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. 141 of 2009() --------------------- ITA.622/COCH/1996 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/RESPONDENT: ----------------------------------------- THE COMMISSIONER OF INCOME TAX, THIRUVANANTHAPURAM. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): APPELLANT: ------------------------- M/S.STATE BANK OF TRAVANCORE, THIRUVANANTHAPURAM. ADV. SRI.P.BALAKRISHNAN (E) FOR R1 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. 141 of 2009 -------------------------------------------- Dated this the 16th day of March, 2011 JUDGMENT Ramachandran Nair, J. Today we have disposed of three other appeals, I.T.A.Nos. 126,192 & 229 of 2009, pertaining to the very same respondent- assessee on the same issue. However, during hearing of this appeal, counsel for the respondent-assessee submitted that accumulated provision for bad debt attributable to proceeding years should not be disallowed. Standing counsel for the revenue submitted that disallowance is called for based on Full Bench decision of this Court reported in CIT V. SOUTH INDIAN BANK LTD., 326 ITR 174 (Ker.). We therefore allow the appeal by setting aside the order of the Tribunal and direct the assessing officer to make the disallowance by following Full Bench judgment after giving an opportunity to the assessee. (C.N.RAMACHANDRAN NAIR) Judge. (BHABANI PRASAD RAY) Judge. kk 2