TMI Blog2015 (1) TMI 1328X X X X Extracts X X X X X X X X Extracts X X X X ..... fies the requirements of the rural branch and consequently assessee would not be entitled to the benefit granted to the rural branches. The publication of the final population total is only a formality. If after provisional population total shows more than 10,000 and in the final population total figure shown is less than 10,000 then it will make difference. But in both the provisional population total and the final population total if figure is mentioned above 10,000 it makes no different in the instant case. It is not the case of the assessee though the provisional figure mentioned is above 10,000 and in the final population total it has gone below 10,000. Therefore, provisional population total cannot be acted and in that view of the matter the Tribunal was justified in upholding the order passed by the assessing authority where they have acted on the Census figures of 2001 as reflected in the provisional population totals and denied the benefit to the assessee. We do not find any error committed by the authorities. In that view of the matter, the substantial question of law is answered in favour of the revenue and against the assessee. - INCOME TAX APPEAL Nos.6-7/2009 - - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earing for the assessee contended that the words published before the first day of the previous year contained in Explanation 1(a) to Section 36(viia) is to be understood as publication of final population totals by the Census Department and not the provisional population totals. The final publication of the population total was made on December 2013 i.e. subsequent to the first day of the previous year and therefore, the authories were not justified in making that as the basis for framing assessment for the assessment years 2003-2004 and 2004-2005. 5. Per contra, the learned counsel appearing for the revenue submitted that the words used as 'published' makes no difference between the provisional population total published and the final population published, as the sole object of the publication is to find out the population as per the last preceding Census and therefore, he submits the impugned orders cannot be found fault with. 6. The facts are not in dispute, which are concerned with the assessment for the assessment years 2003-2004 and 2004-2005. The first day of the previous year for these assessment years would be 01-04-2002 and 01-04-2003. For the purpose of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rural branches of such bank computed in the prescribed manner: [Provided that a scheduled bank or a non-scheduled bank referred to in this sub-clause shall, at its option, be allowed in any of the relevant assessment years, deduction in respect of any provision made by it for any assets classified by the Reserve Bank of India as doubtful assets or loss assets in accordance with the guidelines issued by it in this behalf, for an amount not exceeding five per cent of the amount of such assets shown in the books of account of the bank on the last day of the previous year:] [Provided further that for the relevant assessment years commencing on or after the 1st day of April, 2003 and ending before the 1st day of April, 2005, the provisions of the first proviso shall have effect as if for the words five per cent , the words ten per cent had been substituted:] [Provided also that a scheduled bank or a non-scheduled bank referred to in this sub-clause shall, at its option, be allowed a further deduction in excess of the limits specified in the foregoing provisions, for an amount not exceeding the income derived from redemption of securities in accordance with a scheme fram ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... then interpret with the word rural branch. The word used is 'published' before the first day of previous year. If in the Census it is found that the population of a particular village has crossed 10,000 then the scheduled Bank pertains to that village would not be entitled to the deduction of 10,000 to the aggregate average advances towards bad and doubtful debts. The Census figure would be available with the Census Department. It is not possible for the common man or the bank to know what is the Census figure. Therefore, the said provision stipulates that Census figure has to be published. Therefore, it is only after publication of the Census figures one may be able to decide whether it is a rural branch as defined under the Act or not. The last stipulated population necessarily would be with reference to particular date. That day is also prescribed as that date before first day of the previous year. Once the publication of census is made before the first day of the previous year, then the said information is in public domain. Therefore, on that basis one could find whether a branch is a rural branch or not. It is no doubt true that the Census Department initially publish ..... X X X X Extracts X X X X X X X X Extracts X X X X
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