9911796707
TMI Blog2021 (10) TMI 609X X X X Extracts X X X X X X X X Extracts X X X X ..... . Gulshan Mercantile Urban Cooperative Bank Ltd., New Mandi, Muzaffarnagar (hereinafter referred to as 'assessee') by filing the aforesaid appeals sought to set aside the impugned orders dated 30.06.2017, 06.01.2017, 30.06.2017 & 30.03.2018 for A.Y. 2009-10, 2012-13, 2014-15 & 2015-16 respectively on the identical grounds, except difference in figures of additions, inter alia that:- ITA No. 2166/Del/2017, A.Y. 2012-13 "1. The Ld. CIT(A) has erred in confirming the order of the AO to the extent of confirming most of the additions made by the AO making the assessment at the income of Rs. 1,18,31,749/- as against the returned income of Rs. 1,05,53,330/-. 2. The Ld. CIT(A) has erred in confirming the addition of Rs. 228478 on acco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bank as dividend from UP Cooperative Federation being not allowable u/s. 80-P(4) for A.Y. 2009-10, 2012-13, 2014-15 & 2015-16. 5. Assessing Officer made addition of Rs. 3,29,241/- on account of interest in respect of the alleged NPAs assets in A.Y. 2012-13 on the ground that no evidence has been brought on record by the assessee bank to prove that the same has become NPA. 6. Assessing Officer made disallowance of Rs. 10,000/- debited by the assessee in P/L Account on account of provision for FBT being not allowable u/s. 40ic of the Act for A.Y. 2009-10. Assessing Officer also made addition of Rs. 1,50,000/- by invoking provisions u/s. 14A by way of disallowance for earning exempt dividend income. Consequently, Assessing Officer framed ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... approved by Pr. Commissioner of Income Tax, Muzaffarnagar. 12. It is undisputed fact on record that out of amount of Rs. 2,17,246/- the appellant has paid Rs. 1,62,441/- to one of the employee on his retirement being deductible u/s. 37 of the Act. 13. It is also not in dispute that such deductions as claimed by the assessee company is allowable only when the payment is made on behalf of approved fund. Ld. AR for the assessee challenging the impugned order contended inter alia that assessee bank has moved an application to the Pr. Commissioner of Income Tax on 02-01-2009 available at page 26 to 28 of PB who has granted approval with effect from 01.05.2017; that approval was required to be granted from the date of application to be applicab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 012-13, GROUND NO. 4 OF ITA No. 5482/Del/2017 for A.Y. 2014-15, GROUND NO. 3 OF ITA No. 3982/Del/2018 for A.Y. 2015-16 17. Aforesaid ground has been raised by the assessee on the identical issue challenging the addition of Rs. 62,315/-, Rs. 32,00, Rs. 32,00/- & 32,00/- A.Y. 2009-10, 2012-13, 2014-15 & 2015-16 respectively by way of disallowance on account of dividend received by the assessee bank from UP Cooperative Federation u/s. 80P(4) of the Act. 18. Undisputedly, assessee bank has received dividend income for the years under consideration from the investment made with UP Cooperative Federation. It is also not in dispute that assessee bank is a cooperative bank registered with Reserve Bank of India. When we peruse the provisions conta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on to support the grounds of appeal that the loans have been categorized as NPA in accordance with the guidelines of the R.B.I. The reliance of the appellant upon different decisions of the Hon'ble Tribunals as mentioned in the submission does not help the case of the appellant as the appellant has failed to show that the loans have been categorized as NPA after following the guidelines of R.B.I. In the circumstances it is held that the AO was justified to make addition of Rs. 3,29,241/-. The same is hereby confirmed. Ground of appeal No. 14 is dismissed". 21. Perusal of the findings returned by Ld. CIT(A) shows that the assessee has failed to bring on record the evidence to prove the fact that the loans have been categorized as NPA as ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
