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Facts
The Revenue filed appeals against the orders allowing deductions for interest income earned by the assessee, a cooperative society, from its investments in cooperative banks. The Assessing Officer had disallowed this income, treating it as income from other sources. The CIT(A) had allowed the deduction.
Held
The Tribunal held that interest income earned by a cooperative society from its investments with other cooperative societies is eligible for deduction under Section 80P(2)(d) of the Income-tax Act. They affirmed the CIT(A)'s decision, stating the issue was res integra and relying on previous judgments.
Key Issues
Whether interest income earned by a cooperative society from its investments in other cooperative banks is eligible for deduction under Section 80P(2)(d) of the Income-tax Act.
Sections Cited
80P(2)(d), 250, 80P(2)(a)(i)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCHES “B”, PUNE
Before: DR.MANISH BORAD & MS. ASTHA CHANDRA
आदेश / ORDER
PER DR. MANISH BORAD, ACCOUNTANT MEMBER :
The captioned appeals at the instance of Revenue pertaining to Assessment Years 2018-19 and 2020-21 are directed against the separate orders both dated 21.10.2024 framed by National Faceless Appeal Centre, Delhi u/s.250 of the Income-tax Act, 1961 (in short ‘the Act’) which inturn are arising out of the respective Assessment orders.
When the appeals were called for, none appeared on behalf of the respondent-assessee despite due service of notice of hearing. Further, a common issue raised by the Revenue in these appeals has already been decided by this Tribunal in faovur of the respondent-assessee by catena of decisions. We therefore proceed to dispose of these appeals with the able assistance from the ld. Departmental Representative. and 2695/PUN/2024 M/s. Tata Motors Karmachari Sahakari Patpedhi Limited
Perusal of the impugned orders for the assessment years under appeal indicate that the issue of deduction u/s.80P(2)(d) of the Act which has been assailed by the Revenue in the common grounds of appeal for the A.Y. 2018-19 and 2020-21 has been decided by the ld.CIT(A) in favour of the respondent assessee placing reliance on various decisions of Coordinate Benches and this Tribunal taking consistent view that interest earned from deposits with Cooperative banks is eligible for deduction u/s.80P(2)(d) of the Act. Ld. Departmental Representative could not place any other binding precedent on this issue.
We have heard the ld. Departmental Representative and perused the record placed before us. In the instant appeals, the Assessing Officer disallowed the interest income of Rs.4,13,73,350/- for the A.Y. 2018-19 and Rs.5,50,07,830 for the A.Y. 2020-21 earned out of the Fixed deposits/Investments made with Cooperative Banks treating the same as Income from Other Source which came to be allowed by the Ld.CIT(A). Revenue has approached the Tribunal for both the assessment years under appeal assailing the finding of ld.CIT(A).
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 and 2695/PUN/2024 M/s. Tata Motors Karmachari Sahakari Patpedhi Limited 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.
In the light of above, we hold that ld.CIT(A) has rightly held that the respondent-assessee is entitled to deduction u/s.80P(2)(d) of the Act and accordingly the Assessing Officer is directed to allow the claim made by the respondent-assessee u/s.80P(2(d) for both the assessment year under appeal. Common grounds of appeal raised by the Revenue on this issue are dismissed.
7. Another issue solely raised for the A.Y. 2018-19 by the Revenue is that ld.CIT(A) erred in giving the benefit of deduction u/s.80P(2)(a)(i) of the Act for the net interest income of Rs.1,30,654/-. We notice that ld.CIT(A) has given the relief after examining the facts of the case and that the staff members were also the members of the society and therefore the interest income earned from the staff members is also eligible for deduction u/s. 80P(2)(a)(i) of the Act. Before us, ld. Departmental Representative failed to controvert this fact. We and 2695/PUN/2024 M/s. Tata Motors Karmachari Sahakari Patpedhi Limited therefore fail to find any infirmity in the finding given by the ld.CIT(A). This ground by the Revenue is dismissed.
In the result, both the appeals of the Revenue are dismissed.
Order pronounced on this 20th day of March, 2025.