RAGUNATH HARI AMRUTKAR GRAMIN BIGARSHETI SAHAKARI PATHSANSTHA MARYADIT,GUNJALNAGAR, DEOLA vs. ITO WARD 1(1), NASHIK, NASHIK

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ITA 675/PUN/2025Status: DisposedITAT Pune08 May 2025AY 2020-21Bench: DR.MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)1 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 interest income earned by a cooperative society from investments in cooperative banks is eligible for deduction under Section 80P(2)(d) of the Income Tax Act, following previous decisions.

What were the facts?

The assessee cooperative society earned interest income from deposits held with cooperative banks. The Assessing Officer denied the deduction under Section 80P(2)(d) of the Income Tax Act for this interest income.

What were the issues?

Whether interest income earned by a cooperative society from deposits with other cooperative banks is eligible for deduction under Section 80P(2)(d) of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 80P(2)(d),Section 143(3),Section 144B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCHES “B”, PUNE

Before: DR.MANISH BORAD & SHRI VINAY BHAMORE

For Appellant: Shri Piyush P. Bafna
For Respondent: Shri Ganesh B Budruk
Hearing: 29.04.2025Pronounced: 08.05.2025

आदेश / ORDER

PER DR. MANISH BORAD, ACCOUNTANT MEMBER :

1.

The captioned appeal at the instance of assessee pertaining to A.Y. 2020-21 is directed against the order dated 08.01.2025 passed by National Faceless Appeal Centre, Delhi arising out of the Assessment order dated 25.08.2022 passed u/s.143(3) r.w.s.144B of the Income-tax Act, 1961 (in short ‘the Act).

2.

The sole grievance of the assessee is against the finding of ld.CIT(A) denying the benefit of section 80P(2)(d) for the interest earned on deposits/investments held with Cooperative Banks.

3.

At the outset, Ld. Counsel for the assessee submitted that the issue stands squarely covered in favour of the assessee in plethora of decisions passed by this Tribunal and therefore, the deduction claimed by the assessee u/s.80P(2)(d) of the Act deserves to be allowed.

4.

Ld. Departmental Representative supported the orders of the lower authorities.

5.

We have heard both the sides and perused the record placed before us. Assessee has been denied benefit of section 80P(2)(d) of the Act for the interest earned from Cooperative Banks amounting to Rs.52,73,293/-. The fact that assessee has earned alleged sum of Rs.52,73,293/- from Cooperative Banks is not in dispute. Ld. AO has specifically observed in page 13 of the assessment order providing details of the alleged sum and the interest income has been earned from Nashik District Central Coop Bank, Deola Merchants Cooperative Bank, Rajlaxmi Cooperative Bank and Cosmos Cooperative Bank. Further, the issue is no more res integra by virtue of series of decisions holding that interest income from Cooperative Banks which are basically Cooperative Societies are allowable as deduction to the assessee u/s.80P(2)(d) of the Act.

6.

Recently, this Tribunal in the case of Annapurna Nagari Sahkari Pathsanstha Maryadit Yawal in order dated 24.03.2025 has decided the very same issue in favour of the assessee observing as follows :

“7. We have heard both the sides and perused the record placed before us. In the instant case, the Assessing Officer disallowed the interest income of Rs.1,63,98,998/- earned out of the Fixed deposits/Investments made with Cooperative Banks treating the same as Income from Other Source. Ld.CIT(A) dismissed the appeal in limine without discussing anything on merits of the issues and on the ground that the assessee has not provided plausible explanation for admission of additional evidences.

8. Section 80P(2)(d) of the Act provides that the sum received in respect of any income by way of interest or dividend derived by Cooperative Society from its investment with any other Cooperative Society, the whole of such income is eligible for deduction u/s.80P of the Act. we find that this issue is no more res integra as the Coordinate Benches of this Tribunal has been consistently holding that the interest income earned out of the FDs/Investments kept with Cooperative Banks is allowable u/s.80P(2)(d) of the Act. We find that this Tribunal in case of Kolhapur District Central Co-op. Bank Kanista Sevakanchi Sahakar Pat Sanstha Ltd., Vs. ITO in dated 01.01.2024 dealing with similar issue after placing reliance on another decision of this Tribunal in the case of The Ugar Sugar Works Kamgar & Dr. Shirgaokar Shaikshanik Trust Nokar Co-op Credit Society vs. ITO in dated 27.05.2022 has held that the interest earned from deposits with Cooperative Banks are also eligible for deduction u/s.80P(2)(d) of the Act as Cooperative Banks are basically Cooperative Societies only but have turned into Bank on getting necessary banking license.

9.

Respectfully following the above referred decisions taking consistent view along with considering the facts of the case, where the assessee made investment with the Cooperative Banks we hold that the assessee is eligible for deduction u/s.80P(2)(d) of the Act for the interest income earned from Cooperative Banks at Rs.1,63,98,998/-. Findings of the ld. CIT(A) is set-aside and the Assessing Officer is directed to allow the claim made by the assessee. Effective grounds of appeal raised by the assessee are allowed.”

7.

Respectfully following the above decision, the claim made by the assessee u/s.80P(2)(d) at Rs.52,73,293/- for interest earned from Cooperative Banks stands allowed. Effective grounds of appeal raised by the assessee are allowed.

8.

In the result, appeal of the assessee is allowed.

Order pronounced on this 08th day of May, 2025.

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