2020 (3) TMI 402 - HC - Income Tax

Deduction u/s 80P(2)(a)(i) - income by way of interest or dividends derived by the co-operative society from its investments with any other co-operative society - HELD THAT - We find that revenue s case is covered by South Eastern Railways Employees Co-operative Credit Society Limited 2016 (9) TMI 814 - CALCUTTA HIGH COURT The Act of 2006 and Rules thereunder mandate 10% of net profit in every cooperative year to be transferred to a reserve fund. Interest income on rest of the net profit of respondent appears to be similar income or to be similarly treated as interest income on investment of sale of agricultural produce of the assessee in Totgar s 2010 (2) TMI 3 - SUPREME COURT that assessee being one coming within sub-clause (a)(iv) under sub-section (2) in section 80P. Assessee being a credit society similar to assessee South Eastern Railways Employees Co-operative Credit Society Limited, Totgar s (supra) would apply to its such income. It follows that the question in this appeal is to be answered in the affirmative, in favour of revenue and we so answer it. Having answered the question as we have, we direct the matter be remanded to the Assessing Officer, to work out interest earned on the reserve fund, if invested and allow deduction therefore in addition to the deduction already allowed in applying section 80P(2)(d), as in the assessment order. Said deduction was correctly allowed and allowing of only it cannot be taken to imply, reason to have disallowed the other income was by going on manner of such investments.

Issues involved:
1. Applicability of Totgar's case to cooperative societies providing credit facilities.
2. Interpretation of provisions under West Bengal Co-operative Societies Act, 2006 and Income Tax Act, 1961.
3. Deduction of interest income under section 80P.
4. Disallowance of interest income by the Assessing Officer.
5. Comparison with a previous judgment regarding deductions for cooperative societies.
6. Remand to Assessing Officer for further calculations.

Analysis:
1. The primary issue in this case was the applicability of the Totgar's case to cooperative societies providing credit facilities. The appellant argued that the Supreme Court's decision in Totgar's Co-operative Sale Society Ltd. vs ITO clarified that interest income from investments should be taxable under section 56 of the Income Tax Act, rather than being eligible for deduction under section 80P. The respondent, a cooperative society, relied on provisions of the West Bengal Co-operative Societies Act, 2006 and argued that their interest income should be deductible as profits and gains of the business.

2. The interpretation of provisions under the West Bengal Co-operative Societies Act, 2006 and the Income Tax Act, 1961 played a crucial role in the judgment. The respondent highlighted sections 79 and 82 of the Act, along with relevant rules, to support their claim that interest income from investments should be considered profits and gains of their business. The appellant, on the other hand, emphasized the Supreme Court's interpretation in Totgar's case to assert that such income should be taxed under a different section.

3. The deduction of interest income under section 80P was a key aspect of the case. The respondent argued that their interest income should be deductible in computing the total income, as it was derived from investments made in accordance with the provisions of the Act and rules. The appellant contended that the interest income did not qualify for deduction under section 80P based on the Totgar's case interpretation.

4. The Assessing Officer's disallowance of a major part of the interest income from being deducted was also a significant issue. The respondent pointed out the disallowance in the assessment order and argued that the Tribunal upheld the decision without providing a clear reference to support their decision, leading to further contention regarding the deduction of interest income.

5. The comparison with a previous judgment, specifically the South Eastern Railways Employees Co-operative Credit Society case, was crucial in determining the outcome of the appeal. The court found that the facts of the present case were similar to the previous judgment, where the entire interest income was not disallowed, emphasizing the need for consistency in applying the law to cooperative societies providing credit facilities.

6. The court ultimately remanded the matter to the Assessing Officer for further calculations and directed the assessment of interest earned on the reserve fund, if invested, to be allowed as a deduction. The judgment provided clarity on the applicability of the Totgar's case to cooperative societies and highlighted the importance of consistent interpretation and application of relevant provisions in such cases.

← Previous Next →