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Appeal not entertained but question of law left open as penalty levied on assessee bank by RBI for violation of provisions RBI of India Act and Banking Regulation Act was deductible or not u/s 37 - Commissioner of Income Tax v. Dhanlakshami Bank Ltd.

SUPREME COURT OF INDIA

 

Civil Appeal Nos. 6353 6360 of 2004.

 

COMMISSIONER OF INCOME-TAX ............................................................Appellant.
V
DHANALEKSHMI BANK LTD. ......................................................................Respondent

 

A. K. SIKRI AND ROHINTON FALI NARIMAN, JJ.

 
Date : April 15, 2015
 
Appearances

Guru Krishna Kumar, Senior Advocate (Arijit Prasad, Ms. Rekha Pandey, Prashant,Ms. Gargi Khanna, Mrs. Anil Katiyar and B. V. Balaram Das, Advocates, with him) for the appellant
 Sanjay Kunur, Ramesh Keswani and R. N. Keshwani, Advocates, for the respondent


Section 37 of the Income Tax Act, 1961 — Business Expenditure — Appeal not entertained but question of law left open as penalty levied on assessee bank by RBI for violation of provisions RBI of India Act and Banking Regulation Act was deductible or not u/s 37 — Commissioner of Income Tax v. Dhanlakshami Bank Ltd.


ORDER


1. Penalty of Rs. 10,61,698 imposed by the Reserve Bank of India for committing violation of provisions of the Reserve Bank of India Act, 1934, and the Banking Regulation Act, 1949, was claimed as business expenditure by the respondent-bank. The aforesaid amount was in respect of the assessment years 1984-85 to 1991-92, i.e., for 8 years.

2. It is clear from above that the total amount is Rs. 10,00,000 and odd that too relating to a period of 8 years.

3. Having regard to the pettiness of this amount, we are not inclined to consider the issue on the merits. It is more so when learned counsel for the respondent has pointed out that against a similar kind of judgment passed in CIT v. Catholic Syrian Bank Ltd. in SLP (C) No. 23889 of 2003, the same was dismissed by this court on April 4, 2005. Leaving the question of law open, the appeals are dismissed.

 

[2015] 373 ITR 526 (SC)

 
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