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2019 (9) TMI 1338 - AT - Income TaxDeduction u/s 80P - interest expenditure as attributable to the interest income earned on FDRs maintained with Jaipur Cooperative Bank Ltd. - HELD THAT - Bench has also taken into consideration the judgement cited by the Revenue authorities. However the Bench noted that recent judgment on the particular issue has already been pronounced by the ITAT Coordinate Bench in the assessee s own case 2019 (10) TMI 759 - ITAT JAIPUR . Therefore respectfully following the decision of the ITAT Coordinate Bench in assessee s own case (supra) on the issue in question we allow the Ground No. 1 and 1.1 of the assessee and dismiss the Ground No. 2 of the Revenue. Claim of deduction for contribution made to Sparsh Trust - HELD THAT -There is no change of circumstances brought to our notice after passing of the orders referred hereinabove or no change in law has been brought to our notice by either of parties. We have heard the rival contentions and perused the material available on record. The issue in question is covered in favour of the assessee by the earlier decisions of the Co-ordinate Benches in assessee s own case. Respectfully following the earlier decisions of the Coordinate Benches the contribution made by the assessee to SPARSH Trust is accordingly allowed as an eligible business expenditure under section 37(1) - Decided in favour of assessee.
Issues Involved:
1. Disallowance of deduction under Section 80P for interest expenditure. 2. Eligibility for deduction under Section 80P(2)(d) for income received from investments with Jaipur Central Cooperative Bank. 3. Deduction for contribution made to 'Sparsh Trust' under Section 37(1) of the Income Tax Act, 1961. Detailed Analysis: Issue 1: Disallowance of Deduction under Section 80P for Interest Expenditure The assessee contested the CIT(A)'s decision to attribute ?1,78,92,810/- of interest expenditure to the interest income of ?4,55,27,617/- earned on FDRs with Jaipur Cooperative Bank Ltd., thereby disallowing the deduction under Section 80P to this extent. The assessee argued that the investments in FDRs were made from its own funds, and the borrowed funds were utilized for business purposes, thus no interest should be attributed to earning the interest income. Issue 2: Eligibility for Deduction under Section 80P(2)(d) for Income from Investments with Jaipur Central Cooperative Bank The Revenue challenged the CIT(A)'s decision to allow a deduction of ?2,76,34,807/- under Section 80P(2)(d) for income received from investments made with Jaipur Central Cooperative Bank. The Revenue argued that the assessee failed to prove a direct business nexus of the expenditure. The Tribunal referred to the Coordinate Bench's decision in the assessee's own case for previous assessment years, which held that the interest income derived by a cooperative society from its investments with a cooperative bank is eligible for deduction under Section 80P(2)(d). The Tribunal also cited similar judgments from other cases to support this view. Issue 3: Deduction for Contribution Made to 'Sparsh Trust' under Section 37(1) The Revenue also contested the CIT(A)'s decision to allow a deduction of ?1,43,24,928/- for contributions made to 'Sparsh Trust'. The Tribunal referred to its previous decisions in the assessee's own case, where it was held that contributions made to the trust for the purpose of incurring expenditure to get better quality and quantity of milk were allowable as business expenditure under Section 37(1). The Tribunal noted that the trust incurred expenditures in providing veterinary care, regular treatment, emergency care, preventive care, and breed improvement, which were directly linked to the business of the assessee. Conclusion: - Issue 1: The Tribunal allowed the assessee's appeal, holding that the interest expenditure should not be attributed to the interest income on FDRs, thus allowing the deduction under Section 80P. - Issue 2: The Tribunal dismissed the Revenue's appeal, confirming that the income received from investments with Jaipur Central Cooperative Bank is eligible for deduction under Section 80P(2)(d). - Issue 3: The Tribunal dismissed the Revenue's appeal, allowing the deduction for contributions made to 'Sparsh Trust' as business expenditure under Section 37(1). Final Order: The appeal filed by the assessee was allowed, and the appeal filed by the Revenue was dismissed. The Tribunal pronounced the order in the open court on 30/09/2019.
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