PR. COMMISSIONER INCOME TAX, SURAT 1 vs. PRIME CO OP BANK LTD
What did the High Court hold?
The Tribunal held that the first two issues concerning the disallowance of payments to the education fund and the members' welfare fund were covered against the Revenue by the decision of the Tribunal in ITA No. 3242/Ahd/2010, which allowed similar expenditure by holding that the assessee had to maintain good relations with members and such expenditure was towards their welfare. This was supported by the Gujarat High Court's decision in Karjan Co-operative Cotton Sales Ginning & Pressing Society Vs. CIT (199 ITR 17). For the third and fourth issues, relating to the Special Long Term Finance Fund and investment depreciation, the Tribunal affirmed the findings of the CIT(A). The CIT(A) had deleted the disallowance by relying on the Gujarat High Court's decision in Daskroi Taluka Co-operative & Sales Union Ltd. (126 ITR 413), which held that expenditure incurred for maintaining a good image and goodwill among members, ensuring business continuity, was for the purpose of business. The Tribunal found the facts of the assessee's case similar to the relied-upon precedents. Therefore, the Tribunal dismissed the Revenue's grounds of appeal.
What were the facts?
This tax appeal is filed by the Revenue against the order of the Income Tax Appellate Tribunal (ITAT), Surat, for Assessment Year 2013-14. The appeal challenges the ITAT's decision to uphold the Commissioner of Income Tax (Appeals) [CIT(A)] order, which deleted additions made by the Assessing Officer (AO). The disputed amounts relate to the disallowance of payments made towards an education fund (Rs. 3,00,000), a welfare fund for members (Rs. 6,57,614), a Special Long Term Finance Fund (Rs. 57,51,930), and investment depreciation (Rs. 1,48,05,817). The assessee is a cooperative bank.
What were the issues?
The Tribunal had to decide the following substantial questions of law proposed by the Revenue: 1. Whether the ITAT was justified in deleting the addition of Rs. 3,00,000 on account of disallowance of payment of education fund? 2. Whether the ITAT was justified in deleting the addition of Rs. 6,57,614 on account of disallowance of claim of payment made to members of welfare fund? 3. Whether the ITAT was justified in deleting the addition of Rs. 57,51,930 on account of disallowance of Special Long Term Finance Fund? 4. Whether the ITAT was justified in deleting the addition of Rs. 1,48,05,817 on account of disallowance of investment depreciation? Assessee's Contentions: The assessee argued that the payments were for the welfare of members and for maintaining good relations, which are essential for business continuity. The assessee relied on decisions of the ITAT and the Gujarat High Court. Revenue's Contentions: The Revenue argued that the expenditure was an ad-hoc appropriation for the benefit of members (owners) and thus not business expenditure under Section 37. The specific arguments for issues 3 and 4 are not detailed in the provided text, but the Revenue was aggrieved by the deletion of these additions.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA)
This tax appeal under Section 260A of the Income Tax Act, 1961 [for short 'the Act, 1961'] is at the instance of the revenue and is directed against the order passed by the Income Tax Appellate Tribunal, Surat in the ITA No.292/SRT/2017, dated 08/01/2019 for the A.Y 201314. 2. The revenue has proposed the following substantial questions of law for the consideration of this Court: (i) Whether on the facts and in circumstances of the case and in law, the Income Tax Appellate Tribunal is justified in upholding the decision of the Ld. CIT(A) by deleting the addition of Rs.3,00,000/ made on account of disallowance of payment of education Fund? (ii) Whether, on the facts and in the circumstances of the case and in law, the Income Tax Appellate Tribunal is justified in upholding the decision of the Ld. CIT(A) by deleting the addition of Rs.6,57,614/ made on account of disallowance of claim of payment made to members of welfare fund? (iii) Whether, on the facts and in the circumstances of the case and in law, the Income Tax Appellate Tribunal is justified in upholding the decision of the Ld. CIT(A) by deleting the addition of Rs.57,51,930/ made on account of disallowance of Special Log Term Finance Fund? (iv) Whether, on the facts and in the circumstances of the case and in law, the Income Tax Appellate Tribunal is justified in upholding the decision of the Ld. CIT(A) by deleting the addition of Rs.1,48,05,817/ made on account of disallowance of investment depreciation?
The first two questions of law as proposed by the revenue has something to do with the Section 37 of the Act, 1961. It appears from the materials on record that the assessee is a cooperative bank. It claims the deduction of the amount of Rs.6,57,614/ under the head of 'Members Welfare Fund'. The Assessing Officer took the view that the expenditure is nothing, but an adhoc estimated appropriation towards the welfare of the members, who were none other than the owners of the bank. The Assessing Officer recorded a finding that such expenses was being incurred exclusively for the benefit of the members and in such circumstances, it could not be treated as business expenditure in accordance with the provision of Section 37 of the Act.
In appeal by the assessee, the CIT(A) took the view that the expenditure is required to be incurred on the basis of principle of Co operative Society. The CIT(A) took notice of the fact that the very same issue had come up before the I.T.A.T., Ahmedabad in the case of Surat National Cooperative Bank Ltd. for the Assessment Year 200708. The issue was decided in favour of the assessee by holding that the bank was obliged to maintain good relations with its members and for that purpose, the expenditure was being incurred towards the welfare of the members. The CIT(A) also placed reliance on the decision of the Court in the case of Karjan Cooperative Cotton Sales Ginning & Pressing ultimately, held as under in Para13 of its impugned order. The Para13 reads thus:
We have considered the facts and found that the issue is covered against the Revenue by the decision of Tribunal in the case of in ITA No.3242/Ahd/2010 for A.Y. 200708 dated 23.08.2013 wherein the Tribunal has allowed the expenditure by holding that the assessee had to maintain good relations with the members and thus, the expenditure incurred is towards the welfare of the Members and same is supported by the decision of Hon'ble Gujarat High Court in the case of Karjan Cooperative Cotton Sales Ginning & Pressing Soecity Vs. CIT 199 ITR 17 [1993] 69 taxmann.com 04 (Guj). In view of this matter, respectfully following the “Cision of Coordinate Bench as mentioned above, this ground OF appeal of the Revenue is dismissed.
Thus, the first two questions as proposed by the Revenue are no longer resintegra in view of a decision of this Court in the case of Karjan Cooperative Cotton Sales Ginning & Pressing Society (supra). So far as the questions nos.3 and 4 as proposed by the Revenue are concerned, the findings recorded by the CIT(A) are as under:
After taking into consideration the submission of the assessee, Ld. CIT(A) deleted the addition by observing as under: “3.3 I have considered the facts on the issue. This issue has been discussed by my predecessor in detail while deciding the appeal for A.Y.200809. Taking into consideration the decision of Hon'ble Gujarat High Court in the case of Daskroi Taluka Coop. & Sale Union Ltd. 126 ITR 413, learned CIT (Appeal) has decided the issue as under: I have duly considered the judgment of the Hon'ble Gujarat High Court in the case of Taluka Coop. & Sale Union Ltd. (126 ITR 413) where expenditure incurred for purchase of articles for presentation only to its members for keeping alive good image among members and for generating goodwill and ensuring continuity of business with member societies was geld to the expenditure incurred wholly and exclusively for the purpose of business. The facts of the appellant's case, in so far as the above decision is concerned, differ only to the extent that in the relied upon case the household stainless steel utensils were distributed to the members of the said Coop. Society, whereas the bank asked the members to take the gift item worth Rs.400/ from the selected stores. I, therefore, following the decision of the jurisdictional High Court in the above referred case, delete the above disallowance and allow this ground of appeal.”
The aforesaid findings came to be affirmed by the appellate tribunal relying on the decision of this Court in the case of Daskroi Taluka Cooperative & Sales Union Ltd. reported in 126 ITR 413. 8. In view of the aforesaid, we see no good reason to interfere with the impugned order passed by the Income Tax Appellate Tribunal.
In the result, this appeal fails and is hereby dismissed. (J. B. PARDIWALA, J) (A. C. RAO, J) aruna
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