BHANDA LARGE SIZED MULTIPURPOSE CO-OP SOCEITY LIMITED,KEONJHAR vs. ITO, KEONJHAR
What did the Tribunal hold?
The Tribunal restored the issue to the AO for fresh adjudication after allowing the assessee to produce the certificates. The AO was directed to examine and verify these certificates to support the claim for deduction.
What were the facts?
The assessee, a cooperative society, claimed deduction under Section 80P(2)(d) for interest income earned on deposits with a cooperative bank. The AO disallowed the claim as the supporting certificates were not produced during assessment proceedings.
What were the issues?
Whether the claim for deduction under Section 80P(2)(d) can be allowed at a later stage with additional evidence, and if so, the procedure for verification.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL,
Before: SHRI
O R D E R These two ese two appeals filed by the assessee are directed are directed against the separate orders of the CIT(A) of the CIT(A) Cuttack both dated 24.1.2019 for the assessment year for the assessment years 2011- 12 & 2012-13.
Grounds taken by the assessee in both the appeals are common and Grounds taken by the assessee in both the appeals are common and Grounds taken by the assessee in both the appeals are common and identical i.e. claim of deduction u/s.80P(2)(d)(i) of the Act, therefore, both the identical i.e. claim of deduction u/s.80P(2)(d)(i) of the Act, therefore, both the identical i.e. claim of deduction u/s.80P(2)(d)(i) of the Act, therefore, both the appeals are heard together and are being disposed of by this common order for appeals are heard together and are being disposed of by this common order for appeals are heard together and are being disposed of by this common order for the sake of conven the sake of convenience.
As a lead case, the facts of the assessee for the assessment year 2011 As a lead case, the facts of the assessee for the assessment year 2011 As a lead case, the facts of the assessee for the assessment year 2011-12 is taken for adjudication is taken for adjudication and the decision will apply mutatis and the decision will apply mutatis-mutandis to the assessment year 2012 assessment year 2012-13.
Ld counsel for the assessee submitted that the assessee has earne Ld counsel for the assessee submitted that the assessee has earne Ld counsel for the assessee submitted that the assessee has earned the impugned income of Rs.9,58,097/ impugned income of Rs.9,58,097/- during the financial year 2010 during the financial year 2010-2011 relevant to P a g e 1 | 3 & 141/CTK/2019 Assessment Years : 2011-12 & 2012-13 assessment year 2011-12 on the deposits made with Keonjhar Central Cooperative Bank Ltd. (KCCB). Ld counsel for the assessee also submitted that as per the guidelines of the assessee society, the assessee invested their funds with KCCB and the bank has paid interest thereon, which is exempt from tax under section 80P(2)(d) of the Act. Ld counsel also drew my attention to the certificates issued by deposit bank i.e. KCCB dated 24.1.2020 certifying that interest has been paid for the financial years 2010-11 & 2011-12, relevant to assessment years 2011-12 & 2012-13 and another certificate dated 29.1.2020 and submitted that the claim of the assessee is quite sustainable and tenable and, therefore, same may kindly be allowed.
Replying to above, ld DR submitted that from the assessment order para 4, it is clearly discernible that the assessee has not submitted these certificates during assessment proceedings before the AO for supporting its claim u/s.80P(2)(d) of the Act. Therefore, the claim of the assessee cannot be allowed at this belated stage by considering the additional evidence.
Placing rejoinder to above, ld counsel submitted that the certificate issued by the deposit cooperative bank are very relevant and vital for sustenance of the claim of the assessee u/s. 80P(2)(d) of the Act, which cannot be discarded at the threshold without any reason and, therefore, same may kindly be shown to the AO for examination and verification and for which, the assessee has no serious objection.
On careful consideration of the rival submissions, first of all, I note that ld D.R. in all fairness, submitted that if it is just and proper to remit the issue back to P a g e 2 | 3 & 141/CTK/2019 Assessment Years : 2011-12 & 2012-13 the file of the AO for examination and verification of the certificates for claim of deduction u/s. 80P(2)(d) of the Act, then the department has no serious objection after allowing reasonable opportunity to the assessee. Hence, I restore the matter to the file of the AO for fresh adjudication of the issue as per law and on the basis of certificates to be produced by the assessee in support of the claim.
Since the facts are similar to the assessment year 2012-13, we also restore the issue to the file of the AO for fresh adjudication after considering the certificates to be produced by the assessee.
In the result, appeals of the assessee are allowed for statistical purposes.
Order pronounced on 6/02/2020.
More judgments on Section 80P(2)(d)
- Duddukuru Primary Agricultural Cooperative… vs ITO, Ward - 1, TadepalligudemITA 258/VIZ/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- S R P Jutha 13 Rajkot VI and Gr S Ma, Rajkot vs ITO WD 1(2)(1) Rajkot, RajkotITA 951/RJT/2025[2017-18]Status: Disposed9 Oct 2026AY 2017-18
- Poonam Chambers B Wing Commercial Premises… vs Deputy Commissioner Income Tax, MumbaiITA 7044/MUM/2026[2021-2022]Status: Disposed8 Oct 2026AY 2021-2022
- Poonam Chambers B Wing Commercial Premises… vs Deputy Commissioner Income Tax, MumbaiITA 7043/MUM/2026[2019-20]Status: Disposed8 Oct 2026AY 2019-20
- Suvarnakarara Co-Operative Society Limited… vs Income Tax Officer, Ward - 2, KarwarITA 210/PAN/2025[2020-21]Status: Disposed7 Oct 2026AY 2020-21
Recent GST High Court judgments
Search GST case law →- Sharad Ashok Agarwal vs. State Of Maharashtra Through G.P. And OrsBombay · 14 Oct 2026
- Md. Akhtar Ansari, Proprietor Of M/S Indian Associates vs. State Of Jharkhand, Through Commissioner Of State Tax, Commercial Tax Dept.Jharkhand · 14 Oct 2026
- M/S. Amarjothi Granites (INDIA) PVT. LTD., Berhampur, Ganjam vs. The Commissioner, Commercial Tax And GST, Odisha, CuttackOrissa · 14 Oct 2026
- M/S. Mishka Steels LLP And Anr. vs. The Superintendent Of Central Goods And Service Tax, Cx, Range-Ii, Behala Div. And Ors.Calcutta · 14 Oct 2026
- M/S Gujarat Co-Operative Milk Marketing Federation Limited vs. Union Of INDIAGujarat · 14 Oct 2026