2018 (4) TMI 1854 - AT - Income Tax

Assessee wins appeal for deduction under Income Tax Act, 1961

The Tribunal allowed the appeal of the assessee, granting the deduction claimed under section 80P(2)(d) of the Income Tax Act, 1961. The decision ... Disallowance u/s 80P(2)(d) - interest earned by the assessee society from cooperative banks - HELD THAT:- On identical issue in the case of Income Tax Officer vs M/s Presidency Co-operative Housing Society Ltd. [2018 (3) TMI 309 - ITAT MUMBAI],LANDS END CO-OPERATIVE HOUSING SOCIETY LTD [2016 (2) TMI 620 - ITAT MUMBAI] AND DARBHANGA MANSION CHS LTD. [2014 (12) TMI 1112 - BOMBAY HIGH COURT] decided identical issue in favour of the assessee by holding that the deduction in respect of income cooperative society by way of interest from its investment with other co-operative society, the assessee is entitle to deduction in respect of interest received/derived by it on deposit with cooperative bank - Also see M/S. THE TOTGARS´ COOPERATIVE SALE SOCIETY LIMITED [2010 (2) TMI 3 - SUPREME COURT] - Decided in favour of assessee. Issues:1. Disallowance of deduction u/s 80P(2)(d) of the Income Tax Act, 1961 in respect of interest earned by the assessee society from cooperative banks.Detailed Analysis:The judgment by the Appellate Tribunal ITAT Mumbai involved a dispute regarding the disallowance of a deduction under section 80P(2)(d) of the Income Tax Act, 1961, concerning interest earned by the assessee society from cooperative banks. The assessee challenged the order of the Ld. First Appellate Authority confirming the disallowance of Rs. 61,75,706. During the hearing, the assessee's counsel cited a previous Tribunal decision in a similar case to support their claim. The Ld. DR defended the disallowance made by the Ld. Commissioner of Income Tax (Appeal), leading to a detailed analysis of the relevant legal provisions and precedents.The Tribunal reviewed the facts and contentions, emphasizing the definition of a cooperative society and a cooperative bank under various laws. It referred to judicial decisions, such as the case of M/s. The Quepem Urban Co-operative Credit Society Ltd., to establish that the appellant, being a cooperative society, could not be considered a cooperative bank for the purpose of denying the deduction under section 80P. The Tribunal also highlighted decisions from other benches, including the case of Lands End Co-operative Housing Society Ltd., to support the assessee's claim for deduction based on interest received from investments with cooperative banks.The judgment further discussed the distinction between income assessable as business income and income from other sources for claiming deductions under section 80P(2)(d). It referenced cases like The Nutan Laxmi Chs Ltd and ACIT vs. M/s. Jawala Cooperative Urban Thrift & Credit Society Ltd. to support the assessee's entitlement to the deduction based on interest income from cooperative banks. The Tribunal considered various legal precedents and upheld the appellant's claim for deduction under section 80P(2)(d) in line with consistent judicial interpretations.In conclusion, the Tribunal allowed the appeal of the assessee, emphasizing the principle of consistency in interpreting the provisions of section 80P. The decision was based on a thorough analysis of legal provisions, precedents, and the specific circumstances of the case, ultimately granting the deduction claimed by the assessee.