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2013 (8) TMI 250 - HC - Income TaxDeduction u/s 80P(2)(d) - Interest Income - deduction in respect of whole of the amount of interest or Net income after allowing th permissible deduction - adjustment of carry forward of losses - Held that - interest on cash security deposited in another co-operative society cannot be treated as investment - Section 80P(2)(d) of the Act allows whole deduction of an income by way of interest or dividends derived by a co-operative society from its investment with any other co-operative society and this provision does not make any distinction in regard to the source of the investment, because the section envisages deduction in respect of any income derived by the cooperative society from any investment with a co-operative society. It is immaterial whether any interest paid to the co-operative society exceeds the interest received from the bank on investments. The section does not speak of any adjustment as sought to be made out. The provision does not indicate any such adjustment in regard to interest derived from the co-operative society from its investment in any other co-operative society - Following decision of CIT vs. Doaba Co-operative Sugar Mills Ltd. 1997 (4) TMI 49 - PUNJAB AND HARYANA High Court and CIT vs. Dugdh Utpadak Sahkari Sangh Ltd. 2004 (10) TMI 65 - ALLAHABAD High Court - Decided in favour of Revenue.
Issues:
Interpretation of Section 80P(2)(d) of the Income Tax Act, 1961 for deduction on interest income received by Cooperative Society. Analysis: The High Court heard an appeal filed by the Department against the Income Tax Appellate Tribunal's order regarding the deduction under Section 80P(2)(d) of the Income Tax Act, 1961 for the assessment year 1993-94. The Tribunal had allowed the deduction on the whole interest income received by the Cooperative Society without any adjustment for expenses. The Department contended that the deduction should be on the net income after deducting relevant expenses, relying on the CIT vs. Dugdh Utpadak Sahkari Sangh Ltd. case. On the other hand, the assessee relied on the Tribunal's order and the CIT vs. Doaba Coop. Sugar Mills case to support the allowance of deduction on the gross interest income. The Court referred to the provisions of Section 80P(2)(d) which exempt income earned from investments in another cooperative society. It also cited precedents such as CIT vs. U.P. Co-operative Federation Ltd. and CIT vs. Haryana Co-operative Sugar Mills Ltd. to establish the treatment of interest income from cooperative societies as investment income. Further, the Court discussed the interpretation of Section 80P(2)(d) in various cases like CIT vs. Rajasthan Rajya Sahakari Upbhokta Sangh Ltd., emphasizing that only net income qualifies for deduction under this section. The Court considered the differing views on whether deduction should be allowed on the net or gross income of interest. It noted the decision in CIT vs. Doaba Co-operative Sugar Mills Ltd., where deduction was allowed on the gross amount of interest without any adjustment. The Court highlighted the principle of following the plain language of the law in interpreting fiscal statutes. It also mentioned the observation of the Punjab & Haryana High Court that Section 80P(2)(d) allows a deduction for income derived by a cooperative society from any investment with another cooperative society without requiring any adjustment for interest payments. In line with the legal position established by various High Courts and the decision in CIT vs. Dugdh Utpadak Sahkari Sangh Ltd., the Court agreed with the AO that deduction under Section 80P(2)(d) is allowable only on net income. However, since the case involved significant losses and unlikely positive income, no deduction was claimed by the assessee for the assessment year in question. The Court clarified that if the assessee's total income becomes positive in the future, deduction under Section 80P(2)(d) would be available only on the net income from interest received after deducting relevant expenses. In conclusion, the Court ruled in favor of the revenue and allowed the appeal filed by the Department based on the interpretation of Section 80P(2)(d) for the deduction on interest income received by Cooperative Society.
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