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TMI Blog2017 (9) TMI 1839X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER PER SHRI KUL BHARAT, JM. This appeal by the Assessee is directed against the order of Ld. CIT(A), Ajmer dated 15.10.2015 pertaining to A.Y. 2013-13. The Assessee has raised the solitary ground of appeal :- "1. That the Ld. CIT(A), Ajmer has erred in law and the facts in confirming the additions by way of disallowance of Rs. 1,93,30,000/- of Provision against Bank's Debtors as the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the addition made on account of disallowance on depreciation of Rs. 5,94,756/-. 3. The only ground raised in this appeal is against confirming the additions by way of disallowance of Rs. 1,93,30,000/-. 3.1 Ld. Counsel submitted that the issue is covered by the decision of the Coordinate Bench rendered in the case of M/s Nagaur Urban Co-operative Bank Ltd. Vs. Asstt. Commissioner of Income Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he provision made by the appellant for standard assets is not an admissible deduction u/s 36(1)(vii). Therefore, the disallowance made by the AO is hereby confirmed. 3.4 Under the identical facts, the Tribunal had decided the issue in ITA No. 240/Jodh/2013 by observing as under:- "10. After circumspecting the entire records vis-à-vis the oral submissions, we are of the considered opini ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee has indeed created, 'Reserves for NPA'. For claiming benefit under the provisions of Section 36(1)(viia)(a) the condition to be satisfied is; that provision for bad an doubtful debts should have been made by the bank eligible to claim such deduction. Co-operative Banks do not strictly follow the provisions of Banking Regulation Act for the purpose of maintaining their Books of Accounts. In o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowable." 3.5 The facts are identical; there is no change into facts and circumstances. It is pointed out by the Ld. Counsel for 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, we hereby direct the AO to delete the disallowance. Thus, this gro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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