ICICI Bank Ltd. v. Dy. CIT(2022) 217 TTJ 296 (Mum)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Long term finance-Interest on income tax refund-Re-possessed vehicles treating as bad debt-Non disallowance of unpaid leave encashment-Pendency of appeal before CIT(A)-No merger-Revision is justified-Partly quashed. [S. 36(1)(viia), 36(1)(viii), 250]

Held that  AO having failed to make any enquiries to examine whether the correct lease rental income as well as interest on income-tax refund has been included in the long-term finance income of the assessee for working out the deduction under S. 36(1)(vii), the Principal CIT was justified in setting aside the assessment order.  Merely an appeal before the CIT(A) against the order of the AO, it cannot be said that the CIT(A) has ‘considered and decided the issue when  there is no dispute with respect to the computation of the long-term finance income of the assessee for working out deduction under S. 36(1)(vii) in the ground of appeal.   As regards bad debt the revision was quashed.(AY.2011-12)