ORISSA STATE CO-OPERATIVE HANDICRAFTS CORPORATION LTD.,BHUBANESWAR vs. DCIT, CIRCLE-4(1), BHUBANESWAR
What did the Tribunal hold?
The Tribunal held that interest income from surplus funds not immediately required for business and rental income from shops/offices are not eligible for deduction under Section 80P. However, employee's contribution to PF deposited before the due date of filing the return of income is allowable.
What were the facts?
The assessee, a co-operative society, earned interest income from bank deposits and rental income from shops/offices. The Assessing Officer disallowed deduction under Section 80P for these incomes, considering them as income from other sources and not business income. The assessee also faced disallowance for delayed deposit of employee's contribution to PF.
What were the issues?
Whether interest income and rental income earned by a co-operative society from surplus funds and non-business premises are eligible for deduction under Section 80P. Whether disallowance of employee's contribution to PF is justified if deposited before the due date of filing the return of income.
Which sections of the Income-tax Act were involved?
Section 80P,Section 56,Section 2(24)(x),Section 36(1)(va),Section 43B,Section 139(1)
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(11)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.
- CIT v. AIMIL Ltd.1,629 citing321 ITR 508 · 2010 · HC · Read judgment
- Totgars Co-operative Sale Society Ltd. v. ITO1,283 citing322 ITR 283 · 2010 · SC
- State Bank Of India v. CIT817 citing72 Taxmann.com 64 · 2016 · HC
- CIT v. Ghatge Patil Transports Ltd.609 citing368 ITR 749 · 2014 · HC
- Mantola Co-operative Thrift & Credit Society Ltd. v. CIT242 citing50 Taxmann.com 278 · 2014 · HC · Read judgment
- CIT v. Triputi Wollen Mills Limited27 citing193 ITR 252 · 1992 · HC
- Snam Progetti S.P.A v. Additional Commissioner of Income Tax, New Delhi24 citing132 ITR 70 · 1981 · HC
- Udaipur Sahakari Upbhokta Thok Bhandar Ltd. v. CIT18 citing182 Taxmann 287 · 2009 · SC · Read judgment
- Mantola Co-operative Thrift & Credit Society Ltd. v. Commissioner of Income-tax7 citing70 Taxmann.com 296 · 2016 · SC
- CIT v. A.P. Industrial Infrastructure Corporation Ltd.4 citing175 ITR 361 · 1989 · HC
- Bihar Rajya Sahkari Bhoomi Vikas Co-operative Bank Ltd. v. CIT3 citing186 Taxmann 54 · 2010 · HC
Income Tax Appellate Tribunal, CUTTACK
Before: SHRI N.S SAINI
This is an appeal filed by the assessee against the order of CIT(A)—
2, Bhubaneswar, dated 30.11.2016, for the assessment year 2012-13.
The issue involved in Ground Nos.1,2,3,4 & 5 of the apepal is that
the ld CIT(A) erred in not allowing deduction u/s. 80P of the Act on the
following income of the assessee:
i) Interest on fixed with Bank of Baroda : Rs.7,05,927/- ii) Interest on S.B.A/c. with BOB : Rs.2,70,706/- iii) Interest on F.D. with OSCB : Rs.8,03,082/- Rs: 17,79,725/-
2 ITA No. 66/ CTK/2017 Asse ssment Year : 20 12- 201 3
I have heard the rival submissions and perused the orders of lower
authorities and materials available on record. The brief facts of the case
are that the Assessing Officer observed that the assessee has created
certain reserve funds from year to year and parked its surplus income in
the form of fixed deposits in different banks resulting in substantial interest
income. Since the funds created by such retention was not required
immediately for business purposes, it was invested in specified securities.
Therefore, such interest income is actually to be considered as income from
other sources instead of income from business as treated by the assessee
in its books of account. He observed that the income which is attributable
to any of the specified activities u/s.80P(2) is eligible for deduction. In the
instant case, the assessee society invested funds not immediately required
for business purposes and, therefore, interest on such investments, cannot
fall within the meaning of the expression “profit and gains of business” and
cannot be attributable to the activities of the society. The Hon’ble apex
Court in the case of Totgars Co-operative Sales Society Ltd vs ITO, 322 itr
283 has held that the interest income earned by the co-operatives from the
fund created by retention which is not required immediately for business
purposes fell under the head “income from other sources” is taxable under
section 56 of the I.T.Act, 1961. Therefore, the Assessing officer disallowed
deduction u/s. 80P of the assessee of interest income of Rs.7,14,513/-
which was enhanced in appeal by the CIT(A) to Rs.17,79,725/-.
3 ITA No. 66/ CTK/2017 Asse ssment Year : 20 12- 201 3
Similarly, the Assessing Officer observed that the assessee has
earned rental income during the year under appeal by letting out of shops
and office premises. He observed that as per section 80P(2)(e) the whole
of the income derived by co-operative society from the letting of godowns
or warehouses for storage, processing or facilitating the marketing of
commodities is deductible The term godown and ware houses is very
important and Hon’ble Gujarat High Court in the case of CIT vs. Ahmedabad
Maskati Cloth Dealers Co-operative Warehouse Society Ltd., (1986) 162
ITR 142 held that there must be a godown or warehouse which should be
let out for the purpose as specified in the clause (e) to section 80P(2) of
the Income tax Act, 1961. If the godown or warehouse is let out for the
purpose of other than storage, processing or facilitating the marketing
commodities, the income derived there from by a co-operative society
would not be deductible u/s. 80P. Later, the Hon’ble Supreme Court in the
case of Udaipur Sahakari Upbhokta Thok Bhandar Ltd vs CIT, 182 Taxman
287 (SC) has held that deduction is available in respect of income derived
from the letting out of godowns and warehouses only where the purpose of
letting is storage, processing or facilitating marketing of commodities. He
observed that in the case of the assessee the rental income earned from
letting out shops and office premises and, therefore, is not eligible for
deduction u/s. 80P(2) of the Act and hence, disallowed deduction of
Rs.15,52,966/-, which was enhanced in appeal by the CIT(A) to
Rs.17,79,725/-.
4 ITA No. 66/ CTK/2017 Asse ssment Year : 20 12- 201 3
On appeal the CIT(A) confirmed the action of the Assessing Officer
by enhancing the disallowance under the head interest income and rental
income by relying on the following judicial decisions:
i) Punjab State Co-operative Milk Producers Federation ltd vs CIT, (2012 20 TAXMANN.COM 834 (P&H) ii) Mantola Co-operative Thrift & Credit Society Ltd vs CIT, (2014) 50 taxmann.com 278 (Delhi) iii) State Bank of India vs CIT, (2016) 72 taxmann.com 64 (Guj) iv) Bihar Rajya Sahkari Bhoomi Vikas Co-operative Bank Ltd vs CIT, (2010) 186 taxmann 54 (Pat) v) Kottayam Co-operative Land Mortgage bank Ltd vs CIT, 40 TAXMAN 259(Ker) vi) Sindhi Sahiti Multipurpose & Transport Co-operative Society Ltd vs CIT, 214 ITR 232 (MP) 6. Ld A.R. reiterated the submissions made before the lower authorities.
He could not point out any specific error in the order of the CIT(A). He
submitted that Special Leave Petition has been granted by the Hon’ble
Supreme Court against the order of Hon’ble P&H High Court in the case of
Punjab State Co-operative Federation of House Building Society ltd vs CIT,
(2016) 76 taxmann.com 99 (SC), wherein, it was held that interest earned
by co-operative society by investing surplus funds in short term deposit or
interest earned by giving loans to employees for housing and conveyance
would not be entitled to section 80P(2)(a) . Further, he submitted that
Special Leave Petition has been granted against the decision of Hon’ble
Delhi High Court in the case of Mantola Co-operative Thrift & Credit Society
Ltd vs CIT (2016) 70 taxmann.com 296 (SC), wherein, it was held that the
5 ITA No. 66/ CTK/2017 Asse ssment Year : 20 12- 201 3
co-operative society engaged in providing credit facilities to its members,
deposited surplus funds in fixed deposits and earned interest thereon, said
interest would be assessable as “income from other sources” and, thus, not
eligible for deduction under section 80P(2)(a)(i) of the Act. Thus, the
assessee by own submission admits that the decision of above Hon’ble High
Courts are against the assessee and there is no decision of Hon’ble
Supreme Court reversing the same.
6.1 He also relied on the decision of Hon’ble Delhi High Court in the case
of Snam Progetti S.P.A. vs ACIT (1981) 132 ITR 70 (DEL)), wherein, it was
held that if the interest income was derived from ‘business activity’ then
the mere fact that it is taxed under a different section will make no
difference. The approach to the problem has, therefore, to be disassociated
from the section under which the tax is imposed on the form of income.
6.2 In the case of the assessee, it is not in dispute that interest income
is earned from fixed deposit with bank and not from any business activity.
Hence, the said decision is not applicable to the facts of the assessee’s case.
6.3 He further relied on the decision of Hon’ble A.P. High Court in the
case of CIT vs. A.P. Industrial Infrastructure Corporation Ltd, 175 ITR 361
(AP), wherein, it was held that receiving and disbursing funds including the
government funds, pending disbursement of such funds was placed in bank
deposits and interest thereon was held to be business income. In the case
of the assessee, it is not in dispute that the assessee has not received any
6 ITA No. 66/ CTK/2017 Asse ssment Year : 20 12- 201 3
funds for disbursement from Government which was kept in the bank in the
interval between receipt and disbursement. Therefore, this decision is not
applicable to the facts of the assessee’s case.
6.4 The Ld A.R. further relied on the decision of Hon’ble Calcutta High
Court in the case of CIT vs Tirupati Woollen Mills Ltd., 193 ITR 252 (Cal)
wherein it was held that the Tribunal had found that the interest arose from
utilization of commercial asset. The funds utilized in making fixed deposit
with banks were business funds lying temporarily surplus with the
assessee. It was therefore assessable as business income and revenue
expenditure could be deducted from it. In the case of the assessee, it is
not the case of the assessee that interest income was earned out of
utilization of business funds lying temporarily surplus with the assessee.
Therefore, this case is not applicable to the facts of the assessee’s case.
6.5 For the reason given above, I find no good reason to interfere with
the order of the CIT(A), which is hereby confirmed and grounds of appeal
of the assessee are dismissed.
In Ground No.6 of the appeal, the grievance of the assessee is that
the CIT(A) erred in confirming the addition of Rs.12,33,626/- made by the
Assessing Officer u/s.2(24)(x) of the I.T.Act, 1961.
The facts of the case are that the Assessing Officer observed that the
assessee has not deposited the employee’s contribution to PF by the due
date as stipulated under the relevant Act. As per the assessment order, the
7 ITA No. 66/ CTK/2017 Asse ssment Year : 20 12- 201 3
Assessing Officer in his order stated that the employee’s contribution to PF
have been deposited as under:
Head Office Month EPF share of the Due date of Actual date of No of days employees deposits deposited/credited delayed April,2011 96,063 15.05.2011 25.05.2011 10 days May, 2011 90,605 15.06.2011 22.06.2011 07 days June, 2011 1,00,329 15.07.2011 22.07.2011 07 days July, 2011 98,313 15.08.2011 24.08.2011 09 days August,2011 97,592 15.09.2011 24.09.2011 09 days Sept., 2011 97,751 15.10.2011 25.10.2011 10 days Oct., 2011 1,17,935 15.11.2011 26.11.2011 11 days Nov., 2011 1,18,954 15.12.2011 23.12.2011 08 days Jan, 2012 1,18,058 15.02.2012 22.02.2012 07 days Feb., 2012 1,14,050 15.03.2012 27.03.2012 12 days March, 2012 1,09,650 15.04.2012 10.05.2012 25 days. Total 11,65,300
Branch Office Month EPF share of the Due date of Actual date of No. of day employer deposit deposit delayed April, 2011 5,535 15.5.2011 30.5.2011 15 May, 2011 5743 15.6.2011 30.6.2011 15 June, 2011 5455 15.7.2011 3.8.2011 19 July, 2011 5728 15.8.2011 24.8.2011 09 August, 11 5728 15.9.2011 22.9.2011 07 Sept, 11 5702 15.10.2011 27.10.2011 12 Oct, 11 6887 15.11.2011 30.11.11 15 Nov, 11 6887 15.12.2011 12.1.2012 28 Jan 2012 6887 15.2.2012 2.3.2012 16 Feb 2012 6887 15.3.2012 26.3.2012 11 March,12 6887 15.4.2012 7.6.2012 53
Therefore, he disallowed deduction for the same.
On appeal, the CIT(A) confirmed the addition made by the Assessing
Officer of Rs.12,33,626/- being employee’s contribution to PF u/s.2(24)(x)
r.w.s. 36(1)(va) on the ground that the employee’s contribution was not
8 ITA No. 66/ CTK/2017 Asse ssment Year : 20 12- 201 3
deposited within the due date prescribed under the relevant Act but was
deposited before filing the return of income u/s.139(1) of the Act.
Before me, ld A.R. of the assessee submitted that the employee’s
contribution was deposited before the due date prescribed u/s.139(1) of
the I.T.Act, 1961 and, therefore, the deduction should be allowed.
Ld D.R. relied on orders of the lower authorities.
I have heard the rival submissions and perused the orders of lower
authorities and materials available on record. A perusal of assessment
order, it is revealed that the employee’s contribution to Provident Fund has
been deposited by the assessee before the due date prescribed u/s.139(1)
of the Act. I find that the Hon’ble Bombay High Court in the case of CIT
Vs. Ghatge Patil Transports Ltd., (2014), 368 ITR 749 has held that
employees contribution to PF and ESI is allowable if the same is deposited
before the due date of filing of return of income u/s.2(24)(x) r.w.s.
36(1)(va) and 43B of the Act. The Hon’ble Delhi High Court in CIT Vs. AIMIL
Limited [2010] 321 ITR 508 (DEL) has held that the employees’
contribution towards EPF and ESI etc. deposited after the due date but
before the time allowed for filing the return u/s.139(1) will not call for any
disallowance u/s.36(1)(va). Therefore, I set aside the orders of lower
authorities and delete the disallowance of employees contribution to PF of
Rs12,33,626/- and allow this ground of appeal of the assessee.
9 ITA No. 66/ CTK/2017 Asse ssment Year : 20 12- 201 3
In the result, the appeal filed by the assessee is partly allowed. Order pronounced in the open court on 31 /05/2017 in the presence of parties. Sd/- (N.S Saini) ACCOUNTANT MEMBER Cuttack; Dated 31 /05/2017 B.K.Parida, SPS Copy of the Order forwarded to : 1. The Appellant : Orissa State Co-operative Handicrafts Corporation Limited, D-2/3, Industrial Estate, Rasulgarh 2. The Respondent. DCIT, Circle 4(1), Bhubaneswar 3. The CIT(A)-2, Bhubaneswar 4. Pr.CIT-2, Bhubaneswar 5. DR, ITAT, Cuttack 6. Guard file. //True Copy// BY ORDER,
SR.PRIVATE SECRETARY ITAT, Cuttack
More judgments on Section 80P
- Shree Bandharda Seva Sahkari Mandli Ltd… vs Income Tax Officer Ward -4, JunagadhITA 881/RJT/2025[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Duddukuru Primary Agricultural Cooperative… vs ITO, Ward - 1, TadepalligudemITA 258/VIZ/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Parthasaradhi Mutually Aided Co-Operative… vs Income-Tax Officer, Ward-17(1), HyderabadITA 2322/HYD/2026[AY 2016-17]Status: Disposed16 Oct 2026
- Jijamata Mahila Gramin Bigar Sheti Sahakari… vs ITO Ward -1, BhandraITA 102/NAG/2026[2020-21]Status: Disposed12 Oct 2026AY 2020-21
- Shri Na vs Ari Khedut Sahkari Society Ltd…ITA 362/SRT/2025[2016-17]Status: Disposed9 Oct 2026AY 2016-17
Recent GST High Court judgments
Search GST case law →- Dillip Kumar Behera vs. The Assistant Commissioner Of State Tax, Mayurbhanj CircleOrissa · 15 Oct 2026
- Tvl.Dev Construction vs. The Proper OfficerMadras · 15 Oct 2026
- Abbal Dass Arya vs. Commissioner State Goods And Services Tax CommissionerUttarakhand · 15 Oct 2026
- M/S Darbesh Medical Enterprise vs. State Of West Bengal And Ors.Calcutta · 15 Oct 2026
- J M Mhatre Infra PVT. LTD Thr. Authorized Chetan J. Mhatre vs. Union Of INDIA Thr. Secretary Dept. Of Revenue Ministry Of Finance And OrsBombay · 14 Oct 2026