Supreme Court of India · 2008-10-13
COMMNR. OF INCOME TAX, KOLHAPUR vs INDUSTRIAL DEVELOPMENT BANK OF INDIA LTD
- Citation / case number
- SC 2003/27594
- Court
- Supreme Court of India
- Petitioner
- COMMNR. OF INCOME TAX, KOLHAPUR
- Respondent
- INDUSTRIAL DEVELOPMENT BANK OF INDIA LTD
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 aligned with the Income Tax Appellate Tribunal's ruling that such interest is not chargeable to tax, distinguishing between loans/advances and investments/securities. The appeals filed by the revenue were dismissed, with the Court indicating that the factual determination regarding the nature of the interest must be made by the Tribunal.