2019 (4) TMI 575 - HC - Income Tax

Interest accrued on NPA - Addition on account of interest accrued on non-performing assets - whether non-performing assets in the hands of the assessee- Cooperative Banks is taxable on accrual basis or not? - Held that - Matter is covered by the order of this Court in The Principal Commissioner of Income Tax-3, Ludhiana v. The Ludhiana Central Co-Op. Bank Ltd., Ludhiana 2018 (11) TMI 442 - PUNJAB AND HARYANA HIGH COURT along with other connected appeals decided, wherein the appeals filed by the revenue were dismissed.

Summary

Issues:
1. Interpretation of Section 43D of the Income Tax Act, 1961 regarding its applicability to Cooperative Banks.
2. Application of Section 45Q of RBI Act, 1934 to the assessee despite Section 45H excluding its application to Cooperative Banks.
3. Reliance on a decision of the Hon'ble Delhi High Court in a case involving a Non-Banking Financial Corporation by the Ld. CIT(A) for a Cooperative Society.
4. Deletion of addition of interest accrued on Non Performing Assets by the Ld. CIT(A) and confirmation by the Ld. ITAT.

Issue 1:
The first issue pertains to the applicability of Section 43D of the Income Tax Act, 1961 to Cooperative Banks. The Ld. ITAT was questioned for ignoring this aspect.

Issue 2:
The second issue involves the conflict between Section 45Q of RBI Act, 1934 and Section 45H of the same Act regarding their applicability to Cooperative Banks. The Ld. ITAT's decision to apply Section 45Q to the assessee was challenged.

Issue 3:
The third issue revolves around the reliance on a decision of the Hon'ble Delhi High Court in a case involving a Non-Banking Financial Corporation by the Ld. CIT(A) for a Cooperative Society. The Ld. ITAT was questioned for confirming this decision.

Issue 4:
The final issue concerns the deletion of the addition of interest accrued on Non Performing Assets by the Ld. CIT(A) and its confirmation by the Ld. ITAT. The Ld. ITAT was challenged for ignoring the decision of the Hon'ble Supreme Court in a similar case.

The judgment reveals that the revenue filed an appeal under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal (ITA) for the assessment year 2014-15. The Tribunal had upheld the decision of the Commissioner of Income Tax (Appeals) to delete the addition of interest on Non Performing Assets. The High Court noted that the matter was previously decided in a similar case by the Court, and accordingly, the present appeal was dismissed. The Court referred to a previous order wherein appeals filed by the revenue were dismissed, establishing a precedent for similar cases. Thus, the High Court dismissed the present appeal in line with the previous decision, emphasizing consistency in judicial rulings.