STATE BANK OF INDIA OFFICERS CO-OPERATIVE CREDIT SOCIETY LIMITED,HYDERABAD vs. INCOME TAX OFFICER, WARD-5(3), HYDERABAD
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the interest income from FDRs with a nationalized bank is eligible for deduction under Section 80P(2)(a)(i). This decision was based on the jurisdictional High Court's ruling, which considered the Revenue's reliance on the Totgars' case.
What were the facts?
The assessee, a co-operative credit society, claimed deduction under Section 80P(2)(a)(i) on interest income earned from FDRs with a nationalized bank. The lower authorities denied this deduction.
What were the issues?
Whether interest income derived from FDRs with a nationalized bank by a co-operative society is eligible for deduction under Section 80P(2)(a)(i).
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Totgars Co-operative Sale Society Ltd. v. ITO1,283 citing322 ITR 283 · 2010 · SC
- Vaveru Co-operative Rural Bank Ltd. v. CIT299 citing396 ITR 371 · 2017 · HC
Income Tax Appellate Tribunal, HYDERABAD ‘B’ BENCH, HYDERABAD.
O R D E R Per Shri S.S. Godara, J.M. : This assessee’s appeal for Asst. Year 2014-15 arises from the Commissioner of Income Tax (Appeals)-4, Hyderabad’s order dt.8.12.2017 passed in case No.0366/2016-17/ITO, Ward 5(3)/CIT(A)-4/Hyd/17-18 in Section 143(3) of Income Tax Act, 1961 (‘the Act’).
Heard both the parties. Case file perused.
Coming to the assessee's sole substantive grievance challenging correctness of both the lower authorities’ action declining 80P(2)(a)(i) deduction of Rs.75,02,196; there is hardly any dispute between the parties that the same represents interest income derived from FDRs with nationalised bank.
There is further no quarrel between the parties that hon’ble jurisdictional high court’s decision (2017) Vaveru Co-operative Rural Bank Ltd. Vs. CIT (2017) 396 ITR 371 (A.P) has very much considered the Revenue’s argument placing reliance on Totgars’ Co-operative Sale Society Ltd. Vs. ITO 322 ITR 283 (SC) that such an interest income is not business income and decided it in favour of the assessee. We therefore find no merit in Revenue’s arguments supporting the CIT(A)’s detailed discussion in violation of hon’ble jurisdictional high court decision to this effect. The assessee succeeds in its sole substantive grievance therefore. No other argument has been pressed before us. 4. This assessee's appeal is allowed in above terms.
Order pronounced in the open court on 24th Nov., 2021.
More judgments on Section 80P(2)(a)(i)
- Duddukuru Primary Agricultural Cooperative… vs ITO, Ward - 1, TadepalligudemITA 258/VIZ/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Parthasaradhi Mutually Aided Co-Operative… vs Income-Tax Officer, Ward-17(1), HyderabadITA 2322/HYD/2026[AY 2016-17]Status: Disposed16 Oct 2026
- The Development Multipurpose Credit &… vs ITO Ward 2 (4), Porbandar, GujaratITA 458/RJT/2026[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- Hislop College Employees Cooperative Credit… vs ITO Ward 2(3), NagpurITA 184/NAG/2026[2018-19]Status: Disposed14 Oct 2026AY 2018-19
- Jijamata Mahila Gramin Bigar Sheti Sahakari… vs ITO Ward -1, BhandraITA 102/NAG/2026[2020-21]Status: Disposed12 Oct 2026AY 2020-21
Recent GST High Court judgments
Search GST case law →- M/S Kalra Traders vs. Union Of INDIAUttarakhand · 26 Oct 2026
- Ms Isoft vs. The Commissioner State TaxUttarakhand · 26 Oct 2026
- M/S Sita Enterprises vs. Office Of The CommissionerUttarakhand · 26 Oct 2026
- Capri Global Capital LTD Through Represented By Its Law Officer Mr. Varun Kaljoria vs. The State Of Madhya Pradesh Through Principal SecretaryMadhya Pradesh · 26 Oct 2026
- Sri Tatiparthy Venkata Swamy vs. The State Of Andhra PradeshAndhra Pradesh · 25 Oct 2026