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2019 (1) TMI 475 - HC - Income TaxDepreciation on valuation of investment portfolio - treating the investments held by the assessee bank as stock-in-trade once the RBI Master Circular read with CBDT Circular No.665 came into force - Held that - This Court in the case of KARNATAKA BANK LIMITED VS. ASSISTANT COMMISSIONER OF INCOME TAX (2013 (7) TMI 656 - KARNATAKA HIGH COURT), wherein the very same questions of law were answered in favour of the assessee and against the revenue. Addition representing expenditure relating to earning of exempt income u/s 14A(1) - Held that - Issue covered by the judgment of this Court in the case of COMMISSIONER OF INCOME TAX vs. KARNATAKA BANK LIMITED 2014 (11) TMI 179 - KARNATAKA HIGH COURT wherein the very same question of law was answered in favour of the assessee and against the revenue Addition representing excess claim of bad debts written off under Section-36(1)(vii) exceeding the credit balance of the provision made u/s 36(1)(viia) - Held that - Issue covered by the judgment of this Court in the case of COMMISSIONER OF INCOME TAX vs. KARNATAKA BANK LIMITED 2014 (11) TMI 1192 - KARNATAKA HIGH COURT in favour of assessee.
Issues:
1. Depreciation on valuation of investment portfolio 2. Expenditure relating to earning of exempt income 3. Excess claim of bad debts written off 4. Justification of Tribunal's decision on depreciation of investment portfolio Analysis: Issue 1: Depreciation on valuation of investment portfolio The Tribunal held that depreciation on the valuation of the investment portfolio is allowable by treating the investments as stock-in-trade, following the RBI Master Circular and CBDT Circular No. 665. The High Court, in a previous judgment involving KARNATAKA BANK LIMITED, had ruled in favor of the assessee on similar grounds. Therefore, the substantial question of law regarding this issue was answered in favor of the assessee based on the precedent set by the earlier judgment. Issue 2: Expenditure relating to earning of exempt income The Tribunal had deleted the addition representing expenditure related to earning exempt income, disregarding the provisions of Section 14A(1) of the Act. However, in a previous case involving KARNATAKA BANK LIMITED, the High Court had ruled in favor of the assessee on the same issue. Therefore, the substantial question of law regarding this issue was answered in favor of the assessee based on the precedent established by the earlier judgment. Issue 3: Excess claim of bad debts written off The Tribunal had deleted the addition representing the excess claim of bad debts written off, which exceeded the credit balance of the provision made under Section 36(1)(viia) of the Act. The matter was remanded to the Assessing Officer for a fresh consideration based on a previous order in the assessee's own case. The substantial question of law regarding this issue was remanded for fresh consideration by the Assessing Officer following the previous judgment. Issue 4: Tribunal's decision justification The Tribunal's decision to dismiss the appeal by the revenue was based on the allowance of depreciation on the valuation of the investment portfolio as stock-in-trade. The High Court upheld the Tribunal's decision, citing a previous judgment in favor of KARNATAKA BANK LIMITED on a similar issue. The substantial question of law regarding this issue was answered in favor of the assessee based on the precedent set by the earlier judgment. In conclusion, the High Court disposed of the writ petition, upholding the decisions based on previous judgments and remanding one issue for fresh consideration by the Assessing Officer. All contentions of the parties were kept open for future proceedings.
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