CHENTRAPPINI SERVICE CO-OPERATIVE BANK LTD.,THRISSUR vs. ITO, THRISSUR
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal, following the jurisdictional High Court's decision in Pr.CIT v. Peroorkada SCB Ltd., held that interest income earned from co-operative banks is eligible for deduction under Section 80P(2)(d). The appeals were allowed based on this precedent.
What were the facts?
The assessee, a Co-operative Society, claimed deduction under Section 80P on interest income earned from deposits made in co-operative banks. The lower authorities disallowed this deduction, treating the interest as income from 'other sources'.
What were the issues?
Whether interest income earned by a co-operative society from deposits in co-operative banks is eligible for deduction under Section 80P of the Income-tax Act.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(3)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Totgars Co-operative Sale Society Ltd. v. ITO1,283 citing322 ITR 283 · 2010 · SC
- Pr. CIT v. Totagars1,074 citing395 ITR 611 · 2017 · HC
- PCIT v. Peroorkada Service Co-op. Bank Ltd.208 citing442 ITR 141 · 2022 · HC
Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri Satbeer Singh Godara & Shri Amarjit Singh
Heard together (6 matters)
Read from the judgment's own cause title. This page is filed under one of them.
These assessee’s three appeals to 537/Coch/2023 (alongwith its as many stay applications SA Nos.110-112/Coch/2023 therein), arise against the CIT(A)/NFAC, as many DIN & Order Nos.ITBA/NFAC/S/250/ 2023-24/1052898209(1) (for asst.year 2009-2010), ITBA/NFAC/S/250/2023-24/1052897110(1) (for asst.year & SA Nos.110-112/Coch/2023 Chentrappini Service Co-op Society Ltd. 2010-2011), ITBA/NFAC/S/250/2023-24/1052894077(1) (for asst.year 2016-2017), all dated 17.05.2023, in proceedings u/s.143(3) of the Income-tax Act, 1961; in short “the Act” hereinafter, assessment year-wise, respectively.
Heard both the parties at length. Case files perused.
It emerges at the outset that the assessee’s appeals raise its identical sole substantive ground claiming sec.80P deduction claim involving various interest income from deposits made in co-operative banks disallowed in both the lower proceedings. Learned CIT-DR vehemently argued that in the light of Totagar’s Co-operative Sale Society Ltd. v. ITO reported in (2010) 322 ITR 283 (SC) and Pr.CIT & Anr. v. Totagars Co-operative Sale Society reported in (2017) 395 ITR 611 (Kar.), such an interest income has to be treated as income from “other” sources only. We note that the hon’ble jurisdictional high court in Pr.CIT v. Peroorkada SCB Ltd. [2022] 442 ITR 141 (Ker) has already decided the instant issue in assessee’s favour and against the Revenue, as under:- “12.2 Section 80P deals with Co-operative Societies' computation of income. As already noted, it has four sections and several sub-sections and clauses. The Parliament has considered the various situations in which the exigible income and the deductable income of the assessee is considered while computing the income of the assessee. For getting deduction, in our considered view, the assessee must also establish that the interest income earned by the assessee is from a Co-operative Society. As a matter of fact, in the case on hand, there is no dispute that it is not from a Co-operative Society registered under Kerala Co-operative Societies Act. The interest income earned from District Co-operative Bank/State Co-operative Bank, in the facts and circumstances of the case, do come & SA Nos.110-112/Coch/2023 Chentrappini Service Co-op Society Ltd. within Section 80P(2)(d). Therefore, the income constitutes income from other sources and the only eligible deduction is covered by Section 80P(2)(d) viz. Interest or dividend derived by the assessee from its investments with any other Co- operative Society. The source of interest income is from Bank and Treasury, interest income received from Treasury be included in the computation of total income of the assessee. In other words, interest earned from Treasury is inadmissible for deduction and interest income from Co-operative Societies registered under the Kerala Co-operative Societies Act are eligible for deduction. The contra consideration of Commissioner of Income Tax (Appeals) and the Tribunal is incorrect and liable to be modified as stated above. Hence, it is held that the interest income earned by the assessee does not come within the ambit of Section 80P(2)(a)(i) and permissible deduction of interest income is limited to Co-operative Societies/Banks registered under Kerala Co-operative Societies Act under clause (d) of the Act and effect order on the above lines is made by the Assessing Officer. The questions are accordingly answered.”
We adopt the foregoing detailed discussion mutatis mutandis to accept the assessee’s instant identical sole substantive ground of sec.80P deduction. Necessary computation shall follow as per law in very terms. Its three appeals 536/Coch/2023 & 537/Coch/2023 are allowed and stay applications SA Nos. 110-112/Coch/2023 stand rendered infructuous. A copy of the common order be placed in the respective case files.
Order pronounced in the open court on this 23rd Day of October, 2024.
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