2009 (7) TMI 69 - HC - Income Tax

Co-operative Bank Deduction u/s 80P Unexplained Income - The assessee invested certain sums, out of the surplus funds available out of the working capital including voluntary reserves, in various government securities and with the banks. Such investments are integral part of normal banking activities and, therefore, the assessee claimed deduction in respect of such income under Section 80P(2)(a)(i) of the Income Tax Act, 1961 held that interest and dividend income derived out of investment are entitled to deduction - The assessing officer added Rs.2,86,260/- as unexplained cash credit under Section 68 of the said Act. - Such liability in suspense account was shown by the assessee in the normal course of its business as the amount could not be properly identified - the amount could not be treated as unexplained cash credit inasmuch as in the daily business of the banking transactions there are number of entries, which could not be properly tallied due to various mistakes, and, therefore, was shown in the suspense account

Summary

Issues:
Appeal against Income Tax Appellate Tribunal's judgment regarding deductions under Section 80P(2)(a)(i) for assessment years 2003-04 and 2004-05. Disallowance of expenses and treatment of liability in suspense account under Section 68 of the Income Tax Act.

Analysis:
The case involved an appeal against the Income Tax Appellate Tribunal's decision concerning deductions claimed by a cooperative bank under Section 80P(2)(a)(i) for the assessment years 2003-04 and 2004-05. The bank had invested surplus funds in government securities and banks, claiming deductions for the income derived from these investments. The assessing officer disallowed 10% of claimed expenses and treated a certain amount as unexplained income under Section 68 of the Income Tax Act.

The tribunal upheld the assessing officer's decision, leading to the appeal. The respondent, representing the bank, did not challenge the tribunal's decision regarding the disallowance of expenses. The court considered Section 80P(2)(a)(i) of the Income Tax Act, stating that income derived from investments by a cooperative society engaged in banking activities should be deducted from the total income. Citing a Karnataka High Court case, it affirmed that interest and dividend income from investments are eligible for deduction.

Regarding the treatment of the amount shown as liability in the suspense account, the assessing officer added it as unexplained cash credit under Section 68. However, the bank explained that the amount was in the suspense account due to reconciliation issues in daily banking transactions. The court agreed with the tribunal's reasoning that such entries in the suspense account were part of normal banking transactions and not unexplained cash credits, dismissing the assessing officer's stance.

The court concluded that the appeal raised no substantial legal questions and dismissed it summarily. Consequently, the connected application was also dismissed, with no order as to costs. All parties were instructed to act on a signed copy of the order.