2015 (11) TMI 986 - AT - Income Tax

Deduction of dividend income under section 80P(2)(d) disallowed - Held that - Certificate from the managing director which shows that the Bundi Central Co-operative Bank has jurisdiction to provide finance/loan to small professionals and agriculturists living in the village and towns. It gives direct loan also which comes in primary loan. Whatever loan given through the co-operative society, which is debited in the name of society but given directly to the customers and also regulated through the society for interest and recovery purposes. Therefore, the bank was providing loans at primary level as well as at the level of village/town for farmers as well as customers. Therefore, it is entitled to allow deduction under section 80P(2)(d) of the Act. On the basis of evidence enclosed by the assessee, it is fact that the assessee has been advancing loan to the farmers and villagers as a primary loan. It is not clear from the record that from where the assessee was getting dividends, therefore, matter is set aside and remanded to the Assessing Officer for de novo enquiry and decide the case by providing the reasonable opportunity of being heard to the assessee. - Decided in favour of assessee for statistical purposes only.

Summary

Issues:
- Deduction of dividend income under section 80P(2)(d) of the Income-tax Act, 1961.

Analysis:
1. The appeal was filed against the order disallowing the deduction of dividend income under section 80P(2)(d) of the Income-tax Act, 1961. The Assessing Officer held that the assessee, a co-operative bank, was engaged in banking business, thus the deduction was not applicable. The Commissioner of Income-tax (Appeals) upheld this decision, stating that the bank did not qualify as a primary co-operative agricultural and rural development bank as per the definition under section 80P(4) of the Act. The bank's principal object did not align with providing long-term credit for agricultural and rural development activities, and it functioned more as a central co-operative bank for various societies and banks. Therefore, the deduction was disallowed.

2. Upon further review, it was found that the co-operative bank did provide loans directly to farmers and villagers, acting at both the primary level and village/town level. Evidence presented showed that the bank was advancing loans to farmers and villagers as primary loans. The bank's jurisdiction allowed for providing finance/loans to small professionals and agriculturists. As the bank was involved in providing loans at the primary level to farmers and villagers, it was deemed eligible for the deduction under section 80P(2)(d) of the Act. The case was remanded to the Assessing Officer for a fresh inquiry to determine the source of dividends received by the bank and to provide a reasonable opportunity for the assessee to present their case.

3. Ultimately, the appeal was allowed for statistical purposes only, indicating that the assessee was entitled to the deduction under section 80P(2)(d) of the Income-tax Act, 1961. The decision was made to remand the case for further investigation to ascertain the source of dividends and provide a fair opportunity for the assessee to present their case effectively.