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2020 (12) TMI 108 - AT - Income TaxDeduction u/s 80P - CIT(A) upheld disallowance of interest income earned by assessee from nationalised/other co-operative banks by holding that, deduction can only be allowed to co-operative societies registered under cooperative societies Act - HELD THAT - Before us, assessee has not provided the details of interest earned from nationalised/co-operative banks. In our view the issue needs to be revisited by Ld. AO for fresh decision after examining the facts and the light of decision of Hon'ble Karnataka High Court in case of Tumkur Merchants Souharda Credit Co-operative Ltd. 2015 (2) TMI 995 - KARNATAKA HIGH COURT wherein decision by Hon'ble Supreme Court in case of Totgars Co-operative Sale Society Ltd. 2010 (2) TMI 3 - SUPREME COURT has been duly considered. The Ld. AR has also brought to our notice that Hon'ble Karnataka High Court in case of Pr. CIT vs Totgars co-operative Sale Society 2017 (7) TMI 1049 - KARNATAKA HIGH COURT confirmed the order of this tribunal allowing deduction under section 80P(2)(d) of the Act on interest received on investments made in co-operative bank. This decision was however not followed in the subsequent judgment in case of Pr. CIT vs Totgars Co-operative Sale society 2017 (1) TMI 1100 - KARNATAKA HIGH COURT . - We therefore restore the issue back to Ld. AO for fresh consideration. - Decided in favour of assessee for statistical purposes.
Issues:
1. Eligibility for deduction under section 80P(2)(a)(i) of the Act. 2. Classification as a Co-operative Society under the Karnataka Souhardha Act, 1997. 3. Denial of deduction for interest income under section 80P(2)(a)(i). 4. Disallowance of interest income from Co-operative Banks under section 80P(2)(d). 5. Expenditure incurred for earning interest income from investments. Analysis: 1. The Appellate Tribunal considered the appeal filed by the assessee against the order passed by the Ld. CIT(A) for the assessment year 2016-17. The primary contention was the denial of deduction under section 80P(2)(a)(i) by the lower authorities. The Ld. AO held that the assessee, registered under the Karnataka Souhardha Co-operative Act 1997, was not eligible for the deduction. The Tribunal noted conflicting judgments and restored the issue to the AO for fresh consideration based on relevant legal precedents. 2. The classification of the assessee as a Co-operative Society under the Karnataka Souhardha Act, 1997, was a crucial aspect. The Ld. AO denied the deduction under section 80P based on this classification. The Tribunal observed that registration under the Co-operative Societies Act 1959 was not a mandatory requirement for claiming the deduction. The assessee's registration under both Acts was highlighted, and the matter was remanded for reconsideration by the AO. 3. The disallowance of interest income under section 80P(2)(a)(i) was a significant issue in the appeal. The Ld. AO had denied the deduction, citing the nature of income from investments. The Tribunal referred to relevant judgments and directed a fresh assessment by the AO to ensure a comprehensive review of the interest income and its eligibility for deduction under the Act. 4. Another point of contention was the disallowance of interest income from Co-operative Banks under section 80P(2)(d). The Ld. CIT(A) upheld this disallowance, emphasizing the need for registration under the Co-operative Societies Act for such deductions. However, the Tribunal, considering conflicting judgments, remanded the issue back to the AO for a thorough reevaluation based on legal precedents. 5. Lastly, the denial of expenditure incurred for earning interest income from investments was raised in the appeal. The Tribunal, after considering the arguments presented, allowed the appeal for statistical purposes and directed the AO to reexamine the issue in light of relevant legal decisions, ensuring due opportunity for the assessee to present their case.
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