2010 (3) TMI 1156 - AT - Income Tax

Summary

Issues involved: Dismissal of Revenue's appeal due to lack of approval from Committee on Disputes (COD) u/s public sector undertaking regulations, disallowance of depreciation in securities held by bank as stock-in-trade, disallowance of unrealized interest on NPAs, and disallowance of prior period expenses.

Revenue's Appeal:
The appeal was dismissed as approval from the Committee on Disputes was not obtained, which is mandatory u/s public sector undertaking regulations. The Revenue was given the option to request a recall of the order if approval is later received.

Assessee's Appeal - Disallowance of Depreciation:
The grounds of appeal focused on disallowance of depreciation in securities held as stock-in-trade. The Tribunal decided in favor of the assessee based on a previous decision in the assessee's own case for the assessment year 2003-04.

Assessee's Appeal - Disallowance of Unrealized Interest on NPAs:
The grounds of appeal related to disallowance of unrealized interest on NPAs. The Tribunal ruled in favor of the assessee based on a previous decision in the assessee's own case for the assessment year 2003-04.

Assessee's Appeal - Disallowance of Prior Period Expenses:
The grounds focused on the disallowance of prior period expenses. The Tribunal decided in favor of the assessee based on a previous decision in the assessee's own case for the assessment year 2003-04.

Assessee's Appeal - Other Disallowed Grounds:
Some grounds related to provisions under Section 36(1)(viia) and Section 115JB of the Income Tax Act 1961 were not pressed by the assessee during the hearing and were rejected as not pressed.

In conclusion, the Revenue's appeal was dismissed due to lack of COD approval, while the assessee's appeal was partly allowed based on the Tribunal's decisions in favor of the assessee on the issues of disallowance of depreciation, unrealized interest on NPAs, and prior period expenses.