2021 (11) TMI 52 - AT - Income Tax

Deduction u/s 80P(2) on interest income - assessee is a primary agricultural credit society registered under the West Bengal Cooperative Societies Act and carrying on business of banking and providing credit facilities to its members and also taking deposits from its farmer members - HELD THAT - As in case of a cooperative society engaged in carrying on business of banking or providing credit facilities to its members, the whole of the amount of profits of business attributable to any or more of such activities as mentioned in section 80P(2), are exempt from taxation. Admittedly, as mentioned by the AO in the assessment order itself, the assessee-society was carrying on business of banking and providing credit facilities to its members and also taking deposits from its farmer members. Therefore, accepting deposits on interest is one of the activities of the assessee-society. In the business of banking or credit facilities, not only accepting deposits but also investment of the deposits is also the part of the business activity of such an entity. To invest the deposits accepted from the members or the surplus funds available with it, is part of the banking/credit business of the assessee-society. Therefore, the investment of the surplus amount in the banks by the assessee-society cannot be said to be not related to the business activity of the assessee-society. Therefore, the interest/dividend income earned by the assessee for such investment, will be eligible for deduction u/s 80P(2).

Summary

Issues:
1. Appeal against the order of Commissioner of Income Tax (Appeals) for the assessment year 2015-16.
2. Denial of deduction claimed under section 80P(2) of the Income Tax Act.
3. Interpretation of section 80P(2) pertaining to cooperative societies engaged in banking activities.
4. Eligibility of interest income earned from bank investments for deduction under section 80P(2).
5. Imposition of interest under sections 234A and 234B.

Issue 1: Appeal against CIT(A) Order
The appellant filed an appeal against the order of the Commissioner of Income Tax (Appeals) for the assessment year 2015-16, challenging the assessment made by the Assessing Officer.

Issue 2: Denial of Deduction under Section 80P(2)
The Assessing Officer denied the deduction claimed by the assessee-society under section 80P(2) of the Income Tax Act, resulting in the addition of a specific amount to the income of the assessee.

Issue 3: Interpretation of Section 80P(2) for Cooperative Societies
The crux of the matter revolved around the interpretation of section 80P(2) concerning cooperative societies engaged in banking activities. The contention was whether the interest income earned from investments in banks was eligible for deduction under this section.

Issue 4: Eligibility of Interest Income for Deduction
The Tribunal analyzed the provisions of section 80P(2) and concluded that since the assessee-society was engaged in banking activities and had invested surplus amounts in banks, the interest income earned from these investments qualified for deduction under section 80P(2). The Tribunal set aside the CIT(A) order on this issue, directing the Assessing Officer to allow the deduction on the income earned from bank investments.

Issue 5: Imposition of Interest under Sections 234A and 234B
The Tribunal addressed the imposition of interest under sections 234A and 234B, dismissing ground no. 5 as consequential in nature.

In conclusion, the Tribunal partly allowed the appeal of the assessee, emphasizing the eligibility of interest income earned from bank investments for deduction under section 80P(2) for cooperative societies engaged in banking activities. The order was pronounced in the open court on 28.10.2021.