SAI PRERNA CO OP SOCIETY LTD,MUMBAI vs. ITO WD 12(1)(2), MUMBAI

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ITA 1308/MUM/2017Status: DisposedITAT Mumbai30 January 2018AY 2009-103 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the assessee is entitled to Section 80P deduction on eligible activities and also for service charges recovered, including the expenditure incurred for collecting them. The issue was restored to the AO for verification and allowance.

What were the facts?

The assessee, a co-operative credit society, claimed deductions under Section 80P on its profits derived from lending to members and service charges for collecting electricity bills. The Assessing Officer disallowed expenditure incurred for collecting service charges.

What were the issues?

Whether the assessee is eligible for Section 80P deduction on all its activities and whether expenditure incurred for collecting service charges should be allowed.

Which sections of the Income-tax Act were involved?

Section 80P

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI

Before: SHRI D.T. GARASIA

For Appellant: Shri Vijay Rao S. Tambe, A.R
For Respondent: Ms. N. Hemalatha, Sr. D.R
Hearing: 11.12.2017Pronounced: 30.01.2018

Per D.T. Garasia, Judicial Member:

1.

The present appeals have been preferred by the assessee against the common order dated 10.11.2016 of the Commissioner of Income Tax (Appeals) [hereinafter referred to as the CIT(A)] relevant to assessment years 2009-10 & 2010-11. Since the facts and issues involved therein are identical in nature, hence the same are taken together for disposal by this common order.

2.

The short facts of the case are as under: The assessee is a co-operative credit society whose main function is to advance loans to the members. The claim of the society is that the funds are generated on account of shares of members and deposits received from them. The assessee is also entitled to borrow loan from District Central Co-operative Bank Ltd. The main source of receipt of society’s interest received on account loans advanced to members. The profits are distributed amongst the members in the form of dividend. The assessee has also collected the electricity bill on behalf of the Maharashtra State Electricity Distribution Company Ltd. The assessee also received service charges for collecting the electricity bills but the expenditure incurred for collecting the fees was not allowed by the Assessing Officer (hereinafter referred to as the AO).

3.

During the course of hearing, the Ld. A.R. has filed the copy of original profit & loss account along with the balance sheet on 31.03.09. Profit & loss account was liable for deduction under section 80P. The Ld. A.R. submitted before me the reconciliation of assessment order and present working, xerox copy of notice of demand and assessment order. Similarly in assessment year 2010-11 similar document is submitted before me.

4.

Having heard both the parties, I am of the view that assessee is entitled for 80P deduction only on the activities which are liable under 80P. At the same time, the assessee is also entitled for the service charges recovered but assessee also entitled for the expenditure for collecting the same. Therefore, in the interest of justice and fairplay, I restore this issue back to the file of AO and the AO is directed to allow the claim of 80P which is submitted before me after verification of the same.

5.

In the result, both the appeals of the assessee are allowed.

Order pronounced in the open court on 30.01.2018.

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