2021 (8) TMI 152 - AT - Income Tax

Revision u/s 263 - Deduction u/s 80P - assessee had received interest income on bank deposits and other income during the relevant assessment year and this income was not offered by the assessee for taxation - HELD THAT - We notice that assessee made the investment in various banks including Co-operative Bank and earned the interest income and other income.We notice that assessee had claimed income u/s 80P(2)(a) of the Act and constantly AO was allowing the deductions in the previous assessment years from 2011-12 to this assessment year. As brought to our notice the respective decisions of Guttigedarara Credit Co-operative Society Ltd 2015 (7) TMI 874 - KARNATAKA HIGH COURT allowed the claim of the assessee on interest earned by them on the investments made in banks as deductible u/s 80P and these decisions were passed on 28.10.2014 and 09.06.2015. The issue of claiming interest on bank deposits by Co-operative Societies are already settled in favour of the assessee, now the Ld. Pr. CIT raising such settled issued u/s 263 in this assessment year with the findings that AO has not made inquiries in these transactions. In our view revisiting the settled issue and this issue was considered by the AO and passed the relevant assessment order by relying based on the submissions of the assessee that this interest was allowed in the previous assessment years and covered by the Hon ble High Court order which cannot be considered as erroneous in so far as it is prejudicial to the interest of the revenue. Therefore, revisions u/s 263 in the case of the assessee is bad legal precedent. Accordingly, grounds raised by the assessee in this regard are allowed.

Summary

Issues:
1. Jurisdiction under section 263 of the Income Tax Act, 1961.
2. Taxability of interest income from bank deposits and other sources.
3. Eligibility for deduction under section 80P of the Income Tax Act, 1961.

Issue 1: Jurisdiction under section 263 of the Income Tax Act, 1961:
The Appellate Tribunal ITAT Mumbai heard an appeal against an order passed under section 263 of the Income Tax Act, 1961. The Principal Commissioner of Income Tax-3, Mumbai had issued a notice under section 263 to the assessee, questioning the assessment order passed by the Assessing Officer. The Principal Commissioner observed that the Assessing Officer had not inquired into the taxability of interest income from bank deposits and other sources, leading to an under-assessment of income. The Tribunal considered the submissions made by the assessee and concluded that revisiting the settled issue by the Principal Commissioner was unwarranted. The Tribunal found that the issue of claiming interest on bank deposits by Co-operative Societies had been settled in favor of the assessee by previous court decisions. Therefore, the Tribunal allowed the appeal, holding that the revision under section 263 was not justified.

Issue 2: Taxability of interest income from bank deposits and other sources:
The Principal Commissioner observed that the assessee had not offered interest income on bank deposits and other income for taxation, which the assessee had claimed as exempt under section 80P of the Income Tax Act, 1961. The Principal Commissioner held that the interest income earned from fixed deposits with Co-operative Banks and other banks did not qualify for deduction under section 80P(2)(a) of the Act. Instead, he stated that such income fell under the category of "income from other sources" and was only eligible for a deduction of up to ?50,000 under section 80P(2)(c) of the Act. As the Assessing Officer had not inquired into this matter, the Principal Commissioner deemed the assessment order erroneous and prejudicial to the revenue's interest, leading to the issuance of a notice under section 263.

Issue 3: Eligibility for deduction under section 80P of the Income Tax Act, 1961:
The assessee had claimed deduction under section 80P for interest income earned from fixed deposits with Nationalized Banks and Co-operative Banks. The Tribunal noted that the Assessing Officer had consistently allowed such deductions in previous assessment years. The assessee argued that court decisions supported their claim for deduction under section 80P. Specifically, the Tribunal referenced judgments from the Honorable Karnataka High Court that favored the assessee's position regarding interest income earned on bank investments. The Tribunal concluded that the issue had been settled in favor of the assessee by previous court decisions, and the Assessing Officer had correctly relied on these decisions in passing the assessment order. Therefore, the Tribunal allowed the appeal, setting aside the order passed under section 263.

In conclusion, the Appellate Tribunal ITAT Mumbai allowed the appeal filed by the assessee, holding that the revision under section 263 was not justified, and the issue of claiming interest on bank deposits by Co-operative Societies had been settled in favor of the assessee by previous court decisions.