2010 (7) TMI 1017 - HC - Income Tax

Summary

Issues involved:
The issue involves determining whether interest earned by the assessee cooperative from investments in banks qualifies for deduction u/s 80P(2)(a)(i) of the Income Tax Act.

Judgment Details:

Issue 1: Qualification for Deduction u/s 80P(2)(a)(i) of the Act
The High Court reviewed the Tribunal's decision on whether interest earned by the cooperative from investments in banks constitutes business income eligible for deduction u/s 80P(2)(a)(i) of the Income Tax Act. The Tribunal had previously allowed the deduction for the cooperative society's interest income, holding it as business income rather than income from other sources. The Court noted that the Commissioner of Income Tax (Appeal) and the Tribunal had consistently upheld this view in various assessment years. As there was no challenge to these decisions, the Court found no question of law involved. The Court dismissed the appeal, affirming the eligibility of the cooperative for deduction u/s 80P(2)(a)(i) based on the precedent set by previous decisions.

Conclusion:
The High Court upheld the Tribunal's decision, confirming the cooperative's eligibility for deduction u/s 80P(2)(a)(i) of the Income Tax Act based on the income earned from investments in banks being considered business income.