2018 (5) TMI 2038

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....und No.3 raised by the revenue, which had not been adjudicated by the Bench while deciding the appeal of the revenue. The coordinate Bench of the Tribunal allowed the application and recalled its order dated 17.06.2016 for adjudicating the said ground. Ground No. 3 of the appeal which requires adjudication reads as under:- 3. "On the facts and in the circumstances of the case and in law, the Ld. CIT (Appeals) has erred in directing the Assessing Officer to adopt the returned income of Rs. 13,83,57,280/- as against the income ofRs. 15,29,04,950/- adopted by the Assessing Officer on the basis of original return, disregarding the fact that the Assessing Officer had specifically sought reasons for revision to the lower income and the a....

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....the circumstances of the case and in law, the Ld. CIT (Appeals) has erred in holding that the assessee, a non-scheduled co-operative bank, is also eligible for deduction of Rs. 25,94,46,361/- u/s 36(1)(viia) of the I.T. Act, 1961. 2. On the facts and in the circumstances of the case and in law, the Ld. CIT (Appeals) has erred in holding that the assessee, a non-scheduled co-operative bank, is also eligible for deduction not exceeding 10% of the aggregate average advances made by its rural branches u/s 36(1)(viia) of the I.T. Act disregarding the fact that such deduction is allowable under rule 6ABA on the I.T. Rules, only to a scheduled bank. 3. On the facts and in the circumstances of the case and in law, the Ld. CIT (App....