2018 (11) TMI 1576 - AT - Income Tax

Denial of deduction u/s.80P - interest on FDRs with Nationalised Banks/Private Sector/Scheduled Banks - Held that - As for the immediately preceding assessment year 2012-13 in assessee s own case allowed deduction on interest income earned from investments in Fixed Deposits. A copy of the order has been placed on record. Such decision has been taken after considering the judgment in the case of Totgar s Cooperative Sale Society Ltd. VS. ITO (2010 (2) TMI 3 - SUPREME COURT ). The ld. Departmental Representative fairly admitted that the facts and circumstances of the instant appeal are mutatis mutandis similar to those of preceding year. Thus overturn the impugned order on this score and order to grant deduction u/s.80P on such interest income. - Decided in favour of assessee

Summary

Issues Involved:
1. Denial of deduction u/s.80P in respect of interest on FDRs with Nationalised Banks/Private Sector/Scheduled Banks.

Analysis:
The appellate tribunal, in this case, addressed the issue of denial of deduction u/s.80P concerning interest income earned on investments in Fixed Deposits by the assessee. The AO initially disallowed the deduction, a decision upheld in the first appeal by the CIT(A)-7, Pune. However, the tribunal noted that a similar issue was raised in the assessee's appeal for the previous assessment year 2012-13. In that instance, the tribunal allowed the deduction on interest income from investments in Fixed Deposits in a separate order dated 18-05-2018. This decision was influenced by the judgment of the Hon'ble Supreme Court in the case of Totgar's Cooperative Sale Society Ltd. VS. ITO 322 ITR 283 (SC). The tribunal, after considering the precedents and the similarity of facts and circumstances, overturned the impugned order and directed the grant of deduction u/s.80P on the interest income earned by the assessee.

The tribunal's decision was based on the principle of consistency and adherence to legal precedents, ensuring that the assessee received the entitled deduction under u/s.80P. The tribunal's reliance on its previous judgment and the Supreme Court's decision reinforced the validity of the deduction claim by the assessee. By following the legal framework and established interpretations, the tribunal provided a fair and just resolution to the issue at hand, emphasizing the importance of upholding legal principles in tax matters.

The judgment also briefly mentioned a consequential issue regarding the charging of interest u/s.234B, which was deemed as a natural outcome of the main issue being resolved in favor of the assessee. This additional ground did not significantly impact the overall decision, as the primary issue of deduction u/s.80P was the focal point of the appeal. Ultimately, the tribunal allowed the appeal, indicating a favorable outcome for the assessee in receiving the deduction under consideration.

In conclusion, the appellate tribunal's detailed analysis and application of legal principles, supported by relevant precedents and statutory provisions, resulted in a favorable decision for the assessee regarding the deduction u/s.80P on interest income from investments in Fixed Deposits. The judgment exemplified the significance of consistency, adherence to legal interpretations, and fair treatment in resolving tax-related disputes, ensuring justice and equity in the application of tax laws.