2012 (10) TMI 276 - AT - Income Tax

Claim of 100% deduction u/s 80P from profits - The dispute was only with regard to the deposits which the appellant accepted from non-members. - Held that - Acceptance of deposits from non-members on which the assessee bank was under obligation to pay interest does not, in any way, affect the revenue generated by the appellant in providing credit facilities and supply to the members No income is generated by Society from funds received from non-members Deduction is allowed in favour of Assessee.

Summary

Issues Involved:
1. Eligibility of the assessee for deduction under Section 80P(2)(a)(i) and 80P(2)(a)(iv) of the Income Tax Act, 1961.
2. Impact of accepting deposits from non-members on the eligibility for deduction under Section 80P.
3. Burden of proof for tax concessions and the interpretation of provisions relating to tax concessions.

Issue-Wise Detailed Analysis:

1. Eligibility of the assessee for deduction under Section 80P(2)(a)(i) and 80P(2)(a)(iv) of the Income Tax Act, 1961:
The assessee-appellants, agriculture cooperative societies, claimed deductions under Section 80P(2)(a)(i) and 80P(2)(a)(iv) of the Income Tax Act, 1961. The AO rejected these claims, arguing that the assessee societies accepted deposits from non-members, which indicated they provided banking facilities to non-members, making them ineligible for the deductions. The CIT(A) contradicted this view, stating that the acceptance of deposits from non-members did not affect the revenue generated from providing credit facilities and agricultural supplies to members, thus upholding the eligibility for deductions.

2. Impact of accepting deposits from non-members on the eligibility for deduction under Section 80P:
The AO's rejection was based on the inability of the assessee to bifurcate income and expenditure between members and non-members. The CIT(A) held that the deposits from non-members did not generate income but were used to provide credit to members, which did generate income. The Tribunal agreed with the CIT(A), noting that the deposits from non-members did not affect the eligibility for deductions as the income was generated from activities benefiting members.

3. Burden of proof for tax concessions and the interpretation of provisions relating to tax concessions:
The AO applied the judgment of the Andhra Pradesh High Court in CIT v. Anakapalli Co-operative Marketing Society Ltd., emphasizing that tax concessions must be interpreted rigidly and the burden of proof lies on the assessee. However, the Tribunal found this ratio inapplicable, as the factual issues in the present case were distinct. The Tribunal also referred to the Supreme Court's ruling in Karnataka State Co-operative Apex Bank, which supported the assessee's claim for deductions, provided the income arose from activities benefiting members.

Conclusion:
The Tribunal concluded that the AO was not justified in disallowing the deductions under Section 80P(2)(a)(i) and (iv) solely based on the acceptance of deposits from non-members. The deposits did not generate income but were used to provide credit to members, which did generate income. Therefore, the CIT(A) rightly allowed the deductions, and the Tribunal dismissed the Revenue's appeals, finding them devoid of merit.