COMMISSIONER OF INCOME TAX, MADRAS vs RAMANATHAPURAM DISTRICT COOPERATIVE CENTRAL BANK LIMITED

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2001 Supreme(SC) 1501

Y.K.SABHARWAL, BRIJESH KUMAR, S.P.BHARUCHA
COMMISSIONER OF INCOME TAX, MADRAS – Appellant
Versus
RAMANATHAPURAM DISTRICT COOPERATIVE CENTRAL BANK LIMITED – Respondent

Advocates Appeared:
R.P. Bhatt, Senior Advocate (Preetesh Kapur, BV Balaram Das and Ms Sushma Suri, Advocates) for the Appellant;
R. Venkataraman, Senior Advocate (V. Prabhakar and Ms Revathy Raghavan, Advocates) for the Respondent.

JUDGMENT

1. The High Court has answered against the Revenue, the following question:

"Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in law in holding that the interest on securities, subsidies received from the Government and dividend business income of the assessee is entitled to deduction under Section 80-P(2)(a)(i) of the Income Tax Act, 19611"

The very question was considered by this Court in CIT v. Karnataka State Coop. Apex Bank and the conclusion was reiterated in Mehsana District Central Coop. Bank Ltd. v. ITO.

2. It is now contended on behalf of the Revenue that the decision of this Court in United Commercial Bank Ltd. v. CIT3 was not considered.

3. We do not think that it is open to the Revenue to urge, through different counsel, the same thing again and again. We are satisfied that the answer to the question has been correctly given in the decisions aforementioned and in the order under appeal.

4. The civil appeals are dismissed with costs.

Click Here to Read the rest of this document