NAGPUR GRIHA NIRMAN & SHETRVIKAS MANDAL KARMACHARI SAHAKARI PAT SANSTHA,NAGPUR vs. INCOME TAX OFFICER, WARD1(3), NAGPUR

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ITA 121/NAG/2021Status: DisposedITAT Nagpur18 October 2022AY 2017-185 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the issue of deduction under Section 80P on interest income from banks is no longer res integra. Following a series of orders, the Tribunal decided in favour of the assessee.

What were the facts?

The assessee, a cooperative society, claimed deduction under Section 80P on interest income earned from bank deposits. The Assessing Officer disallowed this deduction, and the CIT(A) upheld the disallowance.

What were the issues?

Whether interest income earned by a cooperative society from deposits with banks is eligible for deduction under Section 80P of the Income-tax Act.

Which sections of the Income-tax Act were involved?

Section 80P

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Income Tax Appellate Tribunal, SMC BENCH, NAGPUR

Before: SHRI R.S. SYAL

For Appellant: Shri K.P. Dewani
For Respondent: Shri G.J. Ninawe

PER R.S. SYAL, VP: This appeal by the assessee arises out of the order dated 01-09-2021 passed by the National Faceless Appeal Centre (NFAC), Delhi u/s.250 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) in relation to the assessment year 2017-18.

2.

The assessee is aggrieved by the denial of deduction u/s.80P in respect of interest income amounting to Rs.5,55,810/- earned from deposits kept with banks.

3.

Tersely stated, the facts of the case are that the assessee is a Cooperative society and is engaged in the business of accepting deposits and lending money to its members. It filed the return of income declaring total income at Nil. The case was selected for scrutiny. It was noticed by the AO that the assessee claimed deduction u/s.80P on the income earned as interest amounting to Rs.5,55,810/- on the deposits kept with financial institutions other than cooperative societies. Eventually, the AO, invoking the provisions of section 80P(2)(d), made the disallowance of deduction on such interest income. The assessee remained unsuccessful before the CIT(A), against which the assessee has approached the Tribunal.

4.

I have heard both the sides and gone through the relevant material on record. The issue raised in the extant appeal is no more res integra by virtue of series of orders passed by the Pune Tribunal. The Pune Benches of the Tribunal in Sureshdada Jain Nagari Sahakari Patsanstha Maryadit Vs. The Pr.CIT (ITA No.713/PUN/2016) decided the question of availability of deduction u/s 80P on interest income by noticing that the Pune Bench in an earlier case of Shri Laxmi Narayan Nagari Sahakari Pat Sanstha Maryadit Vs. ITO (ITA No.604/PN/2014) has allowed similar deduction. In the said case, the Tribunal discussed the contrary views expressed by the Hon’ble Karnataka High Court in Tumkur Merchants Souharda Credit Cooperative Ltd. Vs. ITO (2015) 230 Taxman 309 (Kar.) allowing deduction u/s. 80P on interest income and that of the Hon’ble Delhi High Court in Mantola Cooperative Thrift Credit Society Ltd. Vs. CIT (2014) 110 DTR 89 (Delhi) not allowing deduction u/s.80P on interest income earned from banks. Both the Hon’ble High Courts took into consideration the ratio laid down in the case of Totagar’s Cooperative Sale Society Ltd. (supra). No direct judgment from the Hon’ble jurisdictional High Court on the point having been pointed out, the Tribunal in Shri Laxmi Narayan Nagari Sahakari Pat Sanstha Maryadit (supra) preferred to go with the view in favour of the assessee by the Hon’ble Karnataka High Court in the (supra). I, therefore, overturn the impugned order on this score and allow the deduction.

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