SHREE CHANNABASAVA PATTINA SOUHARDHA SAHAKARI NIYAMITHA,GANGAVATHI vs. INCOME TAX OFFICER, BANGALORE

PDF · subscribers
ITA 2303/BANG/2016Status: DisposedITAT Bangalore28 November 2017AY 2012-132 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal confirmed the order of the CIT(A) after carefully examining it. No infirmity was found in the CIT(A)'s adjudication of the issues raised.

What were the facts?

The assessee appealed against the CIT(A)'s order regarding the exemption of interest earned on deposits and other income attributable to banking activities. The assessee argued that these incomes should be deductible under Section 80P of the Income Tax Act.

What were the issues?

Whether interest earned on deposits and other income attributable to banking activities are eligible for deduction under Section 80P of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 80P

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC-C” BENCH : BANGALORE

Before: SHRI SUNIL KUMAR YADAV

For Respondent: Shri. M. Rajasekhar, Addl. CIT
Hearing: 27.11.2017Pronounced: 28.11.2017

Per Sunil Kumar Yadav, Judicial Member

1.

This appeal is preferred by the assessee against the order of CIT(A), inter alia, on the following grounds:

1. The Learned Assessing officer as well as the 1 t Appellate authority not justified in considering the law on point that the interest earned on the deposit made by the Assessee in banking activities is exempted under Section 80P of Income Tax Act, as held in Commissioner of Income Tax and Anrs Vs Grain Merchants Co-operative Bank Ltd as well in Sri Renukadevi Urban Credit Co-op Society Ltd.

2. The Learned Assessing officer as well as the 1st Appellate authority not considered the provision of Section 80 (2) (a) (1) not only income from business of banking or providing credit facility to its member is eligible for deduction but also any income "attributable" to such activities is eligible for deduction under section 80 P (2) (a). Wherefore commission earned, penal charges collected from pigmy agents and miscellaneous income earned in course of credit business are considerable income attributable to activities of banking. Hence both the authorities committed an error in disallowing the. deduction in respect of miscellaneous incomes, commission as well as the penal charges and pigmy. 3. For all these grounds and other reasons that may be urged at the time of arguments, the appeal may be allowed.

2.

This appeal came up for hearing on 27.11.2017 but none appeared despite valid service of notice of hearing. I therefore had no option but to hear the appeal ex-parte and accordingly revenue was heard.

3.

I have carefully examined the order of the CIT(A) in the light of the rival submissions and I find that CIT(A) had adjudicated the issue raised before it in detail and since I do not find any infirmity therein, I confirm his order.

4.

In the result, appeal of the assessee is dismissed. Pronounced in the open court on 28th November, 2017.

More judgments on Section 80P

All 5,069 judgments and leading authorities on Section 80P →

Recent GST High Court judgments

Search GST case law →