2018 (5) TMI 2029 - AT - Income Tax

Disallowance of deduction u/s 80P(2)(d) - interest received on deposit kept with co-operative bank - AO disallowed the claim of deduction by stating that the co-operative bank is different than a co-operative society, as per provisions of section 80P(2) - HELD THAT - We respectfully follow the view taken by Totagars Cooperative Sale Society 2017 (1) TMI 1100 - KARNATAKA HIGH COURT and State Bank Of India Vs. CIT 2016 (7) TMI 516 - GUJARAT HIGH COURT wherein it was observed that the interest income earned by a co-operative society on its investments held with a cooperative bank would be eligible for claim of deduction under Sec.80P(2)(d) of the Act. We are unable to persuade ourselves to be in agreement with the view taken by the lower authorities that the assessee would not be entitled for claim of deduction under Sec. 80P(2)(d), in respect of the interest income on the investments made with the co-operative bank. - Appeal of Revenue is dismissed.

Summary

Issues:
- Disallowance of deduction under section 80P(2)(d) of the Income Tax Act for interest received on deposit kept with a cooperative bank.

Analysis:
The appeal by the Revenue challenges the order of the Commissioner of Income Tax (Appeals) regarding the disallowance of deduction claimed by the assessee under section 80P(2)(d) of the Income Tax Act for interest received on a deposit with a cooperative bank. The Revenue contends that the CIT(A) erred in deleting the addition without appreciating the provisions of section 80P(2)(d) of the Act. The primary dispute revolves around whether a cooperative society can claim deduction under section 80P(2)(d) for interest or dividends derived from investments with cooperative banks.

The assessee, a cooperative House Building Society, earned interest from funds kept with a cooperative bank and sought deduction under section 80P(2)(d) of the Act. The Income Tax Officer disallowed the claim, arguing that a cooperative bank differs from a cooperative society as per section 80P(2). However, the CIT(A) allowed the claim based on precedent, specifically citing the decision of the Mumbai Tribunal in a similar case. The Tribunal further supported this interpretation by referring to the judgment of the Hon'ble Karnataka High Court in a related matter.

The Tribunal relied on various judicial pronouncements to support the assessee's claim for deduction under section 80P(2)(d) for interest income from investments in cooperative banks. It highlighted cases where similar claims were allowed, emphasizing that the purpose behind the relevant section was to enable cooperative societies to claim deductions for such income. The Tribunal distinguished previous judgments cited by the Revenue, asserting that they were not applicable to the current scenario. Ultimately, the Tribunal upheld the CIT(A)'s decision to allow the deduction claimed by the assessee, following a consistent view taken in previous cases.

In conclusion, the Tribunal dismissed the Revenue's appeal and affirmed the order of the CIT(A) allowing the claim of the assessee for deduction under section 80P(2)(d) of the Income Tax Act. The decision was based on a thorough analysis of relevant legal provisions and judicial precedents supporting the entitlement of cooperative societies to claim deductions for interest income from investments in cooperative banks.