2015 (1) TMI 1229

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..... sessing Officer to exclude the income so declared by the assessee in the year of writing back of the provision. Considering this submission of Learned A.R. of the assessee, we confirm the order of CIT(A) in both the years with the direction to Assessing Officer that if this is shown by the assessee that in any subsequent year, these provisions were written back by the assessee and included by the .....

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..... . Garodia (Accountant Member) For the Petitioner : B. P. Yadav (Cost Accountant) For the Respondent : Rajnish Yadav (D. R.) ORDER A. K. Garodia (Accountant Member) Both these appeals are filed by the assessee, which are directed against two separate orders of learned CIT(A) - II, Lucknow dated 05/09/2011 for the assessment year 2006 - 07 and dated 19/12/2011 for the assessm .....

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..... osses raised by making provision through NABARD. 4. That the learned C.I.T.(Appeal - II) Lucknow has erred in confirming assessment order past by the learned I.T.O. without considering facts of appellants Case. 5. That the appellants provides banking facilities to their members/borrowers guidelines Reserve Bank of India as well as other banks. The learned C.I.T.(Appeal - II) Lucknow di .....

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..... plicable for scheduled and non scheduled banks are also applicable on the appellant bank. 2. The Ld. CIT(A) erred on facts and in law in confirming the disallowances of ₹ 1,18,94,719/ - made by the Ld A.O. by observing that the deductions u/s 36(1)(viia) of the I.T. Act, 1961 are not available to the appellant bank. 3. The Ld. CIT(A) erred on facts and in law in not providing the .....

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..... ee in its income then in that year, the income should be reduce d to the extent it is found that there is double addition, once by making disallowance in the present year and again on account of writing back of the provision in subsequent year but we want to make it clear that burden is on the assessee to establish this aspect before the Assessing Officer in the subsequent year in which the assess .....

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