CPI55TPRCTOEMPANDTPRCORPPANELEMIDSCHOOL TEACHER COOPT AND SOCIETY,TIRUPUR vs. ADDL (OR) JCIT (A)-1, LUCKNOW

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ITA 191/CHNY/2024Status: DisposedITAT Chennai17 April 2024AY 2021-22Bench: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI (Judicial Member)3 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that interest earned on deposits with District Central Cooperative Banks is business income and eligible for deduction under Section 80P(2)(d). The AO was directed to verify the nature of the banks and allow the deduction if correct.

What were the facts?

The assessee, a cooperative society, was denied deduction under Section 80P(2)(d) for interest earned from investments in cooperative banks. The CIT(A) confirmed this disallowance, stating the deduction was only for interest from cooperative societies, not banks.

What were the issues?

Whether interest earned by a cooperative society from deposits in cooperative banks is eligible for deduction under Section 80P(2)(d) of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 80P(2)(d)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH, CHENNAI

Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI MANU KUMAR GIRI, JM

INआयकर अपीलीय अिधकरण ‘सी’ �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI माननीय +ी मनोज कुमार अ/वाल ,लेखा सद3 एवं माननीय +ी मनु कुमार िग7र, �ाियक सद3 के सम8। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI, JM आयकरअपील सं./ (िनधा9रणवष9 / Assessment Year: 2021-22) CP155 TPR CTO EMP AND TPR ITO CORP PANEL MID SCHOOL CHE-W-(68)(12) TEACHER COOP THRIFT AND Ward-1(2), बनाम/ Vs. CREDIT SOCIETY Tiruppur. Angeripalayam Main Road, Gandhi Nagar PO Near Bishop School, Tiruppur-641 603. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AAALC-1512-B (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : None � थ�कीओरसे/Respondent by : Shri P. Sajit Kumar (JCIT)-Ld. Sr. DR सुनवाई की तारीख/Date of Hearing : 17-04-2024 घोषणा की तारीख /Date of Pronouncement : 17-04-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

Aforesaid appeal by assessee for Assessment Year (AY) 2021-22 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 24-11-2023 in the matter of an intimation issued by CPC u/s 143(1) of the Act on 19-10-2022. In the intimation, the assessee was denied deduction u/s 80P(2)(d) for Rs.18.91 Lacs. The same represent interest earned by the assessee from investment made in cooperative banks. The Ld. CIT(A) confirmed the disallowance on the ground that deduction could be allowed only against interest earned from co- operative societies and not against co-operative banks. Aggrieved, the assessee is in further appeal before us.

2.

At the time of hearing, none appeared for assessee. The Ld. Sr. DR pleaded for dismissal of the appeal. 3. We find that this issue is covered in assessee’s favor by the decision of this Tribunal in Varathappam Palayam Primary Agricultural Co-op. Credit Society Vs. ITO (ITA No.282/Chny/2021 dated 29.06.2022) wherein the bench by following decision of the Hon'ble High Court of Madras in the case of The Salem Agricultural Producers Co-operative Marketing Society Ltd. Vs ITO in TCA No.5 of 2015 dated 10.08.2016 held that interest earned on deposits with District Central Co-operative Banks is assessable under the head ‘business income’ of the co-operative society and consequently, benefit of section 80P(2)(d) is available on interest income. Respectfully following the same, we direct Ld. AO to verify the claim of the assessee that the interest was earned from co-operative banks who are registered as co-operative societies and allow the impugned deduction, if found correct. 4. The appeal stands allowed for statistical purposes. Order pronounced in open court on 17th April, 2024.

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