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The Commnr. of Income Tax, Cochin v. The Dhanalekshmi Bank Ltd.

 Income Tax — Business expenditure — Penalty imposed by RBI, was claimed by respondent Bank as business expenditure — Having regard to the pettiness of the amount, Supreme Court declined to consider the issue on merits — Reserve Bank of India Act, 1934 — S. 2 — Banking Regulation Act, 1949 — S. 6 — Constitution of India, Art. 132                                                                                                       (Para 3)


 

(A.K. Sikri and Rohinton Fali Nariman, JJ.)


 


The Commnr. of Income Tax, Cochin ______ Appellant


 


v.


 


The Dhanalekshmi Bank Ltd. ______________ Respondent


 


Civil Appeal Nos. 6353-6360 of 2004, decided on April 15, 2015


 


The Order of the court was delivered by


Order


 


Penalty of Rs. 10,61,698/- imposed by the Reserve Bank of India for committing violation of provisions of the Reserve Bank of India Act, 1934 and Banking Regulation Act, 1949 was claimed as business expenditure by the respondent-Bank. The aforesaid amount was in respect of the assessment years 1984-85 to 1991-92 i.e. for 8 years.


 


It is clear from above that the total amount is Rs. 10,00,000/- and odd that too relating to a period of 8 years.


 


Having regard to the pettiness of this amount, we are not inclined to consider the issue on merits. It is more so when learned counsel for the respondent has pointed out that against a similar kind of judgment passed in Commissioner of Income Tax, Trichur v. Catholic Syrian Bank Ltd. in SLP (C) No. 23889/2003, the same was dismissed by this Court on 04.04.2005.


 


Leaving the question of law open, the appeals are dismissed.


 


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