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Issues: Interpretation of turnover or gross receipts for a banking company under section 37(3A) of the Income-tax Act.
Analysis: The judgment addressed the issue of determining turnover or gross receipts for a banking company under section 37(3A) of the Income-tax Act. The case involved an assessee-bank whose turnover was questioned by the Revenue concerning the disallowance of expenditure under section 37(3A)(i) of the Act. The court deliberated on the definition of "banking" as per the Banking Regulation Act, 1949, emphasizing the acceptance of deposits for lending or investment from the public. The court highlighted the distinction between turnover and gross receipts, stating that for a bank, gross receipts refer to the total amount received by the bank through deposits, excluding loans and advances made with those deposits. The judgment analyzed the introduction of section 37(3A) by the Finance Act, 1978, which specified the criteria for disallowing expenditure on advertisement, publicity, and sales promotion exceeding a certain threshold. The court examined the calculation method for determining the disallowance percentage based on adjusted expenditure and turnover or gross receipts. It was observed that the turnover concept, commonly associated with manufacturing and trading, might not be suitable for banking businesses due to the unique nature of banking operations. Furthermore, the court emphasized that loans and advances granted using deposits should not be considered part of gross receipts for a bank. The judgment highlighted the necessity of determining the actual amount received by the bank through deposits during the relevant period to ascertain the correct figure for gross receipts. As the available records did not provide this information, the matter was remitted to the Tribunal for further assessment. In conclusion, the court answered the reference question in the negative, directing the Tribunal to determine the total deposits received by the bank during the relevant year and decide the appropriate adjustment of expenditure on advertisement, sales promotion, and publicity under section 37(3A) accordingly. The judgment underscored the importance of accurately defining gross receipts for banking companies to ensure proper application of tax provisions.
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