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2018 (5) TMI 1821 - AT - Income TaxDenial of deduction u/s.80P - interest earned on Fixed Deposits with Nationalized Banks - Held that - As decided in ITO Vs. Swa Ashokrao Bankar Nagari Sah. Patsanstha Maryadit 2016 (7) TMI 1484 - ITAT PUNE Society which is carrying on the business of banking activity and providing credit facility to its members is eligible for deduction u/s.80P(2)(a)(i). The assessee is entitled to claim the deduction under section 80P(2)(a) on the interest income earned from investment in fixed deposits with Nationalized Banks. Accordingly, the said deduction is directed to be allowed by the Assessing Officer. - Decided in favour of assessee
Issues Involved:
1. Deduction under section 80P(2)(a) of the Income-tax Act, 1961 on interest earned from fixed deposits with Nationalized Banks. Issue-wise Detailed Analysis: 1. Deduction under section 80P(2)(a) of the Income-tax Act, 1961 on interest earned from fixed deposits with Nationalized Banks: The primary issue in all the appeals is the claim of deduction under section 80P(2)(a) of the Act in respect of interest earned on Fixed Deposits with Nationalized Banks. The assessee, a Credit Co-operative Society, declared Nil income and claimed deduction under section 80P(2)(a)(i) of the Act on the interest income of ?35,22,862/- earned from reinvestment in Bank of India. The Assessing Officer denied the deduction under section 80P(2)(d), arguing that only interest from investments in Co-operative Banks is eligible for deduction. The CIT(A) allowed the assessee's claim based on previous years' orders. In appeals, the Revenue contended that the CIT(A) erred in allowing the deduction and relied on decisions where interest from nationalized banks was not eligible under section 80P(2)(d). The assessee argued that the issue was covered by previous Tribunal decisions, and the Bank of India was a member of the society since 1979, making the interest income exempt. After reviewing the records and hearing representatives, it was noted that the assessee, a Credit Co-operative Society, made investments in fixed deposits with Nationalized Banks and claimed deductions under section 80P(2)(a)(i). The authorities had denied the deduction, arguing the interest income was not related to the society's primary activity of providing credit facilities to its members. The Tribunal referenced several cases, including ITO Vs. M/s. Maharashtra Bank Employees Co-op. Credit Society Ltd., where it was held that interest income from statutory investments required by the Maharashtra Co-operative Societies Act is eligible for deduction under section 80P(2)(a)(i). The Tribunal also considered the Supreme Court's decision in CIT Vs. Karnataka State Co-operative Apex Bank, which supported the deduction for interest income from statutory reserve funds invested in banks. Furthermore, the Tribunal distinguished the facts from the Supreme Court's decision in Totgar's Co-operative Sale Society Ltd. Vs. ITO, where interest on surplus funds was not eligible for deduction. In contrast, the present case involved statutory reserve funds invested as per regulatory requirements, making the interest income part of the business activity. Based on these precedents, the Tribunal concluded that the assessee's interest income from fixed deposits with Nationalized Banks was attributable to its business activities and eligible for deduction under section 80P(2)(a)(i). The Tribunal directed the Assessing Officer to allow the deduction and dismissed the Revenue's appeal while allowing the assessee's appeals. Order pronounced on this 18th day of May, 2018.
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