2025 (1) TMI 767 - HC - Income Tax

Revision u/s 263 - deduction claimed by the assessee u/s 80P (2) (d) which was earned by the assessee in the form of interest from the Surat District Cooperative bank Ltd and hence was not allowable as the activities were not associated with the members of the society - HELD THAT - Issue involved in this appeal is already decided by this Court in favourof the assesee in case of Ashwinkumar Arban Cooperative Society Limited. 2024 (11) TMI 971 - GUJARAT HIGH COURT held that the provisions of section 80P (2) (d) would be applicable in the facts of the case and the PCIT was not justified in invoking revisional powers under section 263 of the Act which is rightly reversed by the Tribunal holding that the cooperative bank is a cooperative society registered under the Gujarat State Cooperative Societies Act and in view of the various decisions of the Court, the Tribunal after following the same has come to the conclusion that the assessment was not erroneous allowing deduction of section 80P (2) (d) of the Act which is in consonance with the various decisions of the Court as a twin condition invoking section 263 as to the assessment being erroneous and prejudicial to the interest of the revenue are not being fulfilled. - Decided in favour of assessee.

1. ISSUES PRESENTED and CONSIDERED

The legal judgment presented involves several core legal questions concerning the applicability of Section 80P of the Income Tax Act, 1961. The issues considered by the Gujarat High Court in this judgment are:

Whether the Income Tax Appellate Tribunal (ITAT) was justified in quashing the order of the Principal Commissioner of Income Tax (PCIT) passed under Section 263, holding that the decision of the Assessing Officer (AO) was not erroneous or prejudicial to the interest of the revenue.
Whether the ITAT erred in holding that the AO's order was not erroneous by ignoring the Supreme Court's decision in the Totgars Cooperative Sale Society Ltd. case.
Whether the ITAT was correct in quashing the revision proceedings under Section 263 by overlooking the Karnataka High Court's decision regarding the non-deductibility of interest from investments in cooperative banks under Section 80P.
Whether the ITAT's decision was perverse in holding that the AO had examined the deduction claimed under Section 80P (2) (d) concerning interest received from a cooperative bank.
Whether the ITAT committed an error by holding that the AO's view was reasonable and possible, thus not erroneous, even though the interest from cooperative banks is not eligible for deduction under Section 80P (2) (d).
Whether the ITAT was justified in quashing the PCIT's order, holding that the AO's decision was not erroneous and prejudicial to the revenue's interest, despite the lack of inquiry by the AO.
Whether the ITAT's decision aligns with the Supreme Court's ruling in the case of CIT vs. Paville Projects (P.) Ltd.

2. ISSUE-WISE DETAILED ANALYSIS

Issue (i): Justification of ITAT's Decision to Quash PCIT's Order

Relevant Legal Framework and Precedents: Section 263 of the Income Tax Act allows the PCIT to revise an AO's order if it is erroneous and prejudicial to the interest of the revenue. The ITAT's decision was based on the interpretation of Section 80P (2) (d), which provides deductions for income earned by cooperative societies from investments with other cooperative societies.
Court's Interpretation and Reasoning: The court noted that the ITAT had followed the precedent set by the Gujarat High Court in similar cases, affirming that cooperative banks are considered cooperative societies, thus eligible for deductions under Section 80P (2) (d).
Key Evidence and Findings: The ITAT found that the AO's decision was based on a reasonable interpretation of the law, and thus, not erroneous.
Application of Law to Facts: The court applied the legal principles established in previous cases to the facts, concluding that the AO's decision was not erroneous.
Treatment of Competing Arguments: The court dismissed the revenue's reliance on the Totgars Cooperative Sale Society Ltd. case, differentiating it based on the specific facts and legal context.
Conclusions: The court upheld the ITAT's decision, affirming that the AO's order was not erroneous or prejudicial to the revenue's interest.

Issue (ii): Ignoring Supreme Court's Decision in Totgars Cooperative Sale Society Ltd.

Relevant Legal Framework and Precedents: The Totgars case addressed the non-deductibility of interest from investments in non-cooperative societies. However, the court found that this precedent was not applicable in the current context.
Court's Interpretation and Reasoning: The court distinguished the Totgars case, emphasizing that the interest in question was earned from a cooperative bank, which qualifies as a cooperative society under Section 80P (2) (d).
Key Evidence and Findings: The court found that the context and facts of the Totgars case were not directly applicable to the current case.
Application of Law to Facts: The court applied the legal principles from the Gujarat High Court's previous decisions, supporting the ITAT's interpretation.
Treatment of Competing Arguments: The court rejected the revenue's argument, finding that the ITAT's decision was consistent with binding precedents.
Conclusions: The court concluded that the ITAT did not err in its interpretation, as the facts of the case were distinguishable from the Totgars precedent.

Issue (iii): Quashing of Revision Proceedings under Section 263

Relevant Legal Framework and Precedents: Section 263 allows revision of an AO's order if it is erroneous and prejudicial to revenue. The ITAT's decision was based on the interpretation of Section 80P (2) (d).
Court's Interpretation and Reasoning: The court found that the ITAT correctly applied the law, as the cooperative bank qualifies as a cooperative society, making the interest income deductible.
Key Evidence and Findings: The court noted the ITAT's reliance on established precedents, affirming the correctness of the AO's order.
Application of Law to Facts: The court applied the legal principles from previous cases, supporting the ITAT's interpretation.
Treatment of Competing Arguments: The court dismissed the revenue's argument, finding that the ITAT's decision was consistent with binding precedents.
Conclusions: The court upheld the ITAT's decision, affirming that the AO's order was not erroneous or prejudicial to the revenue's interest.

3. SIGNIFICANT HOLDINGS

Preserve Verbatim Quotes of Crucial Legal Reasoning: The court emphasized that "the deduction under section 80P (2) (d) of the Act is available to the cooperative societies on the income earned as interest on the investment made with the cooperative bank which in turn, is a cooperative society itself."
Core Principles Established: The judgment reinforced the principle that cooperative banks are considered cooperative societies for the purpose of Section 80P (2) (d), allowing deductions for interest income earned from such banks.
Final Determinations on Each Issue: The court dismissed the revenue's appeal, affirming the ITAT's decision and holding that the AO's order was not erroneous or prejudicial to the revenue's interest.

In conclusion, the Gujarat High Court upheld the ITAT's decision, affirming that the AO's order was not erroneous or prejudicial to the interest of the revenue. The court found that the interest income earned from a cooperative bank qualifies for deduction under Section 80P (2) (d), consistent with established precedents. The judgment reinforces the interpretation that cooperative banks are considered cooperative societies for the purpose of Section 80P deductions.

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