ALA SERVICE CO-OPERATIVE BANK LTD.NO.R 321,KODUNGALLUR vs. INCOME TAX OFFICER, AAYAKAR BHAVAN
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the assessee is not entitled to deduction under Section 80P(2)(d) because the return of income was not filed in time. However, the benefit of expenses attributable to interest income was not withdrawn as the Revenue did not appeal or file cross-objections.
What were the facts?
The assessee, a co-operative bank, did not file its return of income within the prescribed time and filed it only after a notice under Section 148 was issued. The Assessing Officer disallowed the deduction claimed under Section 80P(2)(d) for interest income.
What were the issues?
Whether a co-operative bank is entitled to deduction under Section 80P(2)(d) when its return of income is filed belatedly after a Section 148 notice.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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- Nileshwar Range Kallu Chethu Vyavasaya Thozhilali Sahakarana Sangham v. CIT76 citing459 ITR 730 · 2023 · HC
Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri Inturi Rama Rao & Shri Prakash Chand Yadav
Asst.Year 2010-2011 Ala Service Co-operative Bank The Income Tax Officer Limited No.R-321 Ward 2(1) v. Thrissur. Santhipuram PO.O. Kodungallur Thrissur – 680 668. PAN : AADAA5833H. (Appellant) (Respondent) Appellant by :Sri.C.A.Jojo, Advocate Respondent by : Smt.Leena Lal, Senior AR Date of Pronouncement : 30.12.2024 Date of Hearing : 10.12.2024 O R D E R
Per Prakash Chand Yadav, JM :
The present appeal of the assessee is arising from the order of the learned Commissioner of Income-tax (Appeals) dated 13th June, 2023 and it relates to the assessment year 2010-2011.
Brief facts of the case are that the assessee is a co- operative bank registered under the Kerala Co-operative Societies Act, 1969. During the relevant previous year, it was engaged in banking business and also in retail trading business. Its area of operation is within the territories of the Sreenarayanapuram village in Thrissur District. For the impugned assessment year, the assessee has not filed its . Ala SC.B Limited. return of income, but has only filed the return income after issuance of notice u/s.148 of the Income-tax Act, 1961. During the course of reassessment proceedings, the Assessing Officer observed that the assessee has earned interest on fixed deposits and has claimed deduction u/s.80P(2)(d) of the Act in respect of this income. However, the AO disallowed the claim of the assessee u/s.80P(2)(d) and assessed the interest income under the head “income from other sources”(IOS).
Aggrieved with the order of the AO, the assessee preferred an appeal before the learned CIT(A) and contended that the assessee is entitled to claim deduction of interest income u/s.80P(2)(d) of the Act. The ld.CIT(A) allowed the appeal of the assessee in part, inasmuch as the ld.CIT(A) has directed the A.O. to allow the deduction of expenses which the assessee might have incurred for earning interest income.
Still aggrieved with the order of the ld.CIT(A), the assessee has come up in appeal before us. The learned Counsel for the assessee contended that the claim of the assessee with respect to the interest income shall be allowed in terms of the provisions of sec.80P(2)(d) of the Act.
The learned Departmental Representative appearing on behalf of the revenue contended that the assessee is not even entitled for the deduction of interest expenses because the assessee has not filed the return of income in terms of the provisions of sec.139(1) or 139(4) of the Act. The learned DR
After considering the rival submissions and perusing the material available on record, we are of the view that the assessee is not entitled for deduction of sec.80P(2)(d) of the Act in view of the judgment of the Hon’ble jurisdictional High Court in the case of Nileshwar Range Kallu Chethu Vyavasaya Thozhilali Sahakarana Sangham v. CIT reported in 459 ITR 730, wherein it has been held that where an assessee could not file the return of income in time, then the deduction of sec.80P is not available. However, we are not withdrawing the benefits of the allow ability of expenses attributable to the interest income for the reason that the Revenue has not come up in appeal or filed any cross objection before us.
In the result, the appeal filed by the assessee is dismissed with respect to the issue agitated before us. Order pronounced on this 30th day of December, 2024.
More judgments on Section 80P(2)(d)
- Duddukuru Primary Agricultural Cooperative… vs ITO, Ward - 1, TadepalligudemITA 258/VIZ/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- S R P Jutha 13 Rajkot VI and Gr S Ma, Rajkot vs ITO WD 1(2)(1) Rajkot, RajkotITA 951/RJT/2025[2017-18]Status: Disposed9 Oct 2026AY 2017-18
- Poonam Chambers B Wing Commercial Premises… vs Deputy Commissioner Income Tax, MumbaiITA 7044/MUM/2026[2021-2022]Status: Disposed8 Oct 2026AY 2021-2022
- Poonam Chambers B Wing Commercial Premises… vs Deputy Commissioner Income Tax, MumbaiITA 7043/MUM/2026[2019-20]Status: Disposed8 Oct 2026AY 2019-20
- Suvarnakarara Co-Operative Society Limited… vs Income Tax Officer, Ward - 2, KarwarITA 210/PAN/2025[2020-21]Status: Disposed7 Oct 2026AY 2020-21
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