 04.02.2014 pertaining to A.Y. 2010-11.
2 ITA No. 1213/Ahd/2014. A.Y. 2010-11
2. The sum and substance of the grievance of the assessee is that the ld. CIT(A) erred in confirming the addition of Rs. 5,70,535/- as accrued interest on NPAs.
3. The assessee is a Co-operative Bank engaged in banking related activities. The assessment was completed u/s. 143(3) of the Act vide order dated 27.12.2012. The only addition made to the returned income was on account of accrued interest on NPAs.
4. This issue is no more res integra. The Hon'ble Jurisdictional High Court has decided this issue in favour of the assessee and against the revenue in the case of Shri Mahila Sewa Sahakari Bank Ltd. in Tax Appeal No. 531 of 2015 289 CTR 225 wherein the Hon'ble High Court has held that Co-operative bank is also a banking company; not liable to pay tax on NPA interest on accrual basis in view of RBI norms relating to income recognition and assets classification.
5. The Hon'ble High Court further held that it would be RBI Directions which would prevail in view of provisions of section 45Q of RBI Act and Section 145 would have no role to play. Therefore, in view of the mandate of RBI guidelines, assessee could not have recognized income from non- performing assets on accrual basis but could have booked such income only then it was actually received. Therefore, interest on NPAs would not be taxable on accrual basis in assessee's hands.
3 ITA No. 1213/Ahd/2014. A.Y. 2010-11
6. Respectfully following the aforementioned ruling of the Hon'ble Jurisdictional High Court, we set aside the findings of the ld. CIT(A) and direct the A.O. to delete the impugned addition.
7. In the result, the appeal filed by the Assessee is allowed.
Order pronounced in Open Court on 15 - 02- 2017
Sd/- Sd/-
(MAHAVIR PRASAD) (N. K. BILLAIYA)
JUDICIAL MEMBER True Copy ACCOUNTANT MEMBER
Ahmedabad: Dated 15/02/2017
Rajesh
Copy of the Order forwarded to:-
1. The Appellant.
2. The Respondent.
3. The CIT (Appeals) -
4. The CIT concerned.
5. The DR., ITAT, Ahmedabad.
6. Guard File.
By ORDER
Deputy/Asstt.Registrar
ITAT,Ahmedabad