2012 (7) TMI 760 - AT - Income Tax

Disallowing the claim for deduction u/s 80 P (2)(a)(i) - interest income from providing of credit facilities to its members - Held that - As both the parties has not brought on record copy of Memorandum of Association and Articles of Association of the assessee-society nor produced copy of returns as filed by the assessee nor the relevant audit reports. In the absence of the above documents it is not possible to adjudicate the issue completely - as issue requires verification of records and therefore, the issue should be restored to the file of the AO for proper verification - in favour of assessee for statistical purposes.

Summary

Issues Involved:
- Disallowance of claim for deduction under Section 80 P (2)(a)(i) of the Income Tax Act, 1961 on interest income from providing credit facilities to members.

Analysis:
The appeal was filed against the Commissioner of Income Tax(Appeals) order disallowing the deduction under Section 80 P (2)(a)(i) of the Income Tax Act, 1961. The Assessing Officer observed that the deduction is available only to a cooperative society engaged in banking or providing credit facilities to its members. Since the main activity of the assessee was marketing products, not banking, the claim was disallowed. The Commissioner of Income Tax(Appeals) upheld this decision. During the hearing, the Authorized Representative cited a similar case where the matter was remanded back for fresh adjudication following a Supreme Court decision. Both parties agreed to remand the issue back to the Assessing Officer for fresh adjudication.

The Tribunal noted that the assessee earned interest income by providing credit facilities to members and claimed deduction under Section 80 P (2)(a)(i), which was disallowed by the Assessing Officer and confirmed by the Commissioner of Income Tax(A). Referring to a previous case, the Tribunal decided to remand the issue back to the Assessing Officer for proper verification. As neither party produced relevant documents like Memorandum of Association or Articles of Association, the Tribunal found it necessary to allow the Assessing Officer to examine these documents before adjudicating the issue afresh. The Tribunal followed the precedent and set aside the lower authorities' orders, remitting the matter back to the Assessing Officer for further consideration, emphasizing the need for a fair hearing for the assessee.

In conclusion, the Tribunal allowed the appeal for statistical purposes, remanding the issue back to the Assessing Officer for fresh adjudication after considering the relevant documents and following the Supreme Court decision and previous Tribunal rulings. The Assessing Officer was directed to provide a reasonable opportunity for the assessee to present their case.