2020 (6) TMI 97 - AT - Income Tax

Deduction u,/s. 80P(2)(a)(i) - AO observed that the interest earned by the co-operative society from its investments in co-operative society shall only qualify for deduction under Section 80P and interest earned by the co-operative society from its scheduled banks does not qualify for deduction - HELD THAT - As decided in M/S. THE JAYANAGAR CO-OPERATIVE SOCIETY LTD. VERSUS THE INCOME TAX OFFICER, WARD 7 2 1 , BANGALORE. 2019 (7) TMI 1219 - ITAT BANGALORE benefit of deduction u/s 80P(2)(a)(i) is only on income which is assessable under the head Income from Business . Interest earned on investment of surplus funds not immediately required in short term deposits and securities by a Co-operative Society providing credit facilities to members or marketing agricultural produce to members is not business income but income from other sources and the society is not entitled to special deduction. Therefore whether the source of funds were Assessee's own funds or out of liability was not subject matter of the decision of the Hon'ble Karnataka High Court in the decision cited by the learned DR. To this extent the decision of the Hon'ble Karnataka High Court in the case of Tumukur Merchants Souharda Co-operative Ltd. ( 2015 (2) TMI 995 - KARNATAKA HIGH COURT still holds good. Hence, on this aspect, the issue should be restored back to the AO for a fresh decision after examining the facts in the light of these judgment of the Hon'ble Apex Court rendered in the case of The Totgars Co-operative Sale Society Ltd.(supra) and of Hon'ble Karnataka high Court rendered in the case of Tumukur Merchants Souharda Co-operative Ltd.(supra) - Assessee appeal allowed for statistical purposes

Summary

Issues:
- Interpretation of Section 80P(2)(d) of the Income Tax Act, 1961 for deduction of interest income earned by a co-operative society from scheduled banks.
- Applicability of judicial precedents in determining the eligibility of interest income for deduction under Section 80P(2)(d).
- Consideration of conflicting decisions of High Courts in similar cases.

Analysis:
1. The primary issue in this case was the interpretation of Section 80P(2)(d) of the Income Tax Act, 1961 regarding the deduction of interest income earned by a co-operative society from scheduled banks. The Assessing Officer contended that only interest earned from investments in co-operative societies qualified for deduction under Section 80P, excluding interest from scheduled banks. The co-operative society, on the other hand, argued that the entire interest income, including that from scheduled banks, should be eligible for deduction under Section 80P(2)(a)(i) as it formed part of its business profits. The Tribunal referred to various judicial decisions to resolve this issue.

2. Another significant issue involved the applicability of judicial precedents in determining the eligibility of interest income for deduction under Section 80P(2)(d). The co-operative society relied on judgments of the Hon'ble High Court of Karnataka in similar cases to support its claim for deduction of interest income from scheduled banks. The Tribunal considered these precedents to guide its decision-making process and ensure consistency in interpreting the law.

3. The Tribunal also addressed the conflicting decisions of High Courts in similar cases. It noted the differing interpretations of the law in cases such as Tumkur Merchants Souharda Credit Co-op Ltd. Vs. ITO and Totgars Co-operative Sale Society Ltd. Vs. ITO. By analyzing these conflicting decisions, the Tribunal aimed to provide clarity and guidance on the correct application of Section 80P(2)(d) in the context of interest income earned by co-operative societies from scheduled banks.

4. Ultimately, the Tribunal set aside the order of the CIT(Appeals) and remitted the disputed issues back to the Assessing Officer for fresh consideration in light of the judicial precedents and directions provided. The Tribunal allowed the appeal of the assessee for statistical purposes, emphasizing the importance of consistent interpretation of tax laws and adherence to established legal principles.

5. In conclusion, the Tribunal's judgment highlighted the significance of judicial precedents, the need for clarity in interpreting tax laws, and the importance of ensuring uniformity in decision-making processes to uphold the principles of fairness and justice in tax assessments.