Commissioner Of Income Tax Jalandhar v. Nawanshahar Central Co-operative Bank Ltd

Commissioner Of Income Tax Jalandhar v. Nawanshahar Central Co-operative Bank Ltd

(Supreme Court Of India)

Civil Appeal No. 5975 Of 2004 With No. 5976 Of 2004 | 30-08-2012

1. Heard Learned Counsel on both sides.

2. In these appeals, following questions of law arise for determination:

2.1. Whether the High Court CIT v. Nawanshahar Central Coop. Bank Ltd., ITA No. 152 of 2002, decided on 23-1-2003 (P&H) was justified in holding that the Respondent-assessee was entitled for deduction under Section 80P(2)(a)(i) of the Income Tax Act, 1961 in respect of income from underwriting commission and interest on PSEB Bonds and IDBI Bonds

2.2. Whether the High Court was justified in affirming the decision of the Tribunal that the income earned by the Assessee which was derived from underwriting the issue of bonds and investments in PSEB Bonds was in the nature of income from banking business and hence qualified for deduction under Section 80P(2)(a)(i) of the Income Tax Act, 1961

3. In view of the decision of this Court in the case of CIT v. Nawanshahar Central Co-operative Bank Ltd., (2007) 208 CTR (SC) 438 : (2007) 15 SCC 611 [LQ/SC/2005/473] ) these civil appeals filed by the Department are dismissed. No order as to costs.

Advocate List
Bench
  • HON'BLE CHIEF JUSTICE MR. S.H. KAPADIA
  • HON'BLE MR. JUSTICE MADAN B. LOKUR
Eq Citations
  • (2012) 254 CTR SC 108
  • [2012] 210 TAXMAN 263 (SC)
  • [2012] 349 ITR 689 (SC)
  • (2012) 13 SCC 788
  • LQ/SC/2012/718
Head Note

Income Tax — Deductions — Banking business — Underwriting commission and interest on PSEB Bonds and IDBI Bonds — Whether entitled to deduction under S. 80P(2)(a)(i) — Held, in view of decision of Supreme Court in Nawanshahar Central Cooperative Bank Ltd case, (2007) 208 CTR 438, 15 SCC 611 — Deduction not permissible