2007 (3) TMI 256 - HC - Income Tax

Exemption u/s 80P(2)(a)(i) - Assessee is a co-operative society engaged in the business of banking. The assessee claimed the exemption under section 80P(2) of the Income-tax Act on the ground that it related to banking activities. - Section 80P of the Income-tax Act 1961 deals with the deduction in respect of income of co-operative societies. Sub clause (i) of clause (a) of sub-section (2) of section 80P provides for deduction in respect of- income of co-operative societies which are engaged in carrying on the business of banking or providing credit facilities to its members. The said sub-section clearly provides that only the banking business is exempted and not any other income is exempted. In the present case also the assessee derived the income from the house property and not from the banking business therefore the assessee cannot be exempted from the income derived by the house property. - The Income-tax Officer in this regard has also rightly recorded the finding that scrutiny of the details filed shows that the assessee received the income from house property. This income does not fall under the head Income from business of banking and as such it is liable to tax under the head Income from house property .

Summary

Issues:
Interpretation of section 80P of the Income-tax Act, 1961 regarding exemption for co-operative societies engaged in banking activities.

Analysis:
The case involved an application under section 256(1) of the Income-tax Act, 1961, arising from a dispute related to the assessment year 1982-83. The assessee, a cooperative society engaged in banking, claimed exemption under section 80P(2) of the Income-tax Act for income related to banking activities. The Income-tax Officer, however, did not accept this claim and assessed the total income differently. The Commissioner of Income-tax (Appeals) allowed the assessee's claim based on a previous Tribunal order. The Department appealed to the Tribunal, which dismissed the appeal, leading to the question of law regarding the exemption of the assessee's rental income under section 80P of the Income-tax Act.

Upon hearing the arguments and reviewing the material, the court delved into the specifics of section 80P of the Income-tax Act, 1961, which deals with deductions for co-operative societies engaged in banking or providing credit facilities. The court highlighted that only income from banking activities is exempted under this section, not income from other sources. In this case, the assessee derived income from house property, not banking business, leading to the conclusion that the assessee cannot claim exemption for income derived from the house property. The Income-tax Officer's finding that the income received by the assessee from the house property is taxable under the head "Income from house property" was deemed correct.

Consequently, the court upheld the Income-tax Officer's order, quashing the decisions of the Commissioner of Income-tax (Appeals) and the Tribunal. The question posed was answered in favor of the Department and against the assessee, resulting in the disposal of the reference application accordingly.