2019 (11) TMI 690 - AT - Income Tax

Revision u/s 263 - Denial of claim u/s 80(P)(2)(d) - HELD THAT - In the instance case, there is no dispute that Ajmer Central Cooperative Bank Ltd is a co-operative society. Therefore, in light of the aforesaid discussions, for the purposes of section 80P(2)(d) it shall be treated as a co-operative society. Therefore, interest on FDRs placed by the assessee society with such cooperative society shall be eligible for deduction u/s 80P(2)(d) of the Act. Whether by virtue of provisions of Section 80P(4) of the Act, the claim of the assessee under section 80(P)(2)(d) can be denied to the assessee society ? - HELD THAT - By virtue of provisions of Section 80P(4) of the Act, the claim of the assessee under section 80(P)(2)(d) cannot be denied to the assessee society as the deposits have been placed by the assessee co- operative society with Ajmer Central Co-operative Bank Ltd which is registered as a co-operative society and retains the same character even though it is carrying on the banking business. Even though the AO has not examined the matter relating to deduction so claimed by the assessee, the order passed by the Assessing officer wherein he has allowed the deduction u/s 80(P)(2)(d) on interest on FDRs placed with Ajmer Central Co- operative Bank Ltd cannot be held as erroneous in view of the aforesaid discussion wherein there cannot be any dispute regarding claim of the deduction u/s 80(P)(2)(d) of the Act. In light of the same, the impugned order passed by the Pr CIT passed u/s 263 of the Act is set-aside and matter is decided in favour of the assessee.

Issues Involved:
1. Legality of initiation of proceedings under Section 263 of the Income Tax Act, 1961.
2. Denial of claim under Section 80P(2)(d) of the Income Tax Act, 1961.
3. Applicability of Section 80P(4) to the assessee society.

Detailed Analysis:

1. Legality of Initiation of Proceedings under Section 263:
The assessee challenged the initiation of proceedings under Section 263, arguing that the order passed by the Assessing Officer (AO) was not erroneous. The Pr. CIT, Ajmer, had issued a show cause notice, asserting that the AO had not made necessary inquiries regarding the deduction claimed under Section 80P(2)(d). The Tribunal noted that the AO's acceptance of the returned income without proper verification rendered the assessment order erroneous and prejudicial to the interest of the Revenue. However, the Tribunal ultimately found that the AO's order was not erroneous regarding the deduction claim, thus setting aside the Pr. CIT's order under Section 263.

2. Denial of Claim under Section 80P(2)(d):
The main contention was whether the interest income on FDRs placed with Ajmer Central Cooperative Bank Ltd. qualifies for deduction under Section 80P(2)(d). The assessee argued that Ajmer Central Cooperative Bank Ltd. is a cooperative society, and thus the interest income from it should be deductible. The Tribunal referred to multiple judicial precedents, including the decisions of the Hon'ble Karnataka High Court and the Hon'ble Jurisdictional High Court, which supported the view that interest income from investments in cooperative banks qualifies for deduction under Section 80P(2)(d). The Tribunal concluded that the interest income from Ajmer Central Cooperative Bank Ltd. is indeed eligible for deduction under Section 80P(2)(d).

3. Applicability of Section 80P(4):
The Pr. CIT argued that the provisions of Section 80P(4) should apply, which excludes cooperative banks from claiming deductions under Section 80P. However, the Tribunal clarified that Section 80P(4) does not affect the deduction eligibility of cooperative societies under Section 80P(2)(d). The Tribunal cited the decision in Bhilwara Zila Dugdh Utpadak Sahakari Sangh Ltd., which held that cooperative societies could still claim deductions for interest income from cooperative banks, as the latter are considered cooperative societies for this purpose. The Tribunal reaffirmed that the assessee, being a cooperative society, is entitled to the deduction under Section 80P(2)(d) despite the provisions of Section 80P(4).

Conclusion:
The Tribunal ruled in favor of the assessee, setting aside the Pr. CIT's order under Section 263 and allowing the deduction under Section 80P(2)(d) for interest income from Ajmer Central Cooperative Bank Ltd. The Tribunal emphasized that the AO's original assessment order was not erroneous regarding the deduction claim, and the provisions of Section 80P(4) do not negate the assessee's eligibility for the deduction.

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