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Revenue filled appeal aginst order of ITAT on the following questions "Whether on the facts and in the circumstances of thecase, the Income Tax Appellate Tribunal was right in deleting the addition of Rs. 49,19,660/- made by the Assessing Officer being the amount of stale drafts not claimed for more than three years and the claim for which had become barred by limitation without applying the ratio of the Supreme Court's decision in thecaseof Commissioner of Income Tax Vs.T.V.Sundaram Iyengar & Sons Ltd.(222 ITR 344)? ” Held that assuch an addition cannot be made under section 41(1) of the Act, since the liability of the assessee-bank to pay back the amounts to the customers in respect of such stale demand drafts and pay orders does not cease in law. The Tribunal adverting to the above ruling has rightly deleted the sum of Rs. 58,38,581 added by the assessing authority by holding it as unsustainable in law. The Appeal filed by the Revenue deserves to be dismissed and is accordingly dismissed. No costs.

Shanti Prime Publication Pvt. Ltd.

Sec. 41 of Income Tax Act, 1961—Business Disallowance— Assessee was a bank, the sums were stated to be a credit balance standing in favour of customers of the company. Since these balances were not claimed by the customers, ITO added the amount as income of the assessee for the purpose of income tax assessment. The additions were deleted by the CIT(A) and this was upheld by the tribunal and rightly deleted the addition added by the assessing authority. Revenue filed an appeal against the order passed by the ITAT for the assessment year 2001-02 holding in favour of assessee  that the amount of stale Demand Drafts not claimed by customers and which had become barred by limitation cannot be treated as income of the Respondent Assessee Bank. The court did not find any reason to take a different view of the matter and in view of the aforesaid, court do not find any substantial question of law arising in the present case. Therefore, accordingly the question of law framed in the appeal was answered against the Revenue and in favour of the Assessee. --- CIT vs. CITY UNION BANK LIMITED. [2020] 23 ITCD Online 78 (MAD)

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