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2016 (6) TMI 1294 - AT - Income TaxDisallowance of deduction u/s 80P - interest income and dividend income received by the assessee co-operative society on investments made in bank account and shares of Sindhudurg Central Co-operative Bank - Held that - The issue arising in the present appeal is identical to the issue before Pune Bench of Tribunal in Sindhudurg Zilla Madhyamik Adhyapak Sahakari Patpedhi Maryadit (2014 (9) TMI 1022 - ITAT PUNE) and Sindhudurg District Primary Teachers Co - operative Credit Society Ltd. Vs. ITO (2015 (2) TMI 281 - ITAT PUNE). The assessee being a credit cooperative society had made investment in a co-operative bank by way of deposits and also shares of Sindhudurg Central Co-operative Bank, which has been held to be co-operative society by co-ordinate Bench of the Tribunal. Following the same parity of reasoning, hold that the assessee is eligible to claim the deduction under section 80P(2)(d) of the Act in respect of both the interest income and dividend income received from Sindhudurg Central Cooperative Bank. - Decided in favour of assessee.
Issues Involved:
1. Disallowance of deduction under section 80P in respect of interest and dividend income. 2. Eligibility of the assessee to claim deduction under section 80P(2)(a)(i) / 80P(2)(d). 3. Consideration of investments made in the course of business. 4. Deduction eligibility under Maharashtra Co-operative Societies Act. 5. Disallowance of net income versus gross income. Detailed Analysis: 1. Disallowance of Deduction under Section 80P: The assessee co-operative society claimed deductions under section 80P for interest income of ?24,60,355/- and dividend income of ?3,75,003/- received from investments in Sindhudurg Central Co-operative Bank. The CIT(A) confirmed the disallowance, holding that the income earned from the co-operative bank was not eligible for deduction under section 80P(2)(a)(i) or 80P(2)(d). 2. Eligibility of Deduction under Section 80P(2)(a)(i) / 80P(2)(d): The Tribunal referenced previous cases, including Sindhudurg Zilla Madhyamik Adhyapak Sahakari Patpedhi Maryadit, where it was held that the interest and dividend income from Sindhudurg Central Co-operative Bank were eligible for deduction under section 80P(2)(d). The Tribunal concluded that the co-operative bank qualifies as a co-operative society, thus making the income eligible for deduction. 3. Investments Made in the Course of Business: The assessee argued that as a credit co-operative society providing credit facilities to its members, the investments in the bank and shares were part of its business operations. The Tribunal agreed, noting that the investments were made in the ordinary course of business, thereby qualifying for deductions under section 80P(2)(a)(i) and 80P(2)(d). 4. Deduction Eligibility under Maharashtra Co-operative Societies Act: The Tribunal examined the relationship between the Maharashtra Co-operative Societies Act and the Income-tax Act. It was determined that Sindhudurg Central Co-operative Bank, being registered under the Maharashtra Co-operative Societies Act, met the criteria for a co-operative society under section 80P(2)(d). 5. Disallowance of Net Income versus Gross Income: The assessee's alternative plea was that if deductions under section 80P(2)(a)(i) or 80P(2)(d) were not allowed, the disallowance should apply only to the net income after deducting proportionate expenses. However, since the Tribunal ruled in favor of the assessee's primary claim for deductions, this alternate plea was dismissed. Conclusion: The Tribunal allowed the appeals, granting the deductions under section 80P(2)(d) for both interest and dividend income from Sindhudurg Central Co-operative Bank. The decision was based on the precedent that co-operative banks qualify as co-operative societies, and thus, the income earned from them is eligible for deductions under section 80P(2)(d). The alternate plea regarding net versus gross income disallowance was dismissed as moot. The ruling applied mutatis mutandis to both appeals, resulting in the conclusion that the assessee's claims were justified and the appeals were allowed.
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