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Issues involved: Interpretation of exemption under section 81 of the Income-tax Act, 1961 for income derived by a co-operative society from interest on securities and fixed deposits.
Summary: The High Court of Orissa was required to address the question of whether income derived by a co-operative society from interest on securities and fixed deposits qualified for exemption under section 81 of the Income-tax Act, 1961. The co-operative society claimed exemption for the relevant assessment years, but the Income-tax Officer and the Appellate Assistant Commissioner did not fully accept the claim. The matter was then brought before the Income-tax Appellate Tribunal, Cuttack Bench. The Tribunal considered the arguments presented by both the revenue and the assessee. The revenue contended that income assessable under different heads could not be considered as part of profits and gains of business under section 81. However, the Tribunal, guided by the legal principles established by the Supreme Court in a previous case, held that income from interest on securities and fixed deposits could be considered as business income of the assessee, even if classified under different heads. The Tribunal found that the income in question fell within the ambit of profits and gains of the business carried on by the co-operative society. In light of the legal position and the lack of material to challenge the Tribunal's finding, the High Court upheld the Tribunal's decision. It ruled that the income derived from interest on securities and fixed deposits by the co-operative society was indeed entitled to exemption under section 81 of the Income-tax Act, 1961. The judgment was delivered by R. N. Mishra J., with N. K. Das J. concurring. The Court made no direction for costs in this matter.
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