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Gour Gamin Bank (Presently merged with Bangiya Gramin Vikash Bank) Vs. Deputy Commissioner of Income-tax

Case No: ITA No. 305/Kol/2012 & ITA No. 320/Kol/2012
Court: Income Tax Appellate Tribunal, Kolkata
Date: 31 Mar 2014

Parties Involved

appellantGour Gamin Bank (Presently merged with Bangiya Gramin Vikash Bank)
respondentDeputy Commissioner of Income-tax

Facts Summary

The case involves two cross appeals by the assessee and the revenue arising from the order of the Commissioner of Income Tax (Appeals) in Appeal No. 942/CIT(A)-XXXVI/Kol/Cir-MSD/09-10 dated 27.12.2011. The assessee, Gour Gamin Bank, challenged the order of the Commissioner of Income Tax (Appeals) in confirming the action of the Assessing Officer in not allowing provisions for gratuity, leave encashment, and bad and doubtful debts. The revenue appealed against the order of the Commissioner of Income Tax (Appeals) deleting the disallowance of deduction under section 80P of the Income-tax Act, 1961 in respect of receipts of interest on non-SLR funds.…

Decision in favour of

Partly Assessee / Partly Revenue

Legal Issues

  • 1. Whether the order of the Commissioner of Income Tax (Appeals) in not allowing provisions for gratuity, leave encashment, and bad and doubtful debts is arbitrary, unjustified, and illegal.
  • 2. Whether the assessee is eligible for deduction under section 80P of the Act on interest earned on non-SLR funds.

Judgment Outcome

Decided in favour of Partly Assessee / Partly Revenue.

Precedents Relied Upon

4 precedents cited in this judgement.

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