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2019 (5) TMI 772 - AT - Income TaxDeduction u/s 80P(2)(d) - interest earned from deposits in Co-operative Banks and nationalised Banks - HELD THAT - As fairly admitted by the assessee, this issue for consideration before us has been considered and decided against the assessee by a Co-ordinate Bench of this Tribunal in the case of Karnataka State Government House Building Cooperative Society Ltd., Vs. ITO 2019 (5) TMI 704 - ITAT BENGALURU following the decision of THE TOTAGARS CO-OPERATIVE SALE SOCIETY, 2017 (1) TMI 1100 - KARNATAKA HIGH COURT we hold that the assessee is not entitled for being allowed deduction under section 80P(2)(d) of the Act on interest income earned on deposits made with Co-operative Banks and nationalized Banks - Decided against assessee.
Issues:
1. Disallowance of deduction under section 80P(2)(d) of the Income Tax Act, 1961 for Assessment Year 2013-14. 2. Eligibility for deduction under section 80P(2)(c) of the Act. 3. Interpretation of interest income from deposits in Co-operative Banks and nationalized Banks for deduction under section 80P(2)(d) of the Act. Issue 1: Disallowance of deduction under section 80P(2)(d) of the Income Tax Act, 1961 for Assessment Year 2013-14: The assessee filed its return of income for Assessment Year 2013-14 claiming deduction under section 80P(2)(d) of the Act. The Assessing Officer disallowed this claim, leading to an appeal by the assessee. The CIT(A) upheld the disallowance, prompting the appeal to the Tribunal. The Tribunal noted that a Co-ordinate Bench had previously decided against the assessee in a similar case. Referring to the decision of the Hon'ble Karnataka High Court in the case of Pr. CIT Vs. Totagars Co-operative Sale Society, the Tribunal held that the assessee was not entitled to the deduction under section 80P(2)(d) for interest income earned on deposits in Co-operative Banks and nationalized Banks. Consequently, the appeal on this issue was dismissed. Issue 2: Eligibility for deduction under section 80P(2)(c) of the Act: The assessee initially sought deduction under section 80P(2)(c) of the Act but later decided not to press this ground during the hearing. As a result, the Tribunal dismissed this ground as infructuous since it was not pursued by the assessee. Issue 3: Interpretation of interest income from deposits in Co-operative Banks and nationalized Banks for deduction under section 80P(2)(d) of the Act: The assessee contended that interest income from deposits in Co-operative Banks and nationalized Banks should be eligible for deduction under section 80P(2)(d) of the Act. However, the Tribunal, considering the precedent set by the Hon'ble Karnataka High Court and a Co-ordinate Bench, ruled against the assessee. The Tribunal emphasized that the issue had already been decided against the assessee based on previous judgments. Consequently, the Tribunal dismissed the appeal on this issue as well. In conclusion, the Tribunal dismissed the assessee's appeal for Assessment Year 2012-13, ruling against the eligibility for deduction under section 80P(2)(d) for interest income earned on deposits in Co-operative Banks and nationalized Banks. The decision was based on established legal precedents and interpretations of relevant provisions of the Income Tax Act, 1961.
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