NAVAPURA URBAN CO OP CREDIT AND CONSUMER SOCIETY LTDIT CONSUMER,SURAT vs. ASSESSMENT UNIT INCOMETAX DEPARTMENT, DELHI
What did the Tribunal hold?
The Tribunal, following the jurisdictional High Court's decision in Surat Vankar Sahakari Sangh Ltd., held that cooperative societies are eligible for deduction under Section 80P(2)(d) on gross interest receipts from cooperative banks. The Assessing Officer was directed to allow the deduction.
What were the facts?
The assessee, a cooperative credit and consumer society, claimed deduction under Section 80P(2)(d) for interest income earned from cooperative banks. The Assessing Officer and CIT(A) denied this deduction, reclassifying the income as 'Income from other sources' or 'Business income'.
What were the issues?
Whether interest income earned by a cooperative society from a cooperative bank is eligible for deduction under Section 80P(2)(d) 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(1)Show listHide list
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- Surat Vankar Sahakari Sangh Ltd. v. ACIT126 citing72 Taxmann.com 169 · 2016 · HC
Heard together (3 matters)
Read from the judgment's own cause title. This page is filed under one of them.
Assessee represented by Shri Hiren Vepari, CA Department represented by Shri Vinod Kumar, Sr. DR Date of institution of appeals 19/10/2023 Date of hearing 20/12/2023 Date of pronouncement 20/12/2023 Order under Section 254(1) of Income Tax Act PER: PAWAN SINGH, JUDICIAL MEMBER: 1. These two appeals by the assessee are directed against the separate orders of National Faceless Appeal Centre, Delhi (NFAC)/Commissioner of Income Tax (Appeals), (in short, the ld. CIT(A)) both dated 22/09/2023 for the Assessment Year (AY) 2018-19 and 2020-21 respectively. In both these appeals, the assessee has raised similar grounds of appeal
. Certain facts in both these years are common, therefore, with the consent of parties both these appeals were clubbed, heard together and are being decided by this consolidated order to avoid the conflicting decision. For appreciation of facts, the appeal for the A.Y. & 712/Srt/2023 Navapura Co Op Credit Consumer Society Ltd. Vs ITO 2018-19 in ITA No. 711/Srt/2023 is treated as a “lead case”. In this appeal, the assessee has raised following grounds of appeal: “(I)Non-granting of deduction u/s 80P(2)(d) (1) The CIT(A) was not justified in confirming denial of benefit u/s 80P(2)(d) from interest and dividend derived from a co-op bank to the appellant co-op society particularly when the AO reclassified the interest and dividend under the “Income from other sources. (2) With prejudice to the above, the ld. CIT(A) was not justified in denying relief u/s 80P(2)(a)(i) by holding that interest and dividend earned from co-op bank was from “Business or Profession”. (3) In any case, the appellant is entitled to the benefit u/s 80P(2)(a)(i) if interest and dividend derived from co-op bank is held to be business income. (4) On the facts of the case and law, the appellant ought to be granted deduction u/s 80P(2)(d) (II) Miscellaneous: (1) All of the above grounds are prejudice to one another. (2) The appellant craves leave to add, alter or vary any of the grounds of appeal.”
2. Rival submission of both the parties have been heard and record perused. The learned Authorised Representative (ld. AR) of the assessee submits that the assessee has raised multiple grounds of appeal, still he pressed for seeking relief of deduction under Section 80P(2)(d) of the Income Tax Act, 1961 (in short, the Act). The ld. AR of the assessee further submits that the assessee is a cooperative credit and consumer society. The assessee received interest income on deposit with cooperative bank and with nationalized bank. The assessee is confining his claim for deduction under Section 80P(2)(d) of the Act in respect of interest income earned from cooperative banks. The cooperative banks i.e. Surat District Cooperative Bank and Sutex Cooperative Bank. The ld.
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