TMI Blog2015 (3) TMI 1324X X X X Extracts X X X X X X X X Extracts X X X X ..... the disallowance representing amortization of premium paid on Government Securities under the HTM category. - decided against revenue - ITA No.298/PN/2014 - - - Dated:- 30-3-2015 - SHRI G.S. PANNU, ACCOUNTANT MEMBER AND MS. SUSHMA CHOWLA, JUDICIAL MEMBER For the Appellant : Shri Rajesh Damor For the Respondent : Shri C. H. Naniwadekar ORDER PER G. S. PANNU, AM The captioned appeal by the Revenue is directed against an order of the Commissioner of Income Tax (Appeals)-IT/TP, Pune dated 18.11.2013 which, in turn, has arisen from an order dated 20.10.2010 passed by the Assessing Officer u/s 143(3) of the Income-tax Act, 1961 (in short the Act ) pertaining to the assessment year 2008-09. 2. In this appeal, the so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r issue of allowability or deduction on account of amortization of premium expenditure for HTM securities arose before Pune Bench of the Tribunal in assessee s own case in ITA No.1795/PN/2013 relating to assessment year 2008-09 vide order dated 22.09.2014 wherein, it was held as under:- 2.1 The only issue remains is with regard to disallowance made by the Assessing Officer of ₹ 2,20,68,302/- claimed by the assessee as amortization of premium expenditure for HTM securities by payment of over and above the value of such securities. The learned Authorized Representative has pointed out that this issue is covered in favour of the assessee by order of the Hon ble Bombay High Court in the case of CIT Vs. HDFC Bank Ltd. (2014) 366 ITR 50 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he benefit of deduction u/s.80P(2)(a)(i) from this total income. However, the cooperative society should now be entitled to be assessed as normal banking company. The clause (4) inserted in section 80P has taken away the benefit of the erstwhile deduction available to cooperative society in carrying on business of banking or providing credit facility to its members. The new clause (4) inserted by the Finance Act, 2006 w.e.f. 01-04-2007 reads as under: The provision of the section was not in relation to any cooperative bank other than agricultural credit society or primary cooperative agricultural and rural development bank . 5. The intention of the provision may be derived more precisely from relevant Para 166 of the budget speech w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tment portfolio of the banks is required to be classified under 3 categories viz., Held the maturity HTM), Held for Trading (HFT) and Available for Sale (AFS). The value of each kind of investment is to be done in the following manner: Sr.No. Classification Valuation Norms of Investment. 1 .. 2 .. 3 .. 7. In para (vii) of the CBDT Instruction No.17 of 2008 dated 26.11.2008, on 'Assessment of Bank - check list for deduction, states as under: As per RBI guidelines .. 8. The ITAT, Mumbai Bench, in the case of ACIT vs. The Bank of Rajasthan Ltd. (2011) TIOL- 35-ITAT-Mumbai, has held that in case of banks, the premium paid in excess of face value of investments classified under HTM category which has been amortised ove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments classified under HTM category which has been amortised over the period till maturity is allowable as revenue expenditure since the claim is as per RBI Guidelines and CBDT also has directed to allow such premium. In view of above, the assessee is justified in contending that the amortization of premium in excess of face value securities as HTM, period remaining difference was found reasonable. Accordingly, the disallowance of ₹ 2,20,68,302/- made by the Assessing Officer claimed as amortization of premium expenditure for HTM securities by payment of premium over and above the face value of such securities is directed to be allowed. 11. The Hon ble Bombay High Court in CIT Vs. HDFC Bank (supra) held that the assessee therein w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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