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2019 Supreme(Bom) 2457

AKIL KURESHI, SARANG V.KOTWAL
Pr. Commissioner Of Income Tax -5 – Appellant
Versus
Bajaj Finance Limited – Respondent


Advocates Appeared:
Mr. Tejveer Singh, Advocate, for the Appellant; Mr. Percy Pardiwalla, Sr. Counel a/w Ms. Vasanti Patel, Advocate, for the Respondent

JUDGMENT

Akil Kureshi, J. - These appeals involve similar issues. We may record facts from Income Tax Appeal No. 237 of 2017.

2. The appeal is filed by the Revenue to challenge the judgment of the Income Tax Appellate Tribunal ("the Tribunal" for short) raising following questions for our consideration:-

    "(i) Whether on the facts and circumstances of the case and in law, the Tribunal was correct in disregarding the judgment of the Hon''ble Supreme Court given in the case of Southern Technologies Ltd vs. Jt. CIT (2010) 34 DTR (SC) 11 : (2010) 320 ITR 577 (SC) which says that provisions of RBI Act cannot override the provision of Section 145 of the Income Tax Act, 1961, since both the Acts operate in different fields and therefore, assessee cannot recognize interest income on NPA and yet not offer it in Profit and Loss account?

    (ii) Whether on the facts and in the circumstances of the case and in law, the Tribunal was correct in deleting the disallowance of Rs. 71,13,261/- made by AO under section 14A r/w Rule 8D after treating the disallowance of Rs. 57,600/-offered by assessee as insufficient on the ground that the AO has not recorded the error in the offer of the assessee before in

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