Commissioner of Income Tax v. Bharat Overseas Bank Limited
2000-11-16
K.GNANAPRAKASAM, R.JAYASIMHA BABU
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DigiLaw.ai
Judgment :- R. JAYASIMHA BABU J. The question referred to us is as to whether the Tribunal was right in holding that the interest paid by the assessee's foreign branch on its deposits and borrowals would qualify for weighted deduction under section 35B(1)(b)(iv) as expenditure incurred on the maintenance of the foreign branch. An identical question in respect of the same assessee for a different assessment year was considered by this court in the case of CIT v. Bharat Overseas Bank Ltd. It was held by this court that the assessee was not entitled to weighted deduction claimed. For the reasons stated in that judgment and following the same, we hold that the Tribunal was in error in allowing the weighted deduction for the assessment year 1982-83. The question referred to us is answered in favour of the Revenue and against the assessee.