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2025 (4) TMI 95 - AT - Income TaxDisallowance of deduction claimed u/s 80P - interest income earned on deposits made with the District Cooperative Central Bank (DCCB) - HELD THAT - Respectfully following the decision of Vavveru Cooperative Rural Bank Ltd 2017 (4) TMI 663 - ANDHRA PRADESH HIGH COURT and Kakateeya Mutually Aided Thrift and Credit Co-op Society Limited 2023 (9) TMI 211 - ITAT VISAKHAPATNAM held that interest income should be allowed as deduction U/s. 80P(2)(a)(i) - thus quash the order passed by the Ld. Pr. CIT and allow the appeal of the assessee.
ISSUES PRESENTED and CONSIDERED
The core legal question in this case is whether the assessee, a cooperative society, is eligible for a deduction under Section 80P of the Income Tax Act for interest income earned on deposits made with the District Cooperative Central Bank (DCCB). Specifically, the Tribunal considered whether the interest income qualifies for exemption under Section 80P(2)(d), which allows deductions for income derived from investments with other cooperative societies. ISSUE-WISE DETAILED ANALYSIS Relevant Legal Framework and Precedents Section 80P of the Income Tax Act provides deductions for income earned by cooperative societies under certain conditions. Subsection 80P(2)(d) allows deductions for interest or dividends derived by a cooperative society from its investments with other cooperative societies. The Tribunal also considered the precedent set by the Supreme Court in the case of Totgars Cooperative Sale Society Ltd vs. ITO, which held that income from investments not directly related to the operational activities of a cooperative society is not eligible for deduction under Section 80P. Court's Interpretation and Reasoning The Tribunal distinguished the facts of the present case from those in the Totgars Cooperative Sale Society Ltd case. It noted that the interest income in question was derived from deposits made in the regular course of business as required by statutory regulations, rather than from surplus funds not immediately required for business operations. The Tribunal emphasized that the original source of the investment income was the operational income of the cooperative society, which should not lose its character simply because it was deposited in a cooperative bank. Key Evidence and Findings The Tribunal examined the financial statements and audit reports submitted by the assessee, which indicated that the deposits were made as part of the society's regular business activities. The Tribunal also considered the statutory requirements under the AP Cooperative Societies Act, which necessitated such deposits. Application of Law to Facts The Tribunal applied the legal principle that deductions under Section 80P(2)(a) are activity-based, while those under Section 80P(2)(d) and (e) are investment-based. It concluded that since the interest income was attributable to the society's operational activities, it was eligible for deduction under Section 80P(2)(a)(i). Treatment of Competing Arguments The Tribunal considered the arguments presented by the Departmental Representative, who contended that the interest income did not qualify for deduction as it was not derived from investments with another cooperative society. The Tribunal rejected this argument, citing the distinction between operational income and surplus income as established in previous judgments. Conclusions The Tribunal concluded that the order passed by the Principal Commissioner of Income Tax under Section 263, which sought to revise the assessment and disallow the deduction, was not justified. It held that the interest income was indeed eligible for deduction under Section 80P(2)(a)(i) as it was part of the society's operational income. SIGNIFICANT HOLDINGS The Tribunal's decision reinforced the principle that the character of income derived from cooperative societies' operational activities does not change when deposited in cooperative banks. It emphasized that deductions under Section 80P(2)(a) are applicable to operational income, while those under Section 80P(2)(d) and (e) apply to investment income. Core Principles Established The Tribunal affirmed that the nature of income, whether operational or surplus, determines its eligibility for deduction under Section 80P. It clarified that operational income deposited as part of regular business activities retains its character and is eligible for deduction. Final Determinations on Each Issue The Tribunal quashed the order passed by the Principal Commissioner of Income Tax under Section 263, allowing the assessee's appeal and confirming the deduction under Section 80P for the interest income earned from deposits with the District Cooperative Central Bank.
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