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2023 (7) TMI 1260 - AT - Income TaxRevision u/s 263 - exemption of interest income earned by the assessee cooperative society from other co-operative banks or other banks - debatable issue - HELD THAT - As relying on TUMKUR MERCHANTS SOUHARDA CREDIT COOPERATIVE LIMITED 2015 (2) TMI 995 - KARNATAKA HIGH COURT interest income earned on fixed deposits with bank partake of the business income which is eligible for deduction u/s 80P(2)(a)(i) of the Act. The above discussion clearly brings out the fact of existence of debate on the issue of taxability of the interest income earned on the deposits made with other co-operative banks or other banks. Therefore, in the light of the law settled by the Hon ble Supreme Court in the case of Malabar Industrial Co. Ltd. 2000 (2) TMI 10 - SUPREME COURT the power of revision cannot be exercised by the ld. PCIT in exercising of power vested with him u/s 263 in respect of debatable issue. Decided in favour of assessee.
Issues Involved:
The judgment involves the validity of assumption of jurisdiction under section 263 by the Principal Commissioner of Income Tax (PCIT) regarding the exemption of interest income earned by a cooperative society from deposits made with other cooperative banks or banks. Issue 1: Validity of assumption of jurisdiction under section 263 by PCIT The appeals filed by different assessees for various assessment years emanated from the orders of the PCIT under section 263 of the Income Tax Act, 1961. The PCIT set aside the assessment order, directing a re-examination of the issue of exemption of interest income earned on deposits made with other banks. The issue revolved around whether the assessment order was erroneous and prejudicial to the interests of revenue. The Tribunal examined the existence of a debate on the taxability of the interest income and referred to various judicial precedents. It was observed that there was a divergence of opinions among High Courts on the eligibility of such income for exemption under section 80P(2)(a)(i) of the Act. Given the debatable nature of the issue, the Tribunal held that the PCIT could not exercise the power of revision under section 263. Issue 2: Consideration of judicial precedents The Tribunal considered various judgments from different High Courts regarding the taxability of interest income earned on deposits with cooperative banks or other banks. While some courts held that such income was not eligible for exemption under section 80P(2)(a)(i) as it was not attributable to the activities of the society, others took a contrary view. The Tribunal noted that the issue was subject to varying interpretations and hence could not be deemed as an 'erroneous' view by the Assessing Officer. The Tribunal relied on the decision of the Hon'ble Supreme Court in the case of Malabar Industrial Co. Ltd. vs. CIT to emphasize that the power of revision could not be invoked for debatable issues. Separate Judgment: The Tribunal's decision in the appeal ITA No. 186/PUN/2023 for the assessment year 2018-19 was applied mutatis mutandis to the remaining 28 appeals of different assessees for the same assessment years. The Tribunal allowed all the appeals, concluding that the interest income earned on deposits with banks qualified for deduction under section 80P(2)(a)(i) of the Act. This judgment highlights the importance of a clear and non-debatable error in assessment orders for the exercise of revisionary powers under section 263 of the Income Tax Act, 1961. It also underscores the significance of judicial precedents in determining the taxability of specific types of income, especially when there is a divergence of opinions among different High Courts.
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