9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (7) TMI 1055 - AT - Income TaxDisallowance u/s 80P - interest income earned by a cooperative society on its investments held with a co-operative bank - HELD THAT - We are of the considered view that the assessee is a co-operative society which is entitled for deduction under section 80P(2)(d) being interest earned from deposits in a co-operative society. In the case of New Ideal Co-operative Housing Society Ltd 2021 (2) TMI 578 - ITAT MUMBAI and also in the case of M/s Solitaire CHS Ltd 2019 (12) TMI 80 - ITAT MUMBAI held that the interest income earned by a cooperative society on its investments held with a co-operative bank would be eligible for claim of deduction under section 80P(2)(d) - In the case on hand, the CIT(A) has not disposed of the appeals on merit citing reasons that the assessee has not furnished complete details of the ITR, we deem it appropriate to restore the matter to the file of the Ld.CIT(A) for deciding the appeal fresh - Appeal of the assessee is allowed, for statistical purpose.
Issues: Disallowance under section 80P(2)(d) of the I.T. Act, 1961 for assessment years 2014-15, 2015-16 & 2018-19.
Analysis: Issue 1: Disallowance under section 80P(2)(d) of the I.T. Act, 1961 The appeal was filed against the order of Ld.CIT(A), National Faceless Appeal Centre (NFAC), Delhi, for the assessment years 2014-15, 2015-16 & 2018-19. The primary issue in all appeals was the disallowance under section 80P(2)(d) of the I.T. Act, 1961. The assessee, a co-operative housing society, earned interest income on fixed deposits and savings accounts with cooperative banks. The Centralised Processing Centre (CPC) made an adjustment by denying the deduction claimed under section 80P(2)(d) during assessment under section 143(1) of the Act. The Commissioner of Income-tax (Appeals) upheld the CPC's action due to the absence of complete details in the return filed by the assessee. The assessing officer disallowed the claim stating that the deduction under section 80P(2)(d) did not apply to cooperative banks. The Ld.CIT(A) upheld the CPC's order, emphasizing the lack of necessary schedules in the filed return. Issue 2: Rectification application and scope of section 154 of the Act The assessing officer rejected the rectification application of the assessee, stating that there was no mistake apparent on the CPC's order. The Ld.AR for the assessee argued that the required details were submitted before the Ld.CIT(A) but were overlooked. The Ld.DR contended that the assessee was not entitled to the deduction under section 80P(2)(d) and supported the decisions of the authorities below. Issue 3: Tribunal's Decision The Tribunal held that the assessee, being a cooperative society, was entitled to the deduction under section 80P(2)(d) for interest earned from deposits in a cooperative society. Referring to previous Tribunal decisions, it was established that interest income earned by a cooperative society from investments in a cooperative bank qualified for the deduction. The Tribunal noted that the CIT(A) did not decide the appeals on merit due to incomplete details in the ITR filed by the assessee. Consequently, the matter was remanded to the Ld.CIT(A) for fresh consideration after obtaining the necessary details from the assessee. The assessee was directed to provide all required information. The appeals were allowed for statistical purposes. Conclusion The Tribunal's decision clarified the eligibility of a cooperative society for deduction under section 80P(2)(d) for interest earned from deposits in a cooperative society. The case highlighted the importance of providing complete details in the return to substantiate claims and emphasized the need for a thorough review by the authorities before disallowing deductions.
|
