9911796707
TMI Blog2023 (1) TMI 1409X X X X Extracts X X X X X X X X Extracts X X X X ..... 1961 (hereinafter "the Act") of an amount of Rs. 3,34,570/- which the assessee has earned as interest on fixed deposit in a Co-operative Bank. 2. Assessee is a Co-operative Housing Society, registered under the Maharashtra Co-op Society Act 1960 and have earned interest from three (3) Co-operative Banks viz, (i) Shamrao Vitthal Co-operative Bank (ii) Saraswat Co-operative Bank & (iii) Mumbai District Co-operative Bank. The assessee housing society earned interest income of Rs. 3,34,570/- from the fixed deposit kept in the aforesaid three (3) Co-operative banks and claimed deduction u/s 80P(2)(d) of the Act. However, the claim have been disallowed by both the Ld. CIT(A)/AO. Therefore, the assessee has preferred this appeal before us. We no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come from Mumbai District Central Co-operative Bank to the tune of Rs. 17,58,119.00/- u/s 80P(2)(d) of the Act was rejected by CPC u/s 143(1) of the Act. Aggrieved, the assessee preferred an appeal before the Ld. CIT(A) who was pleased to confirm the action of the CPC by relying on the decision of the Hon'ble Karnataka High Court decision in the case of PCIT Vs. Totgars Co-operative Sales Society (2017) 83 taxmann.com 140 (Karn) wherein the Hon'ble High Court held in favour of the revenue. Aggrieved, the assessee is before this Tribunal. 3. Heard both the parties and perused the records. It is undisputed that the assessee is a Cooperative Society which has earned interest income on its fixed deposit to the tune of Rs. 17,58,199/- from Mum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents with any other co-operative society, the whole of such income;" 5. From a bare reading of Sec. 80P(2)(d), it can be discerned that interest income derived by an assessee co-operative society from its investments held with any other co-operative society shall be deducted in computing its total income. So, what is relevant for claim of deduction under Sec. 80P(2)(d) is that the interest income should have been derived from the investments made by the assessee co-operative society with any other co-operative society. So if the interest income is derived by a co-operative society from its investments made with any other co-operative society, the claim of deduction under Sec. 80P(2)(d) of the Act is a valid claim. Further the term "co-ope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that a co-operative society would be entitled for claim of deduction under Sec. 80P(2)(d) on the interest income derived from its investments held with a co-operative bank is covered in favour of the assessee in the following cases: (i). M/s Solitaire CHS Ltd. vs. Pr. CIT, ITA No. 3155/Mum/2019; dated 29.11.2019 ( ITAT "G" Bench, Mumbai); (ii). Majalgaon Sahakari SAkhar Karkhana Ltd. Vs. ACIT, Circle-3, Aurangabad, ITA No, 308/Pun/2018 (ITAT Pune) M/s Rena Sahakari Sakhar Karkhana Ltd. Vs. Pr. CIT-2, Aurangabad ITA No. 1249/Pun/2018 - A.Y 2013-14 7 (iiii). Kaliandas Udyog Bhavan Pemises Co-op. Society Ltd. Vs. ITO, 21(2)(1), Mumbai We further find that the Hon'ble High Court of Karnataka in the case of Pr. Commissioner of Incom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resaid conflicting judicial pronouncements, we may herein observe, that as held by the Hon'ble High Court of Bombay in the case of K. Subramanian and Anr. Vs. Siemens India Ltd. and Anr (1985) 156 ITR 11 (Bom), where there is a conflict between the decisions of non-jurisdictional High Court‟s, then a view which is in favour of the assessee is to be preferred as against that taken against him. Accordingly, taking support from the aforesaid judicial pronouncement of the Hon‟ble High Court of jurisdiction, we respectfully follow the view taken by the Hon'ble High Court of Karnataka in the case of Pr. Commissioner of Income Tax and Anr. Vs. Totagars Cooperative Sale Society (2017) 392 ITR 74 (Karn) and that of the Hon'ble Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
