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2022 (1) TMI 1187 - AT - Income TaxDeduction u/s. 80P(2)(d) - interest from Co-operative Apex Bank and National Bank - contention of the ld. DR is that interest from co-operative bank is not entitled for deduction u/s. 80P(2)(d) - HELD THAT - This is issue is already settled by various decisions of the Tribunal wherein it was held that Co-operative Apex Banks are Central Co-operative Banks and is a co-operative society when it is registered under Cooperative Societies Act and interest received from such co-operative bank is eligible for deduction u/s. 80P(2)(d) - See M/S JAIPUR ZILA DUGDH UTPADAK SAHAKARI SANGH LTD., VERSUS DCIT CIRCLE-06 JAIPUR AND VICE-VERSA. 2019 (10) TMI 759 - ITAT JAIPUR . There is no merit in the argument of the ld. DR and the amount of interest received by the assessee from Co-operative Apex Bank is entitled for deduction u/s. 80P(2)(d) of the Act. Only the interest received from National Bank is not entitled for deduction u/s. 80P(2)(d) of the Act. We dismiss the miscellaneous petition filed by the revenue.
Issues Involved:
1. Eligibility for deduction under Section 80P(2)(d) of the Income-tax Act, 1961. 2. Distinction between co-operative societies and co-operative banks for tax purposes. 3. Applicability of Section 80P(4) to co-operative banks. 4. Gross vs. net interest income for deduction under Section 80P(2)(d). Detailed Analysis: 1. Eligibility for Deduction under Section 80P(2)(d): The primary issue is whether the interest income received by the assessee from Co-operative Apex Bank and National Bank qualifies for deduction under Section 80P(2)(d) of the Income-tax Act, 1961. The Tribunal examined the case and referenced various decisions, concluding that interest received from Co-operative Apex Bank is eligible for deduction under Section 80P(2)(d). The Tribunal relied on the judgment of the Jaipur Bench in the case of Jaipur Zilla Dugdh Utpadak Sahakari Sangh Ltd., which held that interest income derived by a co-operative society from its investments with any other co-operative society is deductible under Section 80P(2)(d). 2. Distinction between Co-operative Societies and Co-operative Banks: The department argued that co-operative societies and co-operative banks are distinct entities, and interest income from co-operative banks does not qualify for deduction under Section 80P(2)(d). The Tribunal, however, referred to multiple judgments, including the Karnataka High Court's decision in the case of PCIT v. Totagars Co-operative Sale Society, which established that co-operative banks are considered co-operative societies for the purposes of Section 80P(2)(d). Therefore, interest income from such banks is eligible for deduction. 3. Applicability of Section 80P(4) to Co-operative Banks: The Tribunal addressed the contention regarding Section 80P(4), which bars co-operative banks from claiming deductions under Section 80P. It was clarified that while co-operative banks themselves cannot claim deductions under Section 80P due to the insertion of Section 80P(4), co-operative societies can still claim deductions on interest income derived from investments with co-operative banks. This was supported by the decision in the case of Kaliandas Udyog Bhavan Premises Co-op Society Ltd., which held that a co-operative society's interest income from investments with co-operative banks is deductible under Section 80P(2)(d). 4. Gross vs. Net Interest Income for Deduction: The Tribunal also addressed whether the deduction under Section 80P(2)(d) should be allowed on gross or net interest income. Citing the Gujarat High Court's decision in the case of Surat Vankar Sahakari Sangh Ltd., it was held that the deduction should be allowed on the gross interest income, not the net interest income after deducting interest expenditure. This interpretation aligns with the statutory language of Section 80P(2)(d), which does not require any adjustment for expenses. Conclusion: The Tribunal dismissed the miscellaneous petition filed by the revenue, affirming that the interest income received by the assessee from Co-operative Apex Bank is entitled to deduction under Section 80P(2)(d) of the Act. However, the interest received from the National Bank is not eligible for this deduction. The Tribunal's decision is consistent with various judicial precedents that support the eligibility of interest income from co-operative banks for deduction under Section 80P(2)(d).
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