Supreme CourtDivision Bench(2012) 08 SC CK 0009

Commissioner of Income Tax vs Nawanshahar Central Co-Op. Bank Ltd.

Supreme Court Of India · Decided on 30 August 2012 · Citation: (2012) 254 CTR 108 : (2012) 349 ITR 689 : (2012) 210 TAXMAN 263

HON’BLE JUDGES
S.H. Kapadia, C.J · Madan B. Lokur, J
RESULT
Partly Allowed
CASE NUMBER
Civil Appeal No''s. 5975 and 5976 of 2004

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Judgment

6 paragraphs · 173 words
1.

Heard Learned Counsel on both sides.

2.

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

(a) Whether the High Court was justified in holding that the Respondent-assessee was entitled for deduction u/s 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 ?

(b) 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 u/s 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. [Civil Appeal No. 2499 of 2005 @ Special Leave Petn. (Civil) No. 3826 of 2004] [reported at (2007) 208 CTR (SC) 438--Ed.], these civil appeals filed by the Department are dismissed.

4.

No order as to costs.