2019 (3) TMI 359 - AT - Income Tax

Disallowance of deduction of interest by virtue of section 80P(4) - provision for interest payment allowability - as per AO interest income of the society from the loan given to the members be not considered as ineligible for deduction by virtue of section 80P(4) - HELD THAT - It transpires during the course of hearing that no exempt income has been derived at the assessee s behest in the impugned assessment year. I put a specific query as to whether the assessee had claimed any 80P deduction or not in the impugned assessment year. Learned counsel has filed assessee s computation of income, return as well as acknowledgement of the impugned assessment year nowhere indicating such a deduction claim. Thus hold in these facts and circumstances that both the lower authorities have erred in disallowing assessee s interest claim vide its above extracted detailed reasoning referring sec. 80P(2) of the Act. Thus direct the Assessing Officer to delete the impugned addition therefore. - Decided in favour of assessee.

Summary

Issues: Delay in filing appeal, Disallowance of interest deduction under section 80P(2)(a)(i) of the IT Act.

Delay in filing appeal:
The appellant's appeal faced a 13-day delay attributed to procedural aspects, which the Revenue did not dispute. The delay was deemed unintentional and non-deliberate, leading to the case being taken up for adjudication on merits.

Disallowance of interest deduction under section 80P(2)(a)(i) of the IT Act:
The primary issue revolved around the disallowance of a deduction claimed by the appellant for interest payable to lenders. The Assessing Officer (AO) disallowed the claim due to the lack of explanation regarding the provision made for interest payment. The appellant argued that as a primary co-operative credit society, it should be eligible for deduction under section 80P(2)(a)(i) of the IT Act, as it did not fall under the provisions of section 80P(4) as per the Banking Regulation Act, 1949.

The AO requested specific details and explanations from the appellant regarding the interest provision, nature of activities, and membership structure, but the appellant failed to provide substantial evidence to support its claims. The appellant's silence on crucial aspects such as the exact nature of its activities, membership details, and loan transactions hindered the substantiation of its eligibility for the claimed deduction under section 80P(2)(a)(i).

The Tribunal found that the appellant's failure to provide concrete evidence regarding its activities, membership structure, and financial transactions led to the inability to verify the nature of income or expenses claimed for deduction under section 80P(2)(a)(i) of the IT Act. The Tribunal concluded that the AO was justified in disallowing the interest claim due to the lack of evidence supporting the appellant's eligibility for the deduction.

During the hearing, it was revealed that no exempt income was derived by the appellant in the assessment year in question. The Tribunal, after examining the documentation and lack of evidence supporting the disallowance, directed the Assessing Officer to delete the addition made to the appellant's income, thereby allowing the appeal in favor of the appellant.

In conclusion, the delay in filing the appeal was condoned, and the disallowance of the interest deduction under section 80P(2)(a)(i) of the IT Act was overturned based on the lack of concrete evidence provided by the appellant to substantiate its eligibility for the claimed deduction.