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october 2008

Supreme Court of India · 2008-10-13

Commnr. Of Income Tax, Kolhapur vs Icici Bank Ltd

Citation / case number
AIR 2008 SC (SUPP) 705
Court
Supreme Court of India
Petitioner
Commnr. Of Income Tax, Kolhapur
Respondent
Icici Bank Ltd
Author
Arijit Pasayat
Bench
Arijit Pasayat, Mukundakam Sharma

Judgment text excerpt

The Supreme Court addressed the issue of whether interest earned by banks on government securities is taxable under Section 2(7) of the Interest Tax Act, 1974. The Court upheld the Bombay High Court's decision, which affirmed the Income Tax Appellate Tribunal's ruling that such interest does not fall under the definition of 'interest chargeable to tax' as it pertains to loans and advances. The Court dismissed the revenue's appeals, stating that the distinction between loans/advances and investments/securities is fundamental, as established in prior judgments including Commissioner of Income Tax v. Corporation Bank.

Commnr. Of Income Tax, Kolhapur vs Icici Bank Ltd · Niyam