2022 (3) TMI 1350 - AT - Income Tax

Disallowance u/s 80P(2)(d) - AO held that a Co-op Bank does not fall under the purview of coop society referred to in section 80P(2)(d) - AO denied the claim of exemption u/s 80P in respect of interest derived from Saraswat Cooperative Bank Ltd. - HELD THAT - What is relevant for claiming of deduction u/s 80P(2)(d) is that interest income should have been derived from the investment made by the assessee cooperative society with any other cooperative society. In the present case, the reasoning given by the lower authorities for denial of exemption u/s 80P(2)(d) of the Act is that interest was received from cooperative bank not from cooperative society has no legs to stand as a cooperative bank is also a cooperative society as held by the Karnataka High Court in the case of CIT vs. Sri Biluru Gurubasava Pattina Sahakari Sangha Niyamitha Bagalkot 2015 (1) TMI 821 - KARNATAKA HIGH COURT As regards to the eligibility of exemption u/s 80P(2)(d), this issue was considered by the Hon ble Karnataka High Court in the case of CIT vs. Totagars Cooperative Sale Society 2017 (1) TMI 1100 - KARNATAKA HIGH COURT wherein referring to the case of Totgars Co-operative Sales Society Ltd. 2010 (2) TMI 3 - SUPREME COURT held that the ratio of decision of the Hon ble Supreme Court in the aforesaid case (supra) held not to be applicable in respect of interest income on investment as same falls under the provisions of section 80P(2)(d) and not u/s 80P(2)(a)(i) of the Act. Thus the reasoning adopted by the lower authorities cannot be accepted. However, there can be no dispute on facts that the appellant society had received the interest from another cooperative society and, therefore, the income so derived is exempt under the provisions of section 80P(2)(d) of the Act. Thus, the grounds raised by the assessee are allowed.

Summary

Issues Involved:
- Disallowance under section 80P(2)(d) of the Income Tax Act
- Eligibility for exemption under section 80P(2)(d)
- Levying of interest under section 234A, 234B, and 234C of the Act

Analysis:

Issue 1: Disallowance under section 80P(2)(d) of the Income Tax Act
The appellant, a cooperative society formed for setting up sugar factories, filed an appeal against the disallowance of exemption under section 80P(2)(d) of the Income Tax Act for interest received from a cooperative bank. The Assessing Officer denied the exemption, stating that a cooperative bank does not fall under the purview of a cooperative society as per section 80P(2)(d). The CIT(A) upheld this decision. However, the Tribunal noted that income derived by a cooperative society from investments held with another cooperative society is exempt under section 80P(2)(d). The Tribunal cited legal precedents, including the Karnataka High Court's ruling that a cooperative bank is also a cooperative society. Consequently, the Tribunal allowed the appeal, stating that the interest income was derived from another cooperative society, making it eligible for exemption under section 80P(2)(d).

Issue 2: Eligibility for exemption under section 80P(2)(d)
The Tribunal referred to various legal judgments, such as the case of Totagars Cooperative Sale Society, to establish the eligibility criteria for exemption under section 80P(2)(d). It highlighted that interest income on investments falls under section 80P(2)(d) and not section 80P(2)(a)(i) of the Act. By analyzing different court decisions and legal positions, the Tribunal concluded that the appellant society had received interest from another cooperative society, making the income exempt under section 80P(2)(d). The Tribunal emphasized the importance of the source of income and the nature of the cooperative entity involved in determining exemption eligibility.

Issue 3: Levying of interest under section 234A, 234B, and 234C of the Act
The Tribunal did not delve into this issue specifically in the judgment provided. However, it is noted that the appellant had raised concerns about the levying of interest under section 234A, 234B, and 234C of the Act in their grounds of appeal. As the Tribunal allowed the appeal based on the eligibility for exemption under section 80P(2)(d), it can be inferred that the Tribunal did not find merit in the Assessing Officer's decision to levy interest under the mentioned sections.

In conclusion, the Tribunal allowed the appeals of the assessee for the assessment years 2012-13, 2013-14, and 2014-15, based on the eligibility for exemption under section 80P(2)(d) of the Income Tax Act. The judgment emphasized the importance of the source of income and the nature of cooperative entities in determining exemption eligibility, citing legal precedents and relevant legal positions.