IN THE HIGH COURT OF GUJARAT AT AHMEDABAD TAX APPEAL No. 104 of 2004 To TAX APPEAL No. 105 of 2004 For Approval and Signature: HONOURABLE MR.JUSTICE D.A.MEHTA HONOURABLE MS.JUSTICE H.N.DEVANI ============================================================ ============================================================ DY.C.I.T. - Appellant(s) Versus BARDOLI VIBHAG GRAM VIKAS CO-OP. CREDIT SOCIETY LTD. - Opponent(s) ============================================================ Appearance : MR BB NAIK for Petitioner No(s).: 1. MR RK PATEL for Respondent No(s).: 1. ============================================================ 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? CORAM : HONOURABLE MR.JUSTICE D.A.MEHTA 1. 1. 1. 2. Date : 16/08/2005 ORAL JUDGMENT (Per : HONOURABLE MS.JUSTICE H.N.DEVANI) Heard Mr. B.B. Naik, learned Standing Counsel for the appellant- Revenue and Mr. R.K. Patel for the respondent-assessee. It is an accepted position that the controversy raised by the question framed at the time of admission stands concluded by a decision of this Court rendered in Tax Appeal No. 208 of 2003 and the cognate matters rendered on 29.07.2005, 01.08.2005 and 09.08.2005 in the case of Commissioner of Income-Tax V/s. The Baroda Peoples Co-operative Bank Limited. Therefore, it is held that the Tribunal was justified in law in allowing deduction under Section 80P(2)(a)(i) of the Income-Tax Act, 1961 on interest income as being attributable to the business of banking. The question is, accordingly, answered in the affirmative. The Tax Appeals are, accordingly, dismissed. There shall be no order as to costs. Registry to place a copy of this judgment in the connected matter. (D.A.MEHTA,J.) (H.N.DEVANI,J.) Hitesh and HONOURABLE MS.JUSTICE H.N.DEVANI