ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE -2,, KOLHAPUR vs. M/S. KOLHAPUR DISTRICT CENTRAL CO-OP BANK LTD,, KOLHAPUR

These two cross appeals – one by the Revenue and the other by the assessee - arise out of the order passed by the CIT(A)-2, Kolhapur on 01-06-2018 in relation to the assessment year 2013- 14.

There is a delay of 649 days in filing the appeal by the assessee. An affidavit has been filed stating the reasons for the delay. We are satisfied with the reasons so stated. Therefore, we condone the delay and admit the appeal for disposal on merits.

The only issue raised by the assessee in its appeal is against the confirmation of disallowance of Rs.7,43,550/- received by assessee as nominal membership fee.

Briefly stated, the facts of the case are that the assessee is a co-operative bank. A sum of Rs.7,43,550/- was received by it, which was credited to Reserve Fund account. On being called upon to explain as to why it was not offered for taxation, the assessee submitted that it was in the nature of entry fee and nominal membership fee recovered from shareholder-members.

We have heard both the sides and gone through the relevant material on record. At the outset, the ld. AR placed on record a copy of the order dated 09-05-2019 passed by the Tribunal in Shri Rukmini Sahakari Bank Ltd. Vs. ACIT (in in which similar issue has been restored to the file of the AO for examining the same in the light of nominal members having capital adequacy vide Circular sated 01-08-2009 issued by RBI and extract of that assesse’s bye-laws. The ld. AR fairly submitted that the facts and circumstances of the assessee’s ground are similar. In view of the order passed by the Tribunal on similar issue in identical circumstances, we set-aside the impugned order and remit the matter to the file of the AO for deciding this issue afresh in conformity with the directions given in the aforenoted Tribunal order.

The only effective ground raised by the Revenue in its appeal is against deletion of addition of Rs.9,74,26,133/-, being, overdue interest on NPAs.

The facts apropos this issue are that the assessee debited overdue interest of Rs.9.74 crore in its Profit and loss account. It was explained that the provision for the overdue interest was made as per the guidelines of the RBI. The AO made the disallowance. When the matter came up for consideration in the first appeal, the ld. CIT(A) observed that it was in the nature of interest on NPAs account credited by the assessee. Relying on certain Tribunal orders, the ld. CIT(A) deleted the addition, against which the Revenue has come up in appeal before the Tribunal.

Having heard both the sides and gone through the relevant material on record, it is seen that the only issue raised by the Revenue is against the non-taxability of interest on NPAs and not the disallowance of overdue interest. The Tribunal, in its order in Dapoli Urban Cooperative Bank, as taken note of in para 5.2 of the impugned order, has held that interest on NPAs cannot be assessed as income, unless the amount is actually received. In our considered opinion, there is no infirmity in the impugned order following such an order. We, therefore, countenance the same.

In the result, the appeal of the assessee is allowed for statistical purposes and that of the Revenue is dismissed. Order pronounced in the Open Court on 11th August, 2022.