2014 (10) TMI 997 - AT - Income Tax

Deduction u/s. 80P(2)(a)(i) - HELD THAT - Assessee has filed the copies of the decision of the Pune Bench of the Tribunal in Niphad Nagari Sahakari Patsanstha Ltd. (2015 (1) TMI 1004 - ITAT PUNE) on record and the Departmental Representative for the Revenue has neither controverted the same nor referred to any contrary decisions. In view thereof and for the sake of consistency we uphold the plea of the assessee that it is entitled to the claim of the deduction under section 80P(2)(a)(i) of the Act We direct the AO to allow claim of deduction under section 80P(2)(a)(i) of the Act on the interest income received from the bank. The grounds of appeal raised by the assessee are thus allowed.

Summary

Issues involved:
Claim of deduction under section 80P(2)(a)(i) of the Income-tax Act.

Detailed Analysis:

1. Issue of Deduction under Section 80P(2)(a)(i) of the Act:
- The appellant, a co-operative credit society, appealed against the CIT(A)'s order denying deduction under section 80P(2)(a)(i) of the Act for interest income earned from deposits with banks. The Assessing Officer relied on a Supreme Court decision to deny the deduction.
- The appellant argued that the interest income was attributable to providing credit facilities to its members. The Tribunal noted that similar issues had been decided in favor of the assessee in previous cases.
- The Tribunal upheld the appellant's claim for deduction under section 80P(2)(a)(i) based on the precedent set by the Pune Bench in similar cases. The Tribunal emphasized that the interest income from banks was related to the appellant's activities of providing credit facilities to its members, making it eligible for the deduction.
- The Tribunal directed the Assessing Officer to allow the claim of deduction under section 80P(2)(a)(i) for the interest income received from the bank, totaling Rs. 31,43,254. The grounds of appeal raised by the assessee were allowed, and the appeal was ultimately allowed in favor of the assessee.

2. Precedent and Consistency in Decision-Making:
- The Tribunal considered the precedent set by previous decisions in similar cases involving co-operative societies and their eligibility for deductions under section 80P(2)(a)(i) of the Act. The Tribunal emphasized the importance of maintaining consistency in decision-making.
- The Tribunal highlighted that the appellant's activities of providing credit facilities to its members justified the claim for deduction under section 80P(2)(a)(i) for the interest income earned from deposits with banks.
- By following the established precedent and considering the specific nature of the appellant's business activities, the Tribunal allowed the appeal and directed the Assessing Officer to grant the deduction as claimed under section 80P(2)(a)(i) of the Act.

3. Legal Interpretation and Application of Section 80P(2)(a)(i):
- The Tribunal analyzed the legal provisions of section 80P(2)(a)(i) of the Act in light of the appellant's business operations as a co-operative credit society. It considered the relevance of the Supreme Court decision cited by the Assessing Officer.
- The Tribunal differentiated the appellant's case from the Supreme Court decision by highlighting the source of funds and the nature of activities undertaken by the appellant in providing credit facilities to its members.
- By interpreting and applying the provisions of section 80P(2)(a)(i) in the context of the appellant's specific circumstances, the Tribunal concluded that the interest income from bank deposits was indeed eligible for deduction under the Act, leading to the allowance of the appeal.

4. Final Decision and Order:
- The Tribunal, comprising members Shri G.S. Pannu and Ms. Sushma Chowla, delivered the judgment in favor of the appellant, allowing the appeal against the CIT(A)'s order. The decision was pronounced on October 31, 2014.
- The Tribunal's detailed analysis and interpretation of the relevant legal provisions, along with the consideration of precedent and consistency in decision-making, resulted in the successful claim of deduction under section 80P(2)(a)(i) for the appellant's interest income from bank deposits.

This comprehensive analysis outlines the key legal issues, arguments presented, judicial reasoning, and the final decision rendered by the Appellate Tribunal ITAT Pune regarding the deduction under section 80P(2)(a)(i) of the Income-tax Act.