The Commissioner Of Income Tax – I, Kolhapur v. The Anjara Urban Coop. Bank Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.475 OF 2007 The Commissioner of Income Tax – I, Kolhapur..Appellant.VersusThe Anjara Urban Coop. Bank Limited..Respondent. Mr.P.S. Sahadevan i/by Mr.Vimal Gupta for the appellant.None for the respondent. CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATE : 4TH SEPTEMBER 2009 P.C. : 1.The appeal was admitted on 12-1-2009 on the following substantial question of law : “Whether on the facts and circumstances of the case and in law, the Tribunal erred in allowing the deduction under section 80P(2)(a)(i) of the Income Tax Act, 1961 in respect of interest income earned on Indira Vikas Patra, Kisan Vikas Patra and Krishna Khore Project Bonds being not attributable to business activity of providing credit facilities to its members ? 2.The learned counsel for the revenue fairly states that the issue sought to be raised in this appeal is covered by the Division Bench judgment of this Court in the case of CIT V/s. The Solapur Nagari Audyogic Sahakari Bank Limited in IncomethTax Appeal No.46 of 2008 decided on 16 June 2009. 3.In this view of the matter, no substantial question of law arise in this appeal. The question is answered accordingly in favour of the assessee and against the revenue. The appeal is, therefore, dismissed in limini with no order as to costs.