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Facts
The assessee, a credit cooperative society, filed an appeal for AY 2018-19 against an order that denied deductions under Section 80P(2)(d) for interest income from cooperative banks and Section 80P(2)(a)(i) for interest income from nationalized banks. There was a delay of 163 days in filing the appeal, which the assessee sought to condone.
Held
The Tribunal condoned the delay in filing the appeal. It allowed the deduction of Rs. 29,96,097/- under Section 80P(2)(d) for interest earned from cooperative banks. For the deduction of Rs. 2,87,781/- under Section 80P(2)(a)(i), the issue was restored to the file of the Assessing Officer for fresh consideration after providing the assessee an opportunity to furnish necessary details.
Key Issues
Whether the delay in filing the appeal should be condoned; Whether deduction under Section 80P(2)(d) is allowable for interest from cooperative banks; Whether deduction under Section 80P(2)(a)(i) is allowable for interest from nationalized banks used for business purposes.
Sections Cited
143(3), 80P(2)(d), 80P(2)(a)(i)
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Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE
Before: SHRI MANISH BORAD & SHRI S. S. VISWANETHRA RAVI
Assessment Year : 2018-19 Hanumantrao Choudhari Vs. Income Tax Department, Kalbhairavnath Nagri National e-Assessment Sahakari Patsanstha Centre, Delhi. Maryadit, Kunjirwadi, Near Naigaon Phata, Solapur Road, Haveli, Pune- 412110. PAN : AAAAH2316R Appellant Respondent Assessee by : Shri Pramod S. Shingte Revenue by : Shri Manoj Tripathi Date of hearing : 17.03.2025 Date of pronouncement : 19.03.2025 आदेश / ORDER
PER MANISH BORAD, AM:
This appeal filed at the instance of assessee is directed against the order of Ld. CIT(A)/NFAC dated 12.10.2023 which is arising out of the assessment order u/s 143(3) of the Act for Assessment Year 2018-19 framed on 05.04.2021 by the Jurisdictional Assessing Officer.
2. There is a delay of 163 days in filing of the instant appeal. Application along with affidavit for condonation of delay has been filed. Perusal of the same indicates that the notice sent by the Ld. CIT(A)/NFAC was on the e-mail ID of the previous employee who did not inform the assessee. Considering the fact that the assessee would not have gained by delay in filing of the instant appeal, we in view of the judgement of Hon’ble Apex Court in the case of Collector Land Acquisition vs. Mst. Kattji (1987) 167 ITR 471 (SC) and also in the larger interest of justice condone the delay and admit the appeal for adjudication.
Though the assessee has raised six grounds of appeal
but the grievance only reveals around two issues. Firstly, denial of deduction u/s 80P(2)(d) of the Act for the interest earned from deposits with cooperative banks and secondly, denial of deduction u/s 80P(2)(a)(i) of the Act for the interest earned from nationalized banks on the deposits which were held for the purpose of carrying on the business of credit cooperative societies.
4. We have heard rival contentions and perused the records placed before us. So far as the issue relating to disallowance of deduction u/s 80P(2)(d) of the Act, we observe that the assessee earned interest of Rs.29,96,097/- from deposits held with the cooperative banks. The quantum of interest earned from cooperative banks is not in dispute before us. The issue is no longer res integra that the cooperative banks which are basically cooperative societies, the interest earned on deposits with such cooperative banks has been consistently held to be allowable as deduction u/s 80P(2)(d) of the Act and for this we draw support for the decision of this Tribunal in the case of Kolhapur District Central Co-op. Bank Kanista Sevakanchi Sahakar Pat Sanstha Ltd. vs. ITO in dated 01.01.2024. In lack of any other binding precedent referred by Ld. DR before us, we are inclined to hold in favour of the assessee and direct the Assessing Officer to allow the deduction to the assessee at Rs.29,96,097/- u/s 80P(2)(d) of the Act for the interest earned from deposits with cooperative banks.
5. So far as the issue relating to deduction u/s 80P(2)(a)(i) of the Act at Rs.2,87,781/-, Ld. Counsel for the assessee prayed that the matter may be restored to Ld. Assessing Officer before whom necessary details could be filed to explain that the alleged interest income from nationalized banks is eligible for deduction u/s 80P(2)(a)(i) of the Act. Since Ld. DR did not oppose this request of the assessee, we are restoring the limited issue of disallowance of 80P(2)(a)(i) of the Act at Rs.2,87,781/- to the file of Ld. Jurisdictional Assessing Officer before whom the assessee will furnish necessary details which should be considered by Ld. Assessing Officer for deciding the issue in accordance with law. Needless to mention that proper opportunity of being heard should be provided to the assessee.
In the result, the appeal of the assessee is partly allowed as per terms indicated hereinabove. Order pronounced on 19th day of March, 2025.