2018 (4) TMI 1990 - AT - Income Tax

Deduction u/s 80P(2)(d) - interest received from co-operative banks - AO rejected the claim on the ground that interest received from other co-operative societies alone is deductible u/s 80P(2)(d) and since the word Bank is not there in the above said section - HELD THAT - We notice that an identical issue was considered by the co-ordinate bench in the case of Lands End Co-operative Housing society Ltd 2016 (2) TMI 620 - ITAT MUMBAI and this issue was decided in favour of the assessee as held assessee is entitled to the deduction in respect of interest received/derived by it on deposits with coop. banks and therefore the appeal of the assessee is allowed by reversing the order of the CIT(A). We hold that the assessee is entitled for deduction u/s 80P(2)(d) of the Act in respect of interest income earned on deposits kept with the co-operative banks. Accordingly we set aside the order passed by Ld CIT(A) on this issue and direct the AO to allow deduction.

Summary

Issues:
Whether the assessee is eligible for deduction u/s 80P(2)(d) of the Act in respect of interest received from co-operative banks?

Analysis:
The appeal pertains to the assessment year 2013-14, where the sole issue is the eligibility of the assessee, a housing co-operative society, for deduction u/s 80P(2)(d) of the Act concerning interest income of Rs. 30.91 lakhs from deposits with co-operative banks. The Assessing Officer (AO) and the Ld CIT(A) rejected the claim stating that only interest received from other co-operative societies is deductible u/s 80P(2)(d) of the Act, excluding banks. However, a similar issue was favorably decided in another case by a co-ordinate bench, emphasizing the interpretation of the relevant provisions of the Act.

The co-ordinate bench's decision highlighted the distinction between u/s 80P(2)(a)(i) and 80P(2)(d) of the Act, clarifying that the former deals with business income of a co-operative society engaged in banking or credit facilities, while the latter allows deduction for interest and dividends from investments with other co-operative societies. The judgment emphasized that a society can claim u/s 80P(2)(d) irrespective of the income source, unlike u/s 80P(2)(a)(i) which is limited to business income. The Hon'ble Supreme Court's precedent further supported this interpretation, allowing the assessee's deduction claim for interest received on deposits with co-operative banks.

In alignment with the co-ordinate bench's decision and the legal interpretation provided, the Tribunal concluded that the assessee is indeed eligible for deduction u/s 80P(2)(d) of the Act for the interest income earned from deposits in co-operative banks. Consequently, the order of the Ld CIT(A) was set aside, directing the AO to allow the deduction as per the provisions of the Act. The appeal of the assessee was allowed, emphasizing the entitlement to the deduction as per the legal framework.

In conclusion, the Tribunal's judgment upheld the assessee's eligibility for deduction u/s 80P(2)(d) of the Act for interest income from co-operative banks, based on the interpretation of relevant provisions and legal precedents. The decision aligned with the principles established by the co-ordinate bench and the Hon'ble Supreme Court, emphasizing the distinction between different sections of the Act concerning income sources and deductions for co-operative societies.