2023 (10) TMI 88 - AT - Income Tax

Revision u/s 263 - Deduction u/s 80P(2)(a)(i) deduction u/s 80P(2)(d) - HELD THAT - We find that the solitary issue raised in the present appeal is covered by the decision of the co-ordinate bench for assessment year 2017-18 2022 (12) TMI 355 - ITAT PUNE wherein also it was the order passed u/s 263 of the Act read with issue of deduction u/s 80P(2)(a)(i) or 80P(2)(d) of the Act to hold that the interest income earned on the investment of surplus money with banks is also eligible for exemption u/s. 80P(2)(a)(i). Thus order of revision passed by the Ld. PCIT u/s 263 of the Act cannot be sustained in the eyes of law - Decided in favour of assessee.

Summary

Issues Involved:
The judgment involves the revisionary order passed u/s 263 of the Income-tax Act, 1961, related to the assessment year 2017-18, concerning the claim for deduction u/s 80P(2)(a)(i) and u/s 80P(2)(d) of the Act. The key issues revolve around the erroneous assessment order, eligibility of income earned on investments from cooperative banks, and the jurisdiction of the Principal Commissioner of Income Tax (PCIT) to revise the assessment.

Revisionary Order u/s 263:
The appeal challenged the revisionary order of the PCIT, which set aside the assessment order due to the interest & dividend on investment claimed as deduction u/s 80P(2)(d) being earned from a cooperative bank, deemed ineligible. The PCIT directed a fresh decision on the deduction u/s 80P(2)(d) of the Act. The appellant contested the revision on the grounds of following judicial precedents and lack of proper opportunity provided before initiating the action.

Delay Condoned for Appeal:
The appellant's appeal was time-barred by 444 days, but the delay was condoned based on establishing sufficient reasons beyond the delay. Citing relevant legal decisions, the delay was condoned in the interest of justice, dismissing the objection raised by the Revenue.

Validity of Jurisdiction u/s 263:
The key issue was the validity of the assumption of jurisdiction u/s 263 by the PCIT. The Tribunal found that the interest income earned by the cooperative society from cooperative banks qualified for deduction u/s 80P(2)(d) of the Act. Judicial precedents supported the eligibility of such income for exemption u/s 80P(2)(a)(i), rendering the revisionary order erroneous. The Tribunal held that the PCIT's order under section 263 could not be sustained in the eyes of the law, quashing the revisionary order.

Judicial Precedents Supporting the Assessee:
The Tribunal referenced various judicial precedents favoring the appellant's position on the eligibility of income earned on investments from cooperative banks for exemption u/s 80P(2)(a)(i) and u/s 80P(2)(d) of the Act. These precedents reinforced the Tribunal's decision to allow the appeal and quash the revisionary order.

Conclusion:
The Tribunal allowed the appeal of the assessee, finding in favor of the appellant based on the judicial precedents and legal provisions cited. The impugned order of revision passed by the PCIT u/s 263 was deemed unsustainable in the eyes of the law and was quashed. The grounds of appeal raised by the assessee were allowed, resulting in the appeal being allowed by the Tribunal.