2013 (11) TMI 1584 - AT - Income Tax

Amortization premium paid on Govt. Securities - Held that - We hold that disallowance of expenses under head amortization of premium paid to Govt. Securities debited to Profit and Loss Account are not justified the amortization of premium paid on Govt. Securities be allowed as claimed by assessee Assessing Officer is directed accordingly. Depreciation on securities held by bank as stock entry is directed to be allowed. Addition made on account of suspense account balance - Held that - The balance in suspense account represents various sums which remain payable at the end of the year which was paid or payable on demand by customers so addition was not warranted. Accordingly same be deleted. Learned Authorized Representative submitted that he is ready to justify its claim as per law for which no opportunity was given by lower authorities. In view of this we restore this issue to Assessing Officer with a direction to decide the same on facts and law after providing due opportunity of hearing.

Summary

Issues:
1. Disallowance of amortization of premium paid on Govt. Securities
2. Disallowance of provision for depreciation on Govt. Securities
3. Addition made on account of Suspense account balance

Analysis:

Issue 1: Disallowance of amortization of premium paid on Govt. Securities
The first issue revolves around the disallowance of amortization of premium paid on Govt. Securities. The Assessing Officer disallowed &8377;15,11,333 debited to the Profit & Loss Account. The Appellate Tribunal, Pune, cited previous judgments favoring the assessee's claim. It was highlighted that the loss on sale of securities is revenue in nature and thus allowable. The Tribunal set aside the CIT(A)'s order and allowed the claim of the assessee. The Tribunal directed the Assessing Officer to allow the amortization of premium paid on Govt. Securities as claimed by the assessee.

Issue 2: Disallowance of provision for depreciation on Govt. Securities
The second issue concerns the disallowance of provision for depreciation on Govt. Securities amounting to &8377;51,06,000 debited to the Profit & Loss Account as per RBI guidelines. The decision in the case of State of Saurashtra Vs. Dy. CIT, Ahmedabad A Bench supported the assessee's position. It was established that such investments in securities are closely connected with the banking business. The Tribunal directed the allowance of depreciation on securities held by the bank as stock entry.

Issue 3: Addition made on account of Suspense account balance
The final issue pertains to the addition made by the Assessing Officer on account of a suspense account balance of &8377;16,11,421. The Assessing Officer added this amount under section 41(1) of the Income Tax Act, which was confirmed by the CIT(A). The Appellate Tribunal noted that the balance in the suspense account represents sums payable by customers, and the addition was deemed unwarranted. The Tribunal restored this issue to the Assessing Officer with a directive to decide based on facts and law after providing a due opportunity of hearing.

In conclusion, the appeal filed by the assessee was partly allowed by the Appellate Tribunal, Pune, on various grounds related to the disallowances and additions made by the Assessing Officer. The Tribunal provided detailed reasoning and legal precedents to support its decisions on each issue.