SONAI GRAMIN BIGARSHETI SAH PATSANSTHA MARYADIT,INDAPUR, PUNE vs. PRINCIPAL CIT(CENTRAL), PUNE

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ITA 203/PUN/2022Status: DisposedITAT Pune13 December 2022AY 2017-184 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 a cooperative society is eligible for deduction under Section 80P(2)(d) on interest income earned from deposits with other cooperative societies, even after the insertion of Section 80P(4). The PCIT's order was found to be unjustified.

What were the facts?

The assessee, a cooperative credit society, claimed deduction under Section 80P on interest income earned from deposits with other cooperative societies. The PCIT initiated proceedings under Section 263, deeming the assessment order allowing this deduction erroneous and prejudicial to the revenue.

What were the issues?

Whether interest income earned by a cooperative credit society from deposits with other cooperative societies is eligible for deduction under Section 80P, and if the PCIT was justified in revising the assessment order under Section 263.

Which sections of the Income-tax Act were involved?

Section 80P,Section 263

AI-generated summary — verify with the full judgment below

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

Before: SHRI R.S. SYAL & SHRI PARTHA SARATHI CHAUDHURY

For Appellant: Shri Rajkumar Doshi
For Respondent: Shri Rajarshi Dwivedy

PER R.S. SYAL, VP: This appeal filed by the assessee is directed against the order dated 28-03-2022 passed by the Principal Commissioner of Income- tax (PCIT), Central, Pune u/s.263 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) in relation to the assessment year 2017-18. 2. Briefly stated, the facts of the case are that the assessee is a Cooperative credit society engaged in providing credit facilities to its members. The assessee filed return declaring total income at Nil after claiming deduction u/s.80P for a sum of Rs.1,39,60,260/-. The

1.

Sonai Gramin Bigarsheti Sah Patsanstha Maryadit assessment was completed by the Assessing Officer (AO) u/s.143(3) at the declared income. The ld. PCIT, on examination of records, observed that the assessee claimed deduction u/s.80P to the tune of Rs.12,64,247/- on interest income earned from deposits kept with cooperative societies. He, therefore, opined that, the assessment order, allowing deduction u/s.80P on such interest income, was erroneous and prejudicial to the interest of the Revenue. Setting aside the assessment order, he directed the AO to pass the assessment order afresh as per law after allowing opportunity of hearing to the assessee. Aggrieved thereby, the assessee has approached the Tribunal.

3.

We have heard both the sides and gone through the relevant material on record. The assessee is admittedly a Cooperative credit society engaged in providing credit facilities to its members. The ld. PCIT has held the assessment order to be erroneous and prejudicial to the interest of the Revenue only on the ground that the claim of deduction u/s.80P on interest income amounting to Rs.12,64,247/- was not in order. In this regard, it is observed that though co-operative banks, other than primary agricultural credit society or a primary co-operative agricultural and rural development bank, are not eligible for deduction pursuant to insertion of section Sonai Gramin Bigarsheti Sah Patsanstha Maryadit 80P(4) w.e.f. 1.4.2007, but this provision does not dent the otherwise eligibility u/s 80P(2)(d) of the Act of a co-operative society on interest income on investments/deposits parked with a co-operative bank, which is a registered co-operative society as per section 2(19) of the Act, defining co-operative society to mean a co- operative society registered under the Co-operative Societies Act, 1912 or under any law for the time being in force. The assessee is also a Co-operative society registered.

4.

Similar view has been taken by the Pune Benches of the Tribunal in several cases including The Sesa Goa Employees Coop.

Credit Society Ltd. Vs. ACIT (ITA No.203/PUN/2019, order dated 16-11-2022). In view of the foregoing discussion, we are satisfied that the AO rightly allowed deduction u/s.80P(2)(a) on interest income and the ld. PCIT was not justified in interfering with the same. The impugned order is set aside.

5.

In the result, the appeal is allowed.

Order pronounced in the Open Court on 13th December, 2022.

Sd/- Sd/- (PARTHA SARATHI CHAUDHURY) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; �दनांक Dated : 13th December, 2022 Satish

Sonai Gramin Bigarsheti Sah Patsanstha Maryadit

आदेश क� ��त�ल�प अ�े�षत/Copy of the Order is forwarded to:

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