Supreme Court of India

Commissioner Of Income-Tax vs Ramanathapuram Distt. Co-Op. … on 30 October, 2001

Supreme Court of India
Commissioner Of Income-Tax vs Ramanathapuram Distt. Co-Op. … on 30 October, 2001
Equivalent citations: 2002 255 ITR 423 SC
Bench: S Bharucha, Y Sabharwal, B Kumar

ORDER

1. The High Court has answered against the Revenue, the following question :

“Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in law in holding that the interest on securities, subsidies received from the Government and dividend business income of the assesse entitled to deduction under Section 80P(2)(a)(i) of the Income-tax Act, 1961 ?”

2. The very question was considered by this court in CIT v. Karnataka State Co-operative Apex Bank [2001] 251 ITR 194 and the conclusion was reiterated in Mehsana District Central Co-operative Bank Ltd. v. ITO .

3. It is now contended on behalf of the Revenue that the decision of this court in United Commercial Bank Ltd. v. CIT [1957] 32 ITR 688 was not considered.

4. We do not think that it is open to the Revenue to urge, through different counsel, the same thing again and again. We are satisfied that the answer to the question has been correctly given in the decisions aforementioned and in the order under appeal.

5. The civil appeals are dismissed with costs.