2017 (9) TMI 1839 - AT - Income Tax

Disallowance of Provision against Bank s Debtors as the same has been made as per RBI guidelines - HELD THAT - It is pointed out by the assessee that this is a Scheduled Bank. This fact is not rebutted by the Revenue by placing any contrary material on record. Therefore respectfully following the decision of the Co-ordinate Bench M/S NAGAUR URBAN CO-OPERATIVE 2013 (11) TMI 1696 - ITAT JODHPUR we hereby direct the AO to delete the disallowance. Thus this ground of the assessee s appeal is allowed.

Summary

Issues:
Appeal against order of Ld. CIT(A) regarding disallowance of provision against Bank's Debtors as per RBI guidelines.

Analysis:
1. The Assessee's appeal challenged the Ld. CIT(A)'s decision confirming the addition of ?1,93,30,000/- for provision against Bank's Debtors, made as per RBI guidelines. The Assessing Officer had also disallowed amounts for SFF assets and depreciation on UPS, which were partly allowed by Ld. CIT(A).

2. The main issue revolved around the disallowance of ?1,93,30,000/- for provision against Bank's Debtors. The Ld. CIT(A) upheld the disallowance citing Section 36(1)(vii) of the Income Tax Act, stating that the provision for 'standard assets' did not qualify as a provision for bad and doubtful debts, thus not eligible for deduction under the said section.

3. The Assessee contended that the issue was similar to a case decided by a Coordinate Bench involving a Co-operative Bank, where the provision for bad and doubtful debts was created under the nomenclature 'Reserves for NPA' as per RBI directions. The Tribunal in that case allowed the provision as it fulfilled the purpose of creating a reserve toward bad and doubtful debts, aligning with RBI guidelines.

4. The Tribunal in the present case, considering the identical facts and circumstances, directed the Assessing Officer to delete the disallowance of ?1,93,30,000/- following the decision of the Coordinate Bench. It emphasized that the Assessee being a Scheduled Bank, and no contrary material presented by the Revenue, the disallowance was unjustified. Consequently, the appeal of the Assessee was allowed.

5. The judgment highlighted the importance of aligning provisions with RBI guidelines and ensuring that the purpose behind creating reserves for bad and doubtful debts is met to claim deductions under relevant sections of the Income Tax Act. The decision underlined the significance of consistency in applying legal principles to similar cases for fair and just outcomes.