M/S. SHREERAMA CREDIT CO-OPERATIVE SOCIETY LIMITED,UDUPI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, UDUPI

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ITA 436/BANG/2023Status: DisposedITAT Bangalore20 July 2023AY 2017-183 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that since the provisions made were not allowed as expenditure, the corresponding profit would qualify for deduction under Chapter VIA. Following CBDT Circular No. 37/2016, the assessee is eligible to claim deduction under Section 80P(2)(a)(i) on the disallowed provisions.

What were the facts?

The assessee, a co-operative society, made provisions for bad debts and service tax. These provisions were disallowed by the AO and confirmed by the CIT(Appeals) due to a lack of details. The assessee claimed eligibility for deduction under Section 80P(2)(a)(i) based on CBDT Circular No. 37/2016.

What were the issues?

Whether provisions for bad debts and service tax, when disallowed as expenditure, can be considered for deduction under Section 80P(2)(a)(i) for a co-operative society, especially in light of CBDT Circular No. 37/2016.

Which sections of the Income-tax Act were involved?

Section 80P(2)(a)(i)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH : BANGALORE

Before: SHRI GEORGE GEORGE K. & SHRI LAXMI PRASAD SAHU

For Appellant: Shri Mahesh R. Uppin, Advocate
For Respondent: Smt. Supriya Rao, Addl.CIT(DR)(ITAT), Bengaluru
Hearing: 20.07.2023Pronounced: 20.07.2023

Date of hearing : 20.07.2023 Date of Pronouncement : 20.07.2023 O R D E R

Per Laxmi Prasad Sahu, Accountant Member

1.

This appeal is filed by the assessee against the DIN & Order No.ITBA/NFAC/S/250/2023-24/1051999933(1) dated 11.4.2023 of the CIT(Appeals), National Faceless Appeal Centre, Delhi [NFAC] for the AY 2017-18.

2.

The sole and substantive issue involved in this appeal is not allowing the provisions made in the books of accounts of assessee towards provisions for bad debts of Rs.28,98,170 and Service Tax of Rs.92,856 aggregating to Rs.29,91,026 and that the assessee has not been given the benefit of deduction on the same of business profits u/s. 80P(20(a)(i) under Chapter VIA of the Act as per CBDT Circular No.37/2016 dated 2.11.2016.

3.

In the impugned case, the assessee created provision for Non- Performing Assets (NPA) as bad and doubtful debts and provision for service tax which was disallowed by the AO. The CIT(Appeals) confirmed the same. Both the authorities below disallowed the provision made by the assessee for want of details as required by the authorities.

4.

The assessee’s contention is that the above provisions made are not allowed, the assessee may be given the benefit of CBDT Circular No.37/2016 dated 02.11.2016 since the assessee is eligible for deduction under Chapter VIA.

5.

The ld. DR relied on the orders of authorities below.

6.

We heard the case & perused the entire material on record. The assessee is a co-operative society and claimed deduction u/s. 80P(2)(a)(i) of the Act It is not disputed that the provisions made by the assessee are not part of business activity carried on by the assessee. Since the provisions made in the profit & loss account of assessee has not been allowed as expenditure, accordingly, the corresponding profit will qualify for deduction under the relevant provisions and assessee is eligible to claim deduction under Chapter VIA of the Act. The CBDT Circular No.37/2016 dated 02.11.2016 relied on by the assessee would clearly apply in the impugned case. Following the aforesaid CBDT Circular, we hold that the assessee is eligible to claim deduction u/s. 80P(2)(a)(i) of the Act on the disallowance of provisions debited to the Profit & Loss account. Accordingly, the assessee’s appeal is allowed.

Pronounced in the open court on this 20th day of July, 2023.

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