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TMI Blog2024 (6) TMI 1390X X X X Extracts X X X X X X X X Extracts X X X X ..... e while filing the return of income has claimed such interest as a deduction u/s 80P(2)(d). We notice that the lower authorities have denied the benefit of deduction for all the AYs under consideration for the reason that the interest received from Co-operative Bank is not eligible for deduction u/s 80P(2)(d). We hold that the assessee is entitled for deduction under section 80P(2)(d) towards income derived from deposits with Co-operative Bank - Assessee appeal allowed. - MS PADMAVATHY S, AM AND SHRI RAJ KUMAR CHAUHAN, JM For the Appellant : Shri Ashish A. Thakurdesai, CA For the Revenue : Shri Dr. Kishor Dhule, CIT-DR Shri G. Santosh Kumar, Sr. DR ORDER Per Bench: These appeals by the assessee are against the separate orders of the Commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the reason that the deduction is claimed towards interest received from deposits with Co-operative Bank. The ld. AR further submitted that the term cooperative society is much wider and includes a Cooperative Bank also and that this proposition has been upheld in various judicial pronouncements. The ld. AR also submitted that the Co- ordinate Bench has been consistently holding that interest received from deposits with Co-operative Bank is also eligible for deduction under section 80P(2)(d) of the Act and in this regard placed reliance on the decision of the Co-operative Bank in the case of Pathare Prabhu Co operative Housing Society Ltd. Vs ITO [2023] 153 taxmann.com 714 (Mumbai - Trib.) and Kona Seema Co-operative Housing Society Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s a Cooperative Housing Society and during the assessment year 2015-16 earned interest income of Rs. 5,74,097 from the investments made in Saraswat Cooperative Bank Ltd and Maharashtra State Co-operative Bank Ltd. 6. Before proceeding further, it is relevant to note the provisions of section 80P of the Act under which the assessee has claimed the deduction in the present case. As per the provisions of section 80P(1) of the Act, the income referred to in sub-section (2) to section 80P shall be allowed as a deduction to an assessee being a Cooperative Society. Further, section 80P(2)(d) of the Act, reads as under: 80P. Deduction in respect of income of co-operative societies. (1) ...... (2) The sums referred to in sub-section (1) shall be the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee kept the deposits in Saraswat Cooperative Bank Ltd and Maharashtra State Co-operative Bank Ltd and earned interest, which was claimed as a deduction under section 80P(2)(d) of the Act. The deduction under section 80P(2)(d) of the Act was denied on the basis that the Saraswat Co-operative Bank Ltd and Maharashtra State Co-operative Bank Ltd are multi-state scheduled banks and therefore interest derived will not qualify for deduction under section 80P(2)(d) of the Act. However, from the perusal of section 80P(2)(d) of the Act, it is sufficiently evident that there is no restriction on claiming deduction under the said section in respect of interest income earned from the Cooperative society operating in multiple states. Further, sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e stands concluded by the decisions of this Tribunal as referred to above. Even the Hon ble Madras High Court in the case of Thorapadi Urban Co-op. Credit Society Ltd. (supra) has held thus in paras 8 to 10 of its order :- 8. The main issue is to decide in the present case is as to whether the petitioner Co-operative Society is entitled for a deduction for the interest income received from the Co-operative Bank? 9. It would be appropriate to extract hereunder the relevant portion of Section 80P(2)(d). 80 P. Deduction in respect of income of co- operative societies: (1) (2) The sums referred to in sub-section (1) shall be the following, namely:- (a) to (c)........... (d) in respect of any income by way of interest or dividends derived by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... operative society as defined under the Act, be it a Cooperative Society carrying on banking business or Co-operative Society carrying on the other businesses or a Co-operative bank. 9. In that view of the matter, we find that the appeal has to succeed 8. From the perusal of records, we noticed that the assessee has placed the surplus funds in deposits with various Co-operative Banks and has received interest income on the same. The assessee while filing the return of income has claimed such interest as a deduction under section 80P(2)(d). We notice that the lower authorities have denied the benefit of deduction for all the AYs under consideration for the reason that the interest received from Co-operative Bank is not eligible for deduction ..... X X X X Extracts X X X X X X X X Extracts X X X X
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