2012 (7) TMI 948

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....e Respondent : Sunder Rajan ORDER N. Barathvaja Sankar (Vice-President) This is an appeal preferred by the assessee-The Jamkhandi Co-operative Bank Ltd., Jamkhandi, for the assessment year 2007-08 against the appellate order dated 27-6-2011 of the CIT(A), Belgaum. 2. There was a delay of four days in filing of the appeal. The assessee has filed an affidavit for condonation of delay. We....

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....ed further deduction u/s 36(1)(viia) of Rs. 29,72,000/- for advances made by the rural branches of the bank. The AO, while allowing the deduction @ 7.5% of total income, did not allow the deduction claimed for advances made by rural branches as this deduction had not been claimed by the assessee in the in the return of income and no revised return had been filed. The AO took the above decision rel....

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....icer order rejecting the appellant claim of full deduction u/s 36(1)(viia) of Rs. 42,20,390/- although eligible and only partially allowing a sum of Rs. 12,48,390/- relying on the case of Gotze(India) vs. CIT (2006) 284 ITR 323(SC). 2. The learned Commissioner of Income tax (Appeals) has erred on applying the principles of Gotze(India) wherein the facts of that case being related to asses....