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2024 (4) TMI 133 - AT - Income TaxDeduction claimed u/sec. 80P(2)(a)(i) - interest income from the investments made in co-operative/scheduled bank(s) - HELD THAT - As decided in RENA SAHAKARI SAKHAR KARKHANA LTD 2022 (1) TMI 419 - ITAT PUNE we respectfully follow the view taken in the case of Totagars Cooperative Sale Society 2017 (1) TMI 1100 - KARNATAKA HIGH COURT and State Bank Of India 2016 (7) TMI 516 - GUJARAT HIGH COURT wherein it was observed that the interest income earned by a co-operative society on its investments held with a co-operative bank would be eligible for claim of deduction under Sec. 80P(2)(d) of the Act. Decided in favour of assessee.
Issues Involved:
1. Disallowance of deduction claimed u/s 80P(2)(a)(i) of the Income Tax Act, 1961. 2. Eligibility of interest income from investments in co-operative/scheduled banks for deduction u/s 80P(2)(d). Summary: Issue 1: Disallowance of Deduction Claimed u/s 80P(2)(a)(i) The assessee's sole substantive grievance was the disallowance of its deduction claimed u/s 80P(2)(a)(i) amounting to Rs. 18,74,289/-. The Tribunal referred to its recent coordinate bench's order in ITA.No.1249/PUN./2018, which had rejected the Revenue's identical arguments. The Tribunal found that the Principal Commissioner of Income Tax (Pr. CIT) had erred in disallowing the deduction by interpreting that the co-operative banks were commercial banks and not co-operative societies, thus making the assessee ineligible for the deduction. Issue 2: Eligibility of Interest Income from Investments in Co-operative/Scheduled Banks for Deduction u/s 80P(2)(d) The Tribunal examined whether the interest income earned from investments/deposits made with co-operative banks is eligible for deduction u/s 80P(2)(d). It was observed that the Pr. CIT had set aside the assessment order on the grounds that co-operative banks are not co-operative societies and thus, the interest income from such banks would not qualify for the deduction. However, the Tribunal noted that as long as the interest income is derived from investments made by a co-operative society with any other co-operative society, the deduction under Sec. 80P(2)(d) would be available. The Tribunal highlighted several judicial pronouncements supporting the view that interest income earned from investments with co-operative banks qualifies for deduction u/s 80P(2)(d). It cited cases like M/s Solitaire CHS Ltd. vs. Pr. CIT, Majalgaon Sahakari Sakhar Karkhana Ltd. vs. ACIT, and others. Additionally, it referred to the CBDT Circular No. 14, which clarified that the purpose behind the enactment of sub-section (4) of Sec. 80P was to exclude co-operative banks from claiming the deduction, not co-operative societies. The Tribunal concluded that the Assessing Officer (A.O) had taken a plausible view in allowing the assessee's claim for deduction u/s 80P(2)(d) and that the Pr. CIT had exceeded his jurisdiction by dislodging this view. Therefore, the Tribunal set aside the Pr. CIT's order and restored the A.O's assessment order. Conclusion: The Tribunal allowed the assessee's appeal, accepting the deductions claimed u/s 80P(2)(a)(i) and 80P(2)(d). The Revenue's arguments supporting the disallowance were rejected. The order was pronounced in the open Court on 18.03.2024.
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