SHRI BASAVESHWAR URBAN CO-OPERATIVE CREDIT SOCIETY LTD,MUDALAGI vs. THE PRINCIPLE COMMISSIONER OF INCOME TAX, HUBLI

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BEFORE SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER & SHRI G D PADMAHSHALI ACCOUNTANT MEMBER I T A. No.78/PAN/2025 (A.Y.2020-21) Shri Basaveshwar Urban Vs. Pr.CIT, Co_op Credit Society C.R.Building, Mudalagi, Navanagar, Belagavi-591312, Hubli-580025, Karnataka Karnataka. PAN .No.AAAAS6800M (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) Assessee by Shri.Saidappa Gadadi.AR Revenue by Shri.Captain Pradeep Arya.CIT.DR सुनवाई की तारीख/Date of Hearing 11.08.2025 घोषणा की तारीख/Date of 14.08.2025 Pronouncement ORDER PER PAVAN KUMAR GADALE JM: The assessee has filed the appeal against the order of the Pr. Commissioner of Income Tax (Pr.CIT) Hubli passed u/s 263 of the Act. The assesse has raised the grounds of appeal challenging the revision order passed by the Pr.CIT set aside the order passed by the assessing officer. 2. The brief facts of the case are that, the assessee is a cooperative credit society and has filed the return of income for the A.Y 2020-21 on 04.01.2021 disclosing a total income of

ITA Nos.78/PAN/2025 Shri. Basaveshwar Urban Co-operative Credit Society Ltd. - 2 - Rs.Nil/- after claiming deduction u/sec 80P of the Act. Subsequently the case was selected for scrutiny under CASS and notice u/sec 143(2) and u/sec 142(1) of the Act are issued calling for details in respect of claims and the information supporting the return of income filed. The assesse has filed the details on 18.03.2022 and the Assessing Officer (A.O) has dealt on the submissions/details and also accepted the returned income and assessed the total income of Rs.NIL and passed the order u/sec 143(3) r.w.s144B of the Act dated 20.08.2022. 3. Subsequently, the Pr. CIT on perusal of the records and information found that the order passed by the AO under section 143(3) r.w.s 143B of the Act is erroneous and prejudicial to the interest of the revenue and issued revision notice U/sec 263 of the Act. The Pr.CIT is of the view that the interest income from cooperative banks is not entitled to deduction u/sec 80P(2)d of the Act. In compliance to the notice u/sec263 of the Act, the assessee has the details and explanations through e –filling portal. Whereas the Pr.CIT was not satisfied with the explanations and submissions and is of the opinion that the order passed by the AO is erroneous and prejudicial to the interest of the revenue, and accordingly issued directions to the AO and set-aside the order 143(3) r.w.s 143B of the Act and has passed order u/s 263 of the Act dated

ITA Nos.78/PAN/2025 Shri. Basaveshwar Urban Co-operative Credit Society Ltd. - 3 - 22.03.2025. Aggrieved by the order of the Pr.CIT, the assessee has filed an appeal before the Hon’ble Tribunal. 4. At the time of hearing, the Ld. AR submitted that the Pr. CIT has erred in considering the order passed by the AO is erroneous and prejudicial to the interest of the revenue, irrespective of the fact that the assessee has complied with the information and the notices through ITBA and the A.O. having verified and examined the facts has accepted the same. The Ld. AR submitted that the assessee has disclosed the interest income and deposits held with the co-operative banks and co- operative societies and further the deduction of interest on deposits with the cooperative bank has to allowed u/sec 80P2(d) of the Act as the cooperative bank is treated as a cooperative society for eligibility of deduction u/s 80P(2)(d) of the Act. The AO having considered these facts, has applied his mind and made an enquiry on details filed and also complied with the scrutiny guidelines and accepted the returned income. Whereas the observations of the Pr. CIT in the revision order are in correct.Further the Ld. AR substantiated the submissions with factual paper book and judicial decisions and prayed for allowing the appeal.

ITA Nos.78/PAN/2025 Shri. Basaveshwar Urban Co-operative Credit Society Ltd. - 4 - 5. Per Contra, the Ld. DR submitted that the AO has not considered the facts and overlooked the provisions of section 80P of the Act and has not conducted enquiry and the Ld. DR relied on the order of the Pr.CIT. 6. We heard the rival submissions and perused the material on record. The Ld.AR envisaged that the order passed by the Pr.CIT is bad in law as the order revised under revision proceedings passed by the Pr. CIT is not erroneous and not prejudicial to the interest of the revenue. The contentions of the Ld. AR that, the AO has considered the submissions, facts of interest income on deposits with the Cooperative banks and the eligibility of claim of deduction. The Ld. AR referred to the notice issued u/s 143(2) of the Act at page 3 to 10 of the paper book emphasizing that the AO has called for the details in respect of complete scrutiny under CASS to verify the issues of (i) High Creditors/Liabilities (ii) Investments/Advances/Loans and (iii) Deduction from total income under chapter VI-A. The assessee has also received notice u/s 142(1) of the Act dated 9- 11-2021 from the AO placed at page 11 to 13 of the paper book, in particular the AO has called the details as per the annexure and particularly in point (i) placed at page 12 “Details of deposits held with banks/cooperative banks/Co-op societies during the relevant year and interest receipts thereon

ITA Nos.78/PAN/2025 Shri. Basaveshwar Urban Co-operative Credit Society Ltd. - 5 - with the documentary evidence”. The A.O has also issued again notice u/sec 142(1) of the Act on 13-12-2021 and 24-02-2022 placed at page 14&15 of the paper book. 7. Whereas the assessee has filed the details through ITBA portal with the voluminous submissions as called for in lieu of notice u/s 142(1) of the Act on 18-03-2022 and the e- proceedings response acknowledgements are placed at page 16 to 25 of the paper book. Further the Ld.AR referred to the submissions in respect of investment with the other bank and society and interest income in the F.Y.2019-20 placed at page 27 to 31 of the paper book. The Ld. AR emphasized that the interest income derived by a co-operative society from its deposits with the co-operative bank would be entitled for deduction U/sec 80P (2)(d) of the Act. The Ld.AR highlighted that the asssesse has received interest on fixed deposits with the co-operative bank and the Co-opbank is treated as a cooperative society for eligibility of deduction u/s 80P(2)(d) of the Act. The AO has considered these facts in the assessment proceedings and accepted the return of income and it cannot be disturbed. Further the Ld. AR submitted that the Pr. CIT has erred in set aside the order of the AO which does not satisfy the twin conditions of erroneous and prejudicial to the interest of the revenue. The Ld. AR also submitted that explanation (2)

ITA Nos.78/PAN/2025 Shri. Basaveshwar Urban Co-operative Credit Society Ltd. - 6 - to Sec. 263 of the Act are to be considered only when the AO has not applied his mind and no the facts are verified and no enquiry was conducted. The Ld. AR contended that the assessee has complied with the statutory notices and filed reply online through ITBA.

ITA Nos.78/PAN/2025 Shri. Basaveshwar Urban Co-operative Credit Society Ltd. - 7 - passed therein, by the Assessing Officer is erroneous in so far as it is prejudicial to the interests of the Revenue, to pass an order upon hearing the assessee and after an enquiry as is necessary, enhancing or modifying the assessment or cancelling the assessment and directing a fresh assessment. The key words that are used by section 263 are that the order must be considered by the Commissioner to be “erroneous in so far as it is prejudicial to the interests of the Revenue”. This provision has been interpreted by the Supreme Court in several judgments to which it is now necessary to turn. In Malabar Industrial Co. Ltd. v. CIT [2000] 243 ITR 83, the Supreme Court held that the provision “cannot be invoked to correct each and every type of mistake or error committed by the Assessing Officer” and “it is only when an order is erroneous that the section will be attracted”. The Supreme Court held that an incorrect assumption of fact or an incorrect application of law, will satisfy the requirement of the order being erroneous. An order passed in violation of the principles of natural justice or without application of mind, would be an order falling in that category. The expression “prejudicial to the interests of the Revenue”, the Supreme Court held, it is of wide import and is not confined to a loss of tax. What is prejudicial to the interest of the Revenue is explained in the judgment of the Supreme Court (headnote) “The phrase ‘prejudicial to the interests of the Revenue’ has to be read in conjunction with an erroneous order passed by the Assessing Officer. Every loss of revenue as a consequence of an order of the Assessing Officer, cannot be treated as prejudicial to the interests of the Revenue, for example, when an Income-tax Officer adopted one of the courses permissible in law and it has resulted in loss of revenue, or where two views are possible and the Income-tax Officer has taken one view with which the Commissioner does not agree, it cannot be treated as an erroneous order prejudicial to the interests of the Revenue unless the view taken by the Income-tax Officer is unsustainable in law.”

ITA Nos.78/PAN/2025 Shri. Basaveshwar Urban Co-operative Credit Society Ltd. - 8 - The principle which has been laid down in Malabar Industrial Co. Ltd. [2000] 243 ITR 83 (SC) has been followed and explained in a subsequent judgment of the Supreme Court in CIT v. Max India Ltd. [2007] 295 ITR 282.”

ITA Nos.78/PAN/2025 Shri. Basaveshwar Urban Co-operative Credit Society Ltd. - 9 - for a fresh decision to the Assessing Officer to conduct further enquiries without a finding that the order is erroneous. Finding that the order is erroneous is a condition or requirement which must be satisfied for exercise of jurisdiction under section 263 of the Act. In such matters, to remand the matter to the Assessing Officer would imply and mean the Commissioner of Income tax has not examined and decided whether or not the order is erroneous but has directed the Assessing Officer to decide the aspect/question….” Similar view has been expressed by Hon’ble Madras High Court in the case of CIT Vs. Amalgamations Ltd (238 ITR 963).

ITA Nos.78/PAN/2025 Shri. Basaveshwar Urban Co-operative Credit Society Ltd. - 10 - should put all the discussions/observations in the assessment order, as per explanations (2) to sec 263 of the Act the authority has to invoke provisions only when there is no verification and enquiry conducted by the A.O. Whereas the A.O has applied his mind and verified the facts. The Ld. AR referred to the submissions, financial statements, judicial decisions and explanations filed before the A.O. We find the Hon’ble High Court of Bombay in CIT Vs. Gabriel India Ltd.(203 ITR 108) has observed as under: Section 263 of the Income-tax Act, 1961 - Revision - Of orders prejudicial to interests of revenue - Assessment year 1973-74 - Assessee claimed a sum of Rs. 99,326 described 'as plant relay out expenses' as revenue expenditure and ITO, after making enquiries in regard to nature of said expenditure and considering explanation furnished by assessee in that regard, allowed assessee's claim - Subsequently, Commissioner, exercising powers under section 263, cancelled order of ITO observing that order of ITO did not contain discussion in regard to allow ability of claim for deduction which indicated non- application of mind and that claim of assessee required examination as to whether expenditure in question was a revenue or capital expenditure and directed ITO to make a fresh assessment on lines indicated by him - Whether under section 263 substitution of judgment of Commissioner for that of ITO is permissible - Held, no - Whether ITO's conclusion can be termed as erroneous simply because Commissioner does not agree with his conclusion - Held, no - Whether ITO's order could be held to be 'erroneous' simply because in his order he did not make an elaborate discussion - Held, no - Whether provisions of section 263 were applicable to instant case and Commissioner was justified in setting aside assessment order - Held,

ITA Nos.78/PAN/2025 Shri. Basaveshwar Urban Co-operative Credit Society Ltd. - 11 -

-S/d- -S/d- (GD PADMAHSHALI) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER Panaji Dated: 14/08/2025 Copy of the Order forwarded to: 1. The Appellant, 2. The Respondent 3. The PR.CIT 4. CIT

ITA Nos.78/PAN/2025 Shri. Basaveshwar Urban Co-operative Credit Society Ltd. - 12 - 5. DR, ITAT, 6. Guard file. //True Copy// BY ORDER, (Asstt. Registrar)ITATPanaji

Initial Date 1. Draft dictated on PS 2. Draft placed before author PS