2016 (9) TMI 699 - HC - Income Tax

Interest earned from the Salem Agricultural Producers Co-operative Marketing Society Ltd., for reduction under Section 80 P (2(a) (i) - Held that - Department submittion that the Tribunal was not right in holding that the interest earned from the Salem Agricultural Producers Co-operative Marketing Society Ltd., for reduction under Section 80 P (2(a) (i) of the Income Tax Act, we are not inclined to accept the said contentions. For the reason that a District Central Co-operative Bank, is also a Society, in which event, the income by way of interest and dividend earned by the assessee/respondent Society from the investments made in Salem District Central Co-operative Bank, which is also a Co-operative Society is entitled for deduction under Section 80 P (2) (a) (i) of the Income Tax Act. Decision relied on by the assessee and considered by the Tribunal squarely applies to the facts on hand

Issues:
1. Applicability of deduction under Section 80 P (2) (a) (i) of the Income Tax Act to interest received from non-agricultural society members.
2. Membership criteria for entitlement under Section 80 P (2) (a) (i) and voting rights.
3. Consideration of lending for non-agricultural purposes under Section 80 P (4) and 2 (24) (viia).
4. Entitlement for deduction under Section 80 P (2) (d) for interest earned from a cooperative bank.

Analysis:

1. The appellant contested the Tribunal's decision on whether the assessee, a primary agricultural society, is eligible for deduction under Section 80 P (2) (a) (i) for interest received from Class B members of a non-agricultural society. The Tribunal ruled in favor of the assessee, citing a similar case precedent from Himachal Pradesh High Court, emphasizing the cooperative nature of the society and the benefit to members. The Tribunal held that the assessee is entitled to the deduction under Section 80 P (2) (a) (i) based on the cooperative structure and purpose of the society.

2. The issue of membership criteria for entitlement under Section 80 P (2) (a) (i) was raised concerning the rights of Class B members in the society. The Tribunal considered the lack of voting and meeting participation rights for Class B members, as well as their non-recognition for audit purposes by the assessee. However, the Tribunal ultimately upheld the eligibility of Class B members for the deduction under Section 80 P (2) (a) (i) based on the overall cooperative nature and benefits to members of the society.

3. The Tribunal addressed the appellant's argument regarding lending for non-agricultural purposes without considering the provisions of Section 80 P (4) and 2 (24) (viia). The Tribunal had previously ruled against the appellant on similar issues in other cases, leading to a decision not to revisit those aspects in the current appeal. Therefore, the Tribunal did not delve into the specific provisions cited by the appellant in this case.

4. The final issue involved the appellant's claim for deduction under Section 80 P (2) (d) for interest earned from the Salem District Central Co-operative Bank. The assessing officer and CIT (Appeals) had disallowed this claim, leading to the appeal. The Tribunal, following the decision of the Himachal Pradesh High Court in a similar case, allowed the deduction under Section 80 P (2) (d) based on the cooperative nature of the bank and the benefit to the society members. The Tribunal emphasized the cooperative structure and purpose of the bank as key factors in granting the deduction.

In conclusion, the High Court dismissed the Tax Case Appeal, upholding the Tribunal's decision on all issues raised by the appellant, based on the cooperative nature and benefits to members of the societies involved.

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