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2018 (11) TMI 1784 - AT - Income TaxMAT u/s. 115JB - Addition made on account of MAT proceedings - HELD THAT:- As decided in own case [2016 (1) TMI 135 - ITAT KOLKATA] provisions of section 115JB are not applicable in the case of the assessee bank and further held that the amendment brought in section 115JB read with Explanation 3 thereon by the Finance Act 2012 is applicable only with effect from Asst Year 2013-14 onwards in line with the Notes to Clauses of Finance Act 2012 . - Decided in favour of assessee. Disallowance of expenses - HELD THAT:- Heard both and perused the material available on record. We find that the CIT(A) by following Rule of Consistency as followed in assessee’s own case for AY 2011-12 deleted the addition. Disallowance made on account of ATM machine charges - HELD THAT:- As decided in own case we find that the issuance of ATM Cum Debit Cards to the customers of the assessee bank is part of the business activity of the assessee and there is no enduring benefit to the assessee out of incurring this expenditure. CIT(A) had observed that in the past the department had been accepting this expenditure as a revenue expenditure and we find no change in facts and circumstances of the case for the year under appeal with regard to the impugned issue warranting the department to take Cl different stand. Though the principle of res judicata does not apply to income tax proceedings, in our opinion the principle of consistency cannot be given a go bye. Reliance in this regard is placed en the decision of the Hon'ble Apex Court in the case of Radhasaomi Satsang [1991 (11) TMI 2 - SUPREME COURT]. Hence, we find no infirmity in the" order of the Ld. CIT (A). Addition u/s 14A r.w.r. 8D - HELD THAT:- We find that the CIT(A) correctly by placing reliance in the order of this Tribunal in assessee’s own case for AY 2009-10 [2016 (1) TMI 135 - ITAT KOLKATA]deleted the disallowance made under Rule 8D(2)(ii) and confirmed the disallowance made under Rule 8D(2)(iii) - Decided against revenue
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