SHRI JALARAM MAHILA CO. OP. CREDIT SOCIETY LTD. vs. THE INCOME TAX OFFICER, WARD-3(1)(2),, BARODA

आयकर अपील�य अ�धकरण, अहमदाबाद �यायपीठ - अहमदाबाद । IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD – BENCH ‘A’

BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER आयकर अपील सं./ ITA No. 3358/Ahd/2016 �नधा�रण वष�/Assessment Year: 2013-14 Shri Jalaram Mahila Co-op. Credit ITO, Ward 3(1)(2) Society Ltd. Vs Baroda. Jalaram Eye Hospital Compund Alipura, Bodeli 391 135 Dist. Chhotaudepur PAN : AABAS 5194 D अपीलाथ�/ (Appellant) �� यथ�/ (Respondent) Assessee by : Shri Samir Parikh, AR Revenue by : Shri Prasson Kabra, Sr.DR

सुनवाई क� तार�ख/Date of Hearing : 23/05/2018 घोषणा क� तार�ख /Date of Pronouncement : 23/05/2018 O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER : Present appeal is directed at the instance of the assessee against order of ld.CIT(A)-3, Baroda dated 19.8.2016 passed for the Asstt.Year 2013-14. 2. In the grounds of appeal, sole issue involved for adjudication relates to disallowance interest income earned on fixed deposits with banks which was claimed by the assessee as deduction under section 80P(2)(a)(i) of the Income Tax Act.

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CIT, 389 ITR 578 for the proposition that in case of co-op credit society, whose activity relates to receiving deposits and lending money to its members, interest derived by depositing surplus funds with the nationalized banks, not being attributable to the business carried on by the assessee, cannot be deducted under section 80P(2)(a)(i) of the Act. However, the ld.counsel for the assessee did not contest this submission of the ld.DR on the issue and reiterated submissions made before the ld.Revenue authorities. 4. Having heard ld. representative and gone through the record, we find that Assessee is a cooperative society engaged in providing credit facilities to its members. The assessee has filed its return of income on 16.7.2013 declaring total income at Rs.NIL by claiming entire net income deductible under section 80P(2)(a) of the Income Tax Act. This claim was denied by the AO on the ground that assessee being a cooperative credit society engaged in providing credit facilities to its members deposits its surplus fund in FDRs/SB accounts with nationalized bank and earn interest out of such deposits, then such interest income would not qualify for deduction under the relevant provisions appended to section 80P of the Act. The AO accordingly rejected the claim of the assessee. The ld.CIT(A) upheld the order of the AO by taking support from the decision of the Hon’ble jurisdictional High Court in the case of CIT Vs. State Bank of India (supra). We find that Hon’ble jurisdictional High Court has held that interest earned from investment made in nationalized bank by a cooperative society engaged in providing credit facilities to its members, is not deductible under section 80P(2)(d). In recent past the Tribunal in number of cases has taken a consistent view on this issue in favour of the Revenue by following above judgment of

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the Hon’ble jurisdictional High Court. In this view of the matter, we are not inclined to interfere in the orders of the Revenue authorities on this issue, which we uphold. However, any expenditure incurred by the assessee for earning such income could be allowed to it. In other words, the ld.AO has to determine the net interest income earned by the assessee on such investment with bank, and only thereafter that income has to be excluded from the admissibility of deduction under section 80P(2) of the Act.

Sd/- Sd/- (WASEEM AHMED) (RAJPAL YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER