TaxTMI 
TaxTMI 
2025 (8) TMI 121
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....d that there is a delay of '474' days in filing of this appeal. After going through the application for condonation filed by the DCIT, Circle-2(3)-1, Mumbai, we find that there is sufficient reason for the cause of delay and therefore, we condone the delay and proceed to hear the appeal on merits. 3. The brief facts leading to this appeal being filed before this Tribunal are that the assessee-Bank had filed its return of income (RoI) on 29.09.2009 declaring an income of Rs. 67,12,21,287/-. The AO noted that after setting off brought forward business loss of Rs. 66,31,69,053/- [refer Page No.65 of the Paper Book], the assessee had worked out the tax liability of Rs. 9,09,22,671/- and book profit of Rs. 8,02,49,489/- u/s.115JB of the Incom....
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....rder on 28.02.2014, had allowed/deleted the additions made in the original assessment order dated 28.12.2011 and therefore the exercise of passing rectification order was due to mis understanding of the First Appellate order dated 28.02.2014. The Ld.CIT(A) is noted to have deleted the additions restored by the AO in his rectification order by holding as under: 4.1 The assessee sought and was granted a personal hearing through Video Conference held on 28/06/2023, wherein Mr. Shailesh Kothari Sr. VP and Head Taxation, Mr. Yash Lala, Sr. Associate appeared along with Shri Rinkesh Devnani CA from BSR & Co and the case was heard and discussed. 5. I have carefully considered the matter. The assessee has only one grievance agains....
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....Relevant Para of CIT(A) order Entertainment expenses Rs. 1,56,262 7.3 & 7.4 (Pages 9 & 10) Bad debts w/off u/s 36(1)(vii) Rs. 18,71,013 11.3 to 11.5 (Pages 16 & 17) Deduction u/s 36(1)(viia) Rs. 5,61,89,000 18 (Pages 22 & 23) Ex-gratia payment Rs. 89,47,273 15.1 & 15.2 (Pages 18 & 19) Pooja Expenses Rs. 3,72,150 17 (Pages 20 & 21) It is evident from the order of CIT(A) that the above additions have been deleted but the AO has misinterpreted the language in the CIT(A) order. I therefore direct the AO to allow the relief of Rs. 11,70,38,745 as originally allowed by him in the order giving effect to the CIT(A) order dated 18/11/2016. Based on the discussion above, I delete such addition mad....
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....in Rs. ) 1 Broken period interest 4,92,80,969 2 Interest on Non-performing Accounts 2,22,083 3 Disallowance of Entertainment Expense 1,56,262 4 Ex- Gratia Payment 89,47,273 5 Disallowance of Pooja Expenses 3,72,150 6 Allowable Deduction u/s.36(1)(vila) 5,61,89,000 7 Bad Debts Written off u/s 36(1)(vii) and 36(1)(vila) 18,71,014 7. Moreover, we find that the aforesaid issues have been rightly decided by the Ld.CIT(A) since we find that the issues are no longer res integra. Out of the seven (7) additions made by the AO, the Ld.CIT(A) has deleted the five (5) issues by relying on the decision of the Tribunal in the assessee's own case and other two issues by following the decisi....