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2016 (7) TMI 1485 - AT - Income TaxDeduction u/s.80P(2)(a)(i) - interest income received from non cooperative banks - whether interest income is not attributable to the business of the assessee that of providing credit facilities to its members - as per AO such income fall under the head income from other sources u/s.56 and not u/s.28 - Held that - As relying on decision in the case of Swa Ashokrao Bankar Nagari Sahakari Patsanstha Maryadit (2016 (7) TMI 1484 - ITAT PUNE) hold that the assessee is entitled to deduction u/s.80P(2)(a)(i) on the interest income kept with banks other than cooperative banks/cooperative societies. Therefore, the order of the CIT(A) is set aside and the grounds raised by the assessee are allowed.
Issues Involved:
1. Whether the interest income earned on investments made with nationalized banks qualifies for deduction under Section 80P(2)(a)(i) of the Income Tax Act, 1961. Issue-wise Detailed Analysis: 1. Deduction under Section 80P(2)(a)(i) for Interest Income from Nationalized Banks: Facts of the Case: The assessee, a Cooperative Credit Society registered under the Maharashtra Cooperative Societies Act, 1960, filed its return declaring total income at Nil after claiming a deduction under Section 80P of the Act amounting to ?10,41,382/-. The Assessing Officer (AO) observed that the assessee earned interest income from loans and advances given to members and from other cooperative societies. Additionally, the assessee had deposited surplus funds in banks other than cooperative societies/cooperative banks, earning interest of ?15,36,248/-. The AO contended that this interest income should be classified as "income from other sources" under Section 56 and not as business income under Section 28, thus not eligible for deduction under Section 80P(2)(a)(i). Assessee's Argument: The assessee argued that being a Patsanstha providing credit facilities to its members, its total income is deductible under Section 80P(2)(a)(i). The investments in fixed deposits in nationalized banks were aligned with the business activity of the society and complied with Section 70 of the Maharashtra State Cooperative Societies Act. The deposits served multiple purposes: ensuring funds did not remain idle, providing immediate sources for payments, and ensuring the safety of surplus funds. The assessee cited several decisions, including those from the Pune Bench of the Tribunal and the Karnataka High Court, supporting the view that interest from banks other than cooperative banks is eligible for deduction under Section 80P(2)(a)(i). Revenue's Argument: The Departmental Representative relied on the orders of the CIT(A) and the AO, which disallowed the deduction based on the Supreme Court's decision in Totgar’s Cooperative Sale Society Ltd. v. ITO. Tribunal's Analysis: The Tribunal reviewed the rival arguments, the orders of the AO and the CIT(A), and various cited decisions. The Tribunal noted that the Pune Bench of the Tribunal in similar cases had held that interest income from deposits with banks other than cooperative banks/cooperative societies is eligible for deduction under Section 80P(2)(a)(i). The Tribunal referenced its previous decisions in the cases of Niphad Nagari Sahakari Patsanstha Ltd. and Swa Ashokrao Bankar Nagari Sahakari Patsanstha Maryadit, which supported the assessee's claim. Key Precedents: - Niphad Nagari Sahakari Patsanstha Ltd.: The Tribunal upheld the CIT(A)'s decision that interest income from banks other than cooperative societies is business income eligible for deduction under Section 80P(2)(a)(i). - Tumkur Merchants Souharda Credit Cooperative Ltd. v. ITO: The Karnataka High Court held that interest earned by a cooperative society from banks other than cooperative banks is attributable to the business of providing credit facilities and is eligible for deduction under Section 80P(2)(a)(i). - Shri Laxmi Narayan Nagari Sahakari Patsanstha Maryadit: The Tribunal, following the Karnataka High Court's decision, held that interest income from short-term deposits with banks is eligible for deduction under Section 80P(2)(a)(i). Conclusion: The Tribunal found merit in the assessee's argument and held that the interest income earned on deposits with banks other than cooperative banks/cooperative societies is eligible for deduction under Section 80P(2)(a)(i). The order of the CIT(A) was set aside, and the grounds raised by the assessee were allowed. Final Order: The appeal filed by the assessee was allowed, and the order pronounced in the open court on 29-07-2016.
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