Allowing the appeal of the assessee the Court held that the judgment relied on by the Assessing Officer had been overruled in the case of CIT v. Karnataka State Co-operative Apex Bank( 2001) 251 ITR 194 (SC). Accordingly the Tribunal was not justified in holding that the additions made by the Assessing Officer towards non-recoverable interest on non-performing asset debts as being in conformity with the requirement of S. 43D. (AY. 1998-99)
Aravali Kshetriya Gramin Bank v. ACIT (2018) 409 ITR 242 (Raj.)(HC)
S. 147 : Reassessment—Notice issued based on overruled judgment is illegal and improper. [S. 43D, 148]