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TMI Blog2017 (12) TMI 1735X X X X Extracts X X X X X X X X Extracts X X X X ..... of the case are that the assessee engaged in the business of banking filed its return of income for the assessment year 2012-13 declaring the total income of Rs. 664,17,32,840/-. The case was selected for scrutiny and the AO issued notices, u/s 143 (2) and 142 (1) of the Act. The assessee filed revised return declaring the total income at Rs. 658,32,50,402/-. The AO completed the proceedings u/s 143 (3) determining the total income at Rs. 1017,93,29,520/- under normal provisions of Act and Rs. 1312,34,59,472/- under section 115JB of the Act. The AO made the following additions while computing the income of the assessee under the normal provisions of the Act:- 1. Addition on account of broken period interest Rs. 11,40,18,861/-. 2. Disal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decision in the assessee's own case for A.Y. 2006-07 & 2008-09, 2010-11 and 2011-12 in the assessee own case and also the decision of the Hon'ble ITAT in the case of Kurung Thai Bank PLC (ITA No. 3390/M/90) dated 30.09.2010 and Union Bank of India (ITA No. 4702/mum/2010). 2. On the facts and in the circumstances of the case and in law, the Ld. CIT (A) has erred in considering the broken period interest claimed by the assessee bank and accordingly deleted the addition made by the AO amounting Rs. 11,40,18,861/- relying on various judicial decisions and also the decision of the Hon'ble ITAT in the assessee's own case for A.Y. 2006-07 & 2008-09." 6. The Ld. Departmental Representative (DR) relied on the assessment order passed by the AO. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons of the appellant, the issue has been decided in favour of the appellant vide para 4.2 and 4.3 of Appeal No. CIT (A)-6/IT-26 & IT- 188/2013-14 dated 28.12.2015. The relevant portion of the order is reproduced hereunder for ready reference and clarity.:- 4.2 I have carefully considered the facts of the case and the submission made by the Ld. AR. I have also gone through the decisions relied upon by Ld. AR. It is seen from the details and various decisions that this issue has been decided in appellants favour by Hon'ble ITAT, Mumbai in appellant's own case in ITA No. 2337/M/2011 & ITA No. 2731/M/2011 dated 10.04.2013 for A.Y. 2006-07 and ITA No. 3676/M/2012 dated 09.04.2014 for A.Y. 2008-09. Further, as submitted by the Ld. AR, this issu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT 258 ITR 601 (Bom) and the decisions of the coordinate Benches rendered in appellant's own case ITA No. 2337/M/2011 dated 10.04.2013 for A.Y. 2006-07 and ITA NO. 3676/M/2012 dated 09.04.2014 for A.Y. 2008-09. The findings of Ld. CIT (A) read as under:- "5.2 I have carefully considered the facts of the case on the submission of appellant. I have also gone through the decisions relied upon by Ld. AR and the AO. It is seen that similar issue has come up for consideration in appellant's own case in the immediately preceding A.Ys. 2010-11 and 2011-12. After considering the facts of the case and submissions of the appellant, the issue has been decided in favour of the appellant vide para 5.3 of Appeal No. CIT (A)-6/IT-26 & IT- 188/2013-14 d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the Ld. CIT (A) has decided this issue by following the judgment of Hon'ble Supreme Court in the case of CIT vs. Citibank delivered in Civil Appeal No. 1549 of 2006 dated 12.08.2008 and the judgment of Hon'ble Bombay High Court in American Express International Banking Corporation (supra) and the decision of ITAT, Mumbai passed in the assessee's own case, ITA No. 2337/M/2011 dated 10/04/2013 for the A.Y. 2006-07 and ITA NO. 3676/M/2012 dated 09/04/2014 for the A.Y. 2008-09. Hence, we do not find any reason to interfere with the order passed by the Ld. CIT (A). Accordingly, we uphold the findings of the Ld. CIT (A) and dismiss this ground of appeal of the revenue. In the result, appeal filed by the revenue for assessment year 2012-2013 i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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