2024 (3) TMI 1328 - AT - Income Tax

Deduction u/s 80P - interest / dividend income earned from deposits - assessment was concluded by AO holding that, the declared Business Income of the assessee was ineligible for deduction u/s 80P of the Act, on the ground that the assessee had transacted with nominal members and that its interest income was chargeable u/s 56 of the Act under Income from other sources - HELD THAT - It has been rightly submitted by the Ld.AR that the directions of Hon ble Supreme Court in case of Mavilayi Service Co- operative Bank Ltd. 2021 (1) TMI 488 - SUPREME COURT is not considered by the NFAC insofar as the deduction u/s. 80P(2)(a)(i) is concerned. In a subsequent decision in case of Kerala State Co-operative Agricultural and Rural Development Bank Ltd. KSCARDB 2023 (9) TMI 761 - SUPREME COURT , Hon ble Supreme Court has analysed applicability of section 80P(2)(d) deduction in great detail with regard to interest / dividend income earned from deposits. The NFAC/CIT(A) is directed to consider the claims of the assessee in the light of the aforestated decisions by Hon ble Supreme Court. In the interest of justice, we remand these appeals back to NFAC / CIT(A) for read judication on merits. Appeal filed by the assessee stands allowed for statistical purposes.

Summary

Issues involved:
The judgment involves issues related to the concept of mutuality in the appellant society, addition of interest on investments to the returned income, taxation of investment income derived from a bank, and taxability of interest earned from a savings account with a bank.

Concept of Mutuality in Appellant Society:
The appeal questioned the justification of both authorities in dislodging the concept of mutuality in the appellant society despite having regular, associate, and nominal members within permissible limits. The appellate order was challenged for overlooking submissions and relying on distinguishable citations. The appellant sought clarification on the sustainability of the decision regarding the concept of mutuality.

Interest on Investments Addition:
The issue revolved around the justification of the Commissioner of Income Tax (Appeals) in sustaining the addition for interest on investments to the returned income, holding it not eligible for deduction under section 80P of the Act. The appellant, being a Primary Agricultural Credit Society, contested the decision, citing contradictory judgments for support.

Taxation of Investment Income:
The appellant questioned the correctness of upholding the decision that investment income derived from a bank was liable to be taxed and not eligible for deduction, contrary to judgments of the High Court of Kerala and ITAT Bengaluru. The appellant sought clarity on the taxability of interest earned from a savings account with a bank based on relevant legal precedents.

Judicial Review and Remand:
The Tribunal acknowledged the submissions by the appellant's representative regarding the non-consideration of relevant decisions by the NFAC. In light of subsequent judgments by the Supreme Court, the Tribunal directed the NFAC to re-adjudicate the issue based on the observations and directions provided. The appeal was allowed for statistical purposes, and the case was remanded back for a detailed order on merits.

Conclusion:
The judgment addressed the complex issues surrounding the concept of mutuality, addition of interest on investments, and taxation of investment income, emphasizing the need for a thorough reconsideration based on pertinent legal precedents. The Tribunal's decision to remand the case for a detailed review reflects a commitment to ensuring justice and fairness in the application of tax laws.