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2018 (4) TMI 523

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..... eduction under Section 36(1)(viia) - Held that:- The impugned order rejected the Revenue's grievance by holding that, withdrawing the claim under Section 36(1)(viia) of the Act and making an additional claim of bad debt under Section 36(vii) of the Act by letter dated 13th August, 2012 had subsequently been withdrawn during the course of assessment proceedings. Thus, it held that withdrawal of the .....

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..... es the following question of law, for our consideration: (1) Whether on the facts and in the circumstance of the case and in law, the Tribunal was correct in law in holding that the broken period interest is allowable as a deduction inspite of the Hon'ble S.C. decision in the case of Commissioner of Income Tax vs. Vijaya Bank (187 ITR 541) and the Rajasthan H.C. decision in the case of Ba .....

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..... N NO.1 (a) It is an agreed position between the parties that, this issue stands concluded against the Revenue and in favour of the respondent-assessee by the decision of this Court in Principal Commissioner of Income- Tax-2 V/s. M/s. HDFC Bank Ltd. (Income Tax Appeal No. 1252 of 2015) rendered on 29th November, 2017. (b). The above order dismissed the Revenue's Appeal on the ground that .....

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..... Act and making an additional claim of bad debt under Section 36(vii) of the Act by letter dated 13th August, 2012 had subsequently been withdrawn during the course of assessment proceedings. Thus, it held that withdrawal of the letter dated 13th August, 2012 would consequently result in the same being not taken cognizance of in assessing the respondent-assessee. (c). The Revenue has not made a .....

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