9911796707
TMI Blog2012 (7) TMI 330X X X X Extracts X X X X X X X X Extracts X X X X ..... n figure as per Census 1991 and not the latest and prevalent Census 2001. Ld. AR placed on record the order of I.T.A.T., Chandigarh Bench dated 30.3.2011 in case of State Bank of Patiala wherein similar issue was decided. On the other hand, learned CIT DR Shri Darshan Singhji submitted that I.T.A.T. in assessee's own case in assessment year 2004-05 dated 12.4.2010 set aside this issue to the file of Assessing Officer for deciding afresh as per law. 3. Rival contentions have been heard and record perused. In the course of assessment, the Assessing Officer has declined the claim of the assessee for deduction u/s 36(1)(viia) of the Act in respect of advances made by the rural branches which was classified by the assessee on the basis of 1991 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch admittedly are released within one month. Vide letter dated 21.7.2001 only provisional results for Census 2001 were published upto town level and no data was released at village level. The final population figures were released in December, 2003 as per communication dated 10.5.2008 and 31.5.2006. In the above said facts and circumstances, we hold that a bank for preparing the list of rural branches as on 1.4.2002 having population less than 10000 had to rely upon the figures of Census 1991, as the figures of Census 2001 were released in December, 2003 and hence were not available before the first day of p[revious eyhar i.e. both on 01.4.2002 and also on 1.4.2003. Accordingly, we direct the A.O. to compute the deduction u/s 36(1)(viia) af ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich was not available in the public domain as on the first day of the relevant assessment years under consideration. Accordingly, the matter is restored to the file of the Assessing Officer. 6. As we have already decided the main issue in favour of the assessee in terms indicated hereinabove, we are not deliberating upon the legal ground raised with reference to reopening of assessment u/s 147 and additional ground raised by the assessee in the assessment year 2003-04, during the course of hearing before us. 7. Before parting with the matter it is pertinent to mention that in the set aside proceedings for A.Y. 2004- 05 wherein Tribunal has restored the matter back to the file of the Assessing Officer, vide order dated 30.12.2011 passed u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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