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आयकर अपील य अ धकरण "ई" यायपीठ मुंबई म।

IN THE INCOME TAX APPELLATE TRIBUNAL "E" BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, AM AND SHRI RAM LAL NEGI, JM आयकर अपील सं./I.T.A. Nos. 6586 & 6587/Mum/2016 ( नधारण वष / Assessment Years: 2009-10 & 2010-11) Dy. CIT-1(3)(2), M/s. The Kunbi Sahakari Bank th Room No. 540, 5 Floor, Limited Aayakar Bhavan, M. K. Road, Abhilasha Shramik Co-op. Housing बनाम/ Mumbai-400 020 Society Ltd.

Vs. Ground Floor, Kingstone Tower, G. D. Ambedkar Marg, Kalachowki, Mumbai-400 033 थायी ले खा सं . /जीआइआर सं . /PAN/GIR No. AAAAT 0034 A (Revenue) : (Assessee) या ेपक सं./C.O. Nos. 108 & 109/Mum/2016 (Arising out of ITA Nos. 6586/Mum/2016 & 6587/Mum/2016) ( नधारण वष / Assessment Years: 2009-10 & 2010-11) M/s. The Kunbi Sahakari Bank Limited Dy. CIT-1(3)(2), Abhilasha Shramik Co-op. Housing Room No. 540, 5th Floor, Society Ltd. बनाम/ Aayakar Bhavan, M. K. Road, Ground Floor, Kingstone Tower, Vs. Mumbai-400 020 G. D. Ambedkar Marg, Kalachowki, Mumbai-400 033 थायी ले खा सं . /जीआइआर सं . /PAN/GIR No. AAAAT 0034 A (Cross Objector) : (Revenue) Revenue by : Shri V. Justin Assessee by : Shri Basant Jain सुनवाई क तार ख / : 02.05.2018 Date of Hearing घोषणा क तार ख / : 02.05.2018 Date of Pronouncement M/s. The Kunbi Sahakari Bank Limited आदे श / O R D E R Per Bench:

3. Upon the assessee's appeal, the ld. Commissioner of Income Tax (Appeals) has deleted the additions.

4. Against the above order, these appeals and cross objections have been filed before us.

5. At the outset, we note that the addition by the Assessing Officer for both the years are subject to appeal before the ld. Commissioner of Income Tax (Appeals) and the ld. Commissioner of Income Tax (Appeals) vide order dated 23.08.2013 has passed a common order. We have been informed by the parties that no appeal against M/s. The Kunbi Sahakari Bank Limited this order of the ld. Commissioner of Income Tax (Appeals) has been filed before the ITAT by either party. By this order, the ld. Commissioner of Income Tax (Appeals) has remitted the issue to the file of the Assessing Officer with certain directions. The order of the ld. Commissioner of Income Tax (Appeals) in this regard may be gainfully referred as under:

2.5 The first proviso to section 36(l)(viia) makes it clear that the appellant is entitled for further deduction of 5% of the doubtful assets or loss assets as classified and quantified in terms of the RBI guidelines. Accordingly, the M/s. The Kunbi Sahakari Bank Limited appellant is entitled to a further deduction of 5% of the 'doubtful assets' or 'loss assets' in each of the assessment years.

After allowing the deduction in terms of section 36(l)(viia) and the first proviso to section 36(l)(viia), the allowability of the balance amount u/s. 36(l)(vii) has been examined. In order to qualify for a deduction u/s. 36(l)(vii), the appellant has to follow the procedure of write off as provided in section 36(l)(vii) of the A The Hon'ble Supreme Court in the case of Catholic Syrian Bank Ltd. in Civil Appeal No. 1143 of 2011 has held as follows: