THE SESA GOA EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LIMITED,SANQUELIM vs. ACIT, CIRCLE - 2(1), PANAJI

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ITA 203/PAN/2019Status: DisposedITAT Panaji16 November 2022AY 2014-154 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that despite the insertion of Section 80P(4), a cooperative society remains eligible for deduction under Section 80P(2)(d) on interest income earned from deposits with cooperative banks. This decision follows previous rulings by the Pune Benches.

What were the facts?

The assessee, a cooperative society, claimed deduction under Section 80P(2)(d) for interest earned on deposits kept with cooperative banks. The Assessing Officer and CIT(A) disallowed this deduction.

What were the issues?

Whether interest earned by a cooperative society on deposits with cooperative banks is eligible for deduction under Section 80P(2)(d) of the Income-tax Act, 1961, considering the impact of Section 80P(4).

Which sections of the Income-tax Act were involved?

Section 80P(2)(d),Section 80P(4)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SMC BENCH, PANAJI

Before: SHRI R.S. SYAL

For Appellant: Shri Rajendra Bhose
For Respondent: Shri N. Srikanth, Sr. DR

PER R.S. SYAL, VP: This appeal by the assessee is directed against the order passed by the CIT(A), Panaji-I on 29-04-2019 in relation to the assessment year 2014-15. 2. The only issue raised in this appeal is against the denial of deduction of Rs.8,01,674/- u/s.80P(2)(d) of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) in respect of interest earned deposits kept with Goa State Co/op. Bank Ltd. 3. Briefly stated, the facts of the case are that the assessee furnished Nil return after claiming deduction u/s.80P(2). The

1.

The Sesa Goa Employees Coop. Credit Society Ltd., AO, in para No.5.5 of his order, noticed that the assessee earned interest from the deposits kept with Goa State Co-operative Bank and Mapusa Urban Co-operative bank, both of which were scheduled banks. He disallowed the deduction on such interest income claimed u/s.80P(2)(d). The ld. first Appellate Authority affirmed the view point of the AO on this score. Aggrieved thereby, the assessee has approached the Tribunal.

4.

After considering the rival submissions and perusing the relevant material on record, it is seen that the assessee is a co- operative society engaged in the business of accepting money and lending money to its members. During the year under consideration, the assessee earned interest from the deposits kept with Cooperative Banks amounting to Rs.8,01,674/-, which has been deprived of the benefit of section 80P. The issue of granting deduction u/s 80P on such an income is no more res integra in view of the catena of decisions delivered by the Pune Benches. The Pune Bench in Rena Sahakari Sakhar Karkhana Ltd. Vs. Pr.CIT (ITA No.1249/PUN/2018) has, vide its order dated 07-01-2022, held that though co-operative banks, other than primary agricultural credit society or a primary co-operative agricultural and rural development bank, are not eligible for The Sesa Goa Employees Coop. Credit Society Ltd., deduction pursuant to insertion of section 80P(4) w.e.f. 1.4.2007, but this provision does not dent the otherwise eligibility u/s 80P(2)(d) of the Act of a co-operative society on interest income on investments/deposits parked with a co-operative bank, which is a registered co-operative society as per section 2(19) of the Act, defining co-operative society to mean a co-operative society registered under the Co-operative Societies Act, 1912 or under any law for the time being in force. The assessee is also a Co- operative society registered. Ergo, respectfully following the decision of the Division Bench, I overturn the impugned order and direct to grant deduction u/s.80P(2)(d) of the Act on the amount of interest earned from Co-operative Banks.

5.

In the result, the appeal is allowed.

Order pronounced in the Open Court on 16th November, 2022.

Sd/- (R.S.SYAL) VICE PRESIDENT पुणे Pune; �दनांक Dated : 16th November, 2022 Satish

The Sesa Goa Employees Coop. Credit Society Ltd.,

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