Facts
The assessee, a cooperative society, filed its return declaring Nil income after claiming deductions under Section 80P(2)(a)(i) for AY 2021-2022. The AO disallowed interest income of Rs. 2,14,662/- earned on fixed deposits with a nationalized bank, stating it was not eligible for deduction under Section 80P(2)(d). The CIT(A) set aside the issue to the AO for verification.
Held
The Tribunal held that as per Section 80P(2)(d), only interest earned from deposits with other cooperative societies is eligible for deduction. Interest earned from nationalized banks is not eligible for deduction, as confirmed by the Supreme Court in the case of Bengaluru Club vs. CIT. The assessee's reliance on other High Court decisions was found not applicable as they were rendered prior to the Supreme Court ruling.
Key Issues
Whether interest income earned by a cooperative society from fixed deposits with a nationalized bank is eligible for deduction under Section 80P(2)(d) of the Income-tax Act, 1961.
Sections Cited
80P(2)(a)(i), 80P(2)(d)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, Hyderabad “SMC” Bench, Hyderabad
आदेशकी प्रनतनलनप अग्रेनर्त/ Copy of the order forwarded to:-
1. 1. निर्धाररती/The Assessee : UOH Staff Cooperative Credit Society, University of Hyderabad, Admin Block back side, above SBI, Prof C R Rao Road, Gachibowli – 500046, Hyderabad, Telangana. 2. रधजस्व/ The Revenue : The Income Tax Officer, Ward – 8(1), Hyderabad.
3. The Principal Commissioner of Income Tax, Hyderabad. 4. नवभधगीयप्रनतनिनर्, आयकर अपीलीय अनर्करण, हैदरधबधद / DR, ITAT, Hyderabad 5. गधर्ाफ़धईल / Guard file
आदेशधिुसधर / BY ORDER
Sr. Private Secretary ITAT, Hyderabad.