2002 (11) TMI 779 - HC - Income Tax

Summary

Issues Involved:
1. Scope and ambit of the proviso to clause (vii) of sub-section (1) of section 36 of the Income-tax Act, 1961.

Summary:

Issue 1: Scope and Ambit of the Proviso to Clause (vii) of Sub-section (1) of Section 36 of the Income-tax Act, 1961

The appeals concern the interpretation of the proviso to clause (vii) of sub-section (1) of section 36 of the Income-tax Act, 1961. The appellants, all scheduled banks, claimed deductions u/s 36(1)(vii) and u/s 36(1)(viia) for various assessment years. The dispute centers on the computation of benefits under clause (vii).

The court examined the relevant provisions of section 36, noting that section 36(1)(vii) refers to section 36(2) and section 36(1)(viia). The proviso to clause (vii) and clause (v) of section 36(2) were introduced simultaneously by the Finance Act, 1985. Clause (viia) was initially inserted by Act 21/1979 and later amended by subsequent Acts.

Before the 1985 amendment, section 36(1)(vii) allowed deduction for any debt established as bad in the previous year, subject to section 36(2). Post-amendment, the proviso limited the deduction for banks to the amount exceeding the credit balance in the provision for bad and doubtful debts account made u/s 36(1)(viia). Clause (v) of section 36(2) requires banks to debit the amount of such debt to the provision for bad and doubtful debts account.

The court clarified that the proviso to clause (vii) aims to prevent double benefits for scheduled banks. It limits the deduction to the difference between the bad debt written off and the provision made u/s 36(1)(viia). The court emphasized that the deduction under clause (vii) is subject to the conditions in section 36(2), particularly clause (v) for scheduled banks.

The court disagreed with the Tribunal's interpretation, which did not distinguish between urban and rural advances. The correct interpretation, according to the court, is that the proviso limits the deduction only for debts for which provision is made u/s 36(1)(viia). Debts not covered by such provision fall under the main part of clause (vii) and are fully deductible.

The court set aside the Tribunal's orders and directed the Assessing Officer to re-compute the deductions in light of this interpretation. The appeals were disposed of accordingly.