2013 (1) TMI 553 - HC - Income Tax

Cooperative Bank Eligible for Tax Deduction under Section 80P(2)(a)(i)

Commissioner Of Income Tax Versus Ghaziabad Zila Sahkari Bank

The Allahabad High Court affirmed the decision of the Income Tax Appellate Tribunal, holding that the respondent bank, operating as a Cooperative Bank for ... Deduction u/s 80P(2)(a)(i) - respondent - assessee is a Cooperative Bank - Held that:- Reserve Bank of India had permitted the assessee - opposite party to continue to operate its banking activities. Thus, for all practical purposes, the assessee is entitled to claim deduction under Section 80P(2)(a)(i). The banking activities carried out by the respondent - assessee cannot be termed to be illegal, contrary or in violation of any statutory provisions - in favour of assessee. Issues:1. Interpretation of Section 80P(2)(a)(i) of the Income Tax Act, 1961.Analysis:The appeal before the Allahabad High Court was filed against the order of the Income Tax Appellate Tribunal, New Delhi, regarding the entitlement of the assessee bank to deduction under Section 80P(2)(a)(i) of the Income Tax Act, 1961. The substantial question of law proposed was whether the Tribunal was legally justified in holding that the assessee bank is entitled to the deduction under the mentioned section. The facts revealed that the respondent bank was a Cooperative Bank formed to work for the development of agriculture and industries, in addition to aiding economically and socially backward classes. It operated through branches and cooperative societies, registered under the U.P. Cooperative Societies Act, 1965. The Reserve Bank of India had permitted the bank to continue its banking activities pending the issuance of a license.The key contention revolved around the interpretation of Section 80P(2)(a)(i) of the Act. The assessee claimed that its income is deductible under this provision, a claim initially denied by the Assessing Officer but later allowed by the Commissioner of Income Tax, Appeals. The Tribunal upheld this decision, emphasizing that the bank was permitted by the Reserve Bank of India to continue its banking activities. The High Court concurred with this interpretation, stating that the bank, for all practical purposes, was entitled to claim the deduction under the mentioned section.The High Court further analyzed that the banking activities carried out by the respondent bank were not illegal, contrary, or in violation of any statutory provisions. Therefore, the order passed by the Tribunal was found to be legally sound and free from any infirmity. Consequently, the appeal was dismissed, affirming the decision that the assessee bank was entitled to the deduction under Section 80P(2)(a)(i) of the Income Tax Act, 1961.