IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 ITA.No. 211 of 2009() --------------------- ITA.176/COCH/2000 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT:APPELLANT: -------------------- THE COMMISSIONER OF INCOME TAX, THIRUVANANTHAPURAM. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): --------------- STATE BANK OF TRAVANCORE, POOJAPPURA, THIRUVANANTHAPURAM. ADV. SRI.P.BALAKRISHNAN (E) THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 16/03/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & BHABANI PRASAD RAY, JJ. -------------------------------------------- I. T. A. No. 211 of 2009 -------------------------------------------- Dated this the 16th day of March, 2011 JUDGMENT Ramachandran Nair, J. The main question raised, that is assessee's claim for deduction provision for bad debt under Section 36(1)(viia) which was decided by the Tribunal in favour of the assessee now stands decided by a Full Bench of this Court vide judgment reported in CIT V. SOUTH INDIAN BANK LTD., 326 ITR 174 (Ker.). So far as issues 2 and 3 are concerned, that is assessment of profit/loss on sale of investment is concerned, Tribunal has allowed the assessee's claim and dismissed the departmental appeal by following the judgment of this Court in I.T.A.No. 133 of 1999 in the assessee's own case for another year. We do not find any merit in the revenue's appeal on this issue. So far as the last issue is concerned, that is disallowance of broken period interest, the issue stands decided in favour of the assessee vide our judgment in CIT V NEDUNGADI BANK LTD., 264 ITR 545. Following the said judgment we reject the departmental appeal on this issue. 2 Consequently, appeal is partly allowed with regard to disallowance of provision for bad debt based on the Full Bench judgment above referred, but on the remaining issues, appeal will stand dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (BHABANI PRASAD RAY) Judge. kk 3