2022 (2) TMI 1230 - AT - Income Tax

Tribunal Overturns Tax Order, Emphasizes Legal Compliance

M/s. Kakkabe VSSN Bank Ltd. Versus The Principal Commissioner of Income-tax, Mysore

The Tribunal annulled the impugned order under section 263, finding the Principal Commissioner of Income Tax's directions arbitrary and not in line with ... Revision u/s 263 - Eligibility of deduction u/s. 80P(2)(a)(e) - CIT was of the opinion that though assessee is a cooperative society and carries on the business of providing credit facility to its members, the interest earned from the institutions cannot be allowed as deduction u/s. 80P(2)(a)(i) - HELD THAT:- The issues needs to be revisited by the Ld.AO, however, the directions of the Ld. Pr. CIT to make addition in respect of the provision for gratuity as well as expressing the intention of disallowing certain income while computing 80P(2)(e) as well as (a)(i) is not in accordance with law. We also refer that Hon'ble Supreme Court in the case of Mavilayi Service Cooperative Bank Ltd. [2021 (1) TMI 488 - SUPREME COURT] considered the issue relating to interest income earned and has distinguished the decisions in case of Tumkur Merchants Souharda Credit Co-operative Society Ltd. [2015 (2) TMI 995 - KARNATAKA HIGH COURT]. In view of the above, we modify the directions of Ld. Pr. CIT by directing the Ld.AO to carry out de novo verification on the issues considered by the Ld. Pr. CIT in the impugned order having regard to the principle laid down by Hon’ble Supreme Court in case of Mavilayi Service Cooperative Bank Ltd. Vs. CIT (supra). The assessee is directed to file all requisite details in support of the claim which would be verified by the Ld.AO in accordance with law. Appeal filed by the assessee stands allowed for statistical purposes. Issues:1. Jurisdiction under section 263 of the Income-tax Act, 1961.2. Eligibility for deduction under section 80P(2)(a)(i) and 80P(2)(e).3. Treatment of provisions for gratuity, audit fee, and IT/ST.4. Compliance with legal principles and precedents.Jurisdiction under section 263:The appeal challenged the jurisdiction of the Principal Commissioner of Income Tax (Pr. CIT) under section 263, contending that the original assessment order was not erroneous or prejudicial to the revenue's interest. The appellant argued that the Pr. CIT's intervention lacked legal basis and violated established legal principles. The appellant further disputed the Pr. CIT's assumptions and directions, claiming they were incorrect and not supported by the law. The appellant also raised concerns about the Pr. CIT's jurisdiction on issues beyond the scope of scrutiny, breaching CBDT guidelines. The Tribunal found that the Pr. CIT's directions were arbitrary and not in accordance with settled legal positions, ultimately annulling the impugned order under section 263.Eligibility for deduction under section 80P(2)(a)(i) and 80P(2)(e):The Pr. CIT questioned the appellant's eligibility for deduction under section 80P(2)(a)(i) and 80P(2)(e) of the Act, specifically regarding interest income earned and trading activity income. The Pr. CIT directed the Assessing Officer (AO) to disallow certain provisions and verify the nature of income for correct deduction computation. However, the Tribunal disagreed with the Pr. CIT's directions, citing legal precedents and distinguishing relevant case law. The Tribunal modified the directions, instructing the AO to conduct a fresh verification based on principles established by the Supreme Court, ensuring proper opportunity for the appellant to provide necessary details.Treatment of provisions for gratuity, audit fee, and IT/ST:The Pr. CIT raised concerns about the provisions made by the appellant for gratuity, audit fee, and IT/ST, directing the AO to add them back to the net profit due to lack of proof of actual expenditure. The Tribunal found the Pr. CIT's directions inappropriate and not in line with legal requirements. Referring to relevant legal decisions, the Tribunal directed the AO to conduct a de novo verification considering the principles laid down by the Supreme Court. The appellant was instructed to provide supporting details for the claims, ensuring a fair opportunity to be heard.Compliance with legal principles and precedents:Throughout the judgment, the Tribunal emphasized the importance of compliance with legal principles and precedents. The Tribunal referred to specific legal cases to support its conclusions and ensure that the directions given by the Pr. CIT were in line with established legal norms. By upholding the significance of legal precedents and principles, the Tribunal aimed to provide a fair and just decision in the matter, ultimately allowing the appeal for statistical purposes.This detailed analysis of the judgment covers the issues raised in the appeal and the Tribunal's findings regarding jurisdiction, deduction eligibility, treatment of provisions, and compliance with legal standards.