Itxa/686/2017 Of Pr. Commissioner Of Income Tax-2 v. M/S. State Bank Of India

Priya Soparkar 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.686 OF 2017 Pr. Commissioner of Income-Tax-2V/s.M/s State Bank of India … Appellant … Respondent --- Mr.P.Pardiwala, Senior Advocate with Mr.N.Joshi i/byMr.Atul Karsandas Jasani for the Appellant.Mr.Suresh Kumar for the Respondent. --- CORAM : AKIL KURESHI AND S.J.KATHAWALLA, JJ. DATE : JUNE 18, 2019. P.C.:- 1.This appeal is filed by the revenue to challenge thejudgment of the Income Tax Appellate Tribunal. Followingquestions are presented for our consideration:- “i.Whether on the facts of the case and inlaw, the ITAT was right in directing the A.O.to carry out verification and allow the claim ofinterest credited to “Interest SuspenseAccount” taxed in earlier years now writtenoff during the year if found correct withoutclearly holding as to whether the interest istaxable in the year of credit of the suspenseaccount or in the year of recovery?ii.Whether on the facts of the case and inlaw, the ITAT was right in directing the A.O. to delete the disallowance of contribution toSBI retired employees medical fund withoutappreciating the fact that the same is notallowable u/s 40(9) of the Income Tax Act?” 2.Both these questions form part of the revenue’sgrounds of appeal in Income Tax Appeal No.718 of 2017,which by an order passed today we have dismissed. 3.appeal is dismissed. Without recording separate reasons, therefore, this (S.J.KATHAWALLA, J.) (AKIL KURESHI, J.) ….