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2021 (10) TMI 861 - AT - Income TaxRevision u/s 263 - claim of deduction under section 80P(2)(d) - HELD THAT - Co-ordinate Bench of Rajkot Tribunal in Surendarnagar District Cooperative Milk Producer Union Ltd. 2019 (9) TMI 978 - ITAT RAJKOT held the assessee co-operative society could not claim benefit under section 80P(2)(d) in respect of interest earned by it from deposits made with nationalized/private banks, however, the said benefit was available in respect of interest earned and on deposits made with co-operative bank. Thus, in view of the aforesaid legal discussion we are of the considered view that order passed by Assessing Officer is not erroneous, though it may be prejudicial to the interest of the Revenue. Therefore, the twin conditions that orders is erroneous and so far as prejudicial to the interest of revenue, as prescribed under section 263 is not fulfilled in the present case. CIT while revising the assessment order relied on the case law in Totagars Co-operative Sales Society (second case) 2017 (1) TMI 1100 - KARNATAKA HIGH COURT wherein the Hon'ble Karnataka High Court held that interest earned by a Co-operative Society from surplus deposits kept with Co-operative bank, is not eligible for deduction under section 80P(2)(d). Considering the legal position that when there are conflicting decisions of non-jurisdictional High Courts, on similar issue, the decision of Jurisdictional High Court is having binding precedent. Thus, keeping in view of the decision Hon'ble Jurisdictional High Court in Surat Vankar Sahakari Sangh Ltd.(supra) 2016 (7) TMI 1217 - GUJARAT HIGH COURT wherein the assessee-co-operative society is held eligible for deduction under section 80P(2)(d) in respect of gross interest received from co-operative bank without adjusting interest paid to said bank, we conclude that the order passed by assessing officer is not erroneous. Hence, the grounds of appeal raised by assessee are allowed.
Issues Involved:
1. Validity of the order passed under section 263 of the Income Tax Act. 2. Whether the assessment order under section 143(3) was erroneous and prejudicial to the interest of Revenue. 3. Eligibility of deduction under section 80P(2)(d) for interest income from deposits in Cooperative Banks. Detailed Analysis: 1. Validity of the order passed under section 263 of the Income Tax Act: The assessee challenged the initiation and passing of the order under section 263 by the Principal Commissioner of Income Tax (Pr.CIT), arguing that it was "bad in law" and lacked proper application of mind to the facts of the case. The Pr.CIT had issued a show cause notice under section 263, suggesting that the interest income earned from Surat District Co-operative Bank Ltd should be disallowed under section 80P(2)(d). The assessee contended that the Assessing Officer (AO) had already examined this issue during the assessment process and had taken a reasonable and plausible view. 2. Whether the assessment order under section 143(3) was erroneous and prejudicial to the interest of Revenue: The assessee argued that the assessment order passed by the AO was neither erroneous nor prejudicial to the interest of the Revenue. It was contended that the AO had examined the issue of deduction under section 80P(2)(d) in detail and had allowed the deduction after due consideration. The assessee cited various High Court and Tribunal decisions to support the claim that merely having a different view does not justify the revision of the order under section 263. The Tribunal agreed with the assessee, noting that the AO had made specific inquiries and had taken a reasonable view, which cannot be deemed erroneous. 3. Eligibility of deduction under section 80P(2)(d) for interest income from deposits in Cooperative Banks: On the merits, the assessee argued that Cooperative Banks should be considered as Cooperative Societies for the purposes of section 80P(2)(d), and thus, interest income from deposits in Cooperative Banks should be eligible for deduction. The assessee relied on multiple judicial precedents, including decisions from the Gujarat High Court and various ITAT benches, which supported the view that interest income from Cooperative Banks is deductible under section 80P(2)(d). The Tribunal noted that the jurisdictional Gujarat High Court in the case of Surat Vankar Sahakari Sangh Ltd. had held that Cooperative Societies are eligible for deduction under section 80P(2)(d) for interest income from Cooperative Banks. The Tribunal also observed that the AO had allowed the deduction after due examination, and thus, the order was not erroneous. Conclusion: The Tribunal concluded that the twin conditions for invoking section 263—that the order must be erroneous and prejudicial to the interest of the Revenue—were not met in this case. The AO had made a reasonable and plausible decision after due inquiry, which was in line with the jurisdictional High Court's precedent. Therefore, the Tribunal set aside the Pr.CIT's order under section 263 and allowed the appeal of the assessee. Result: The appeal of the assessee was allowed, and the order passed by the Pr.CIT under section 263 was set aside.
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