AKOLA ZILLA PARISHAD PRATHAMIK SHIKSHAK SAHKARI SANSTHA,AKOLA vs. INCOME TAX OFFICER, WARD-1, AKOLA

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ITA 190/NAG/2022Status: DisposedITAT Nagpur23 December 2022AY 2017-182 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the interest income derived from members/employees is in the nature of business income and eligible for deduction under Section 80P, citing a coordinate bench decision.

What were the facts?

The assessee challenged the denial of deduction under Section 80P for interest income earned from members/employees. The lower authorities held that employees could not be treated as members for availing credit facilities.

What were the issues?

Whether interest income from members/employees is eligible for deduction under Section 80P as business income.

Which sections of the Income-tax Act were involved?

Section 80P,Section 143(3)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show 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.

Income Tax Appellate Tribunal, NAGPUR BENCH, NAGPUR – VIRTUAL COURT

Before: SHRI S. S. GODARA

For Respondent: Shri G. J. Ninawe
Hearing: 02.11.2022Pronounced: 27.12.2022

PER S. S. GODARA, JM: This assessee’s appeal for assessment year 2017-18 arises against the National Faceless Appeal Centre “NFAC”, Delhi’s order dated 20.05.2022 passed in case no. ITBA/NFAC/S/250/2022- 23/1043092697(1), involving proceedings u/s 143(3) of the Income Tax Act, 1961; in short “the Act”. Case called twice. None appears at assessee’s behest. It is accordingly proceeded ex-parte.

2.

It emerges with the able assistance coming from the Revenue’s side that the assessee’s sole substantive grievance herein challenges correctness of both the learned lower authorities’ action

2 denying section 80P deduction pertaining to interest income of Rs.3,70,752/- derived from members/employees. The Revenue’s stand all along of both the lower authorities’ detailed discussion is that the assessee’s employees could hardly be treated as members having availed credit facilities in the regular course of his business. That being the case, I quote this tribunal’s coordinate bench decision in ITO vs. Vidarbha Premier Co-Operative Housing Society [2017] 184 TTJ 145 (Nagpur - Trib.) holding similar interest income as eligible for section 80P deduction being in the nature of business income only. The assessee succeeds in its sole substantive grievance. Necessary computation shall follow as per law.

3.

This assessee’s appeal is allowed in above terms. Order pronounced on this 27th day of December, 2022. (S. S. GODARA) JUDICIAL MEMBER पुणे / Pune; "दनांक / Dated : 27th December, 2022. Sujeet आदेश क" "ितिलिप अ"ेिषत / Copy of the Order forwarded to : अपीलाथ" / The Appellant.

1.

""यथ" / The Respondent.

2.3.

The CIT(A)-NFAC, Delhi.

4.

The Pr. CIT concerned. िवभागीय "ितिनिध, आयकर अपीलीय अिधकरण, नागपुर /

5.

DR, ITAT, Nagpur. गाड" फ़ाइल / Guard File. 6. आदेशानुसार / BY ORDER, //// Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.

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