Tax Exemption for Agricultural Credit Societies Clarified by Court

THE CHIRAYINKEEZHU SERVICE CO-OPERATIVE BANK LIMITED Versus CENTRAL BOARD OF DIRECT TAXES DEPARTMENT OF REVENUE, MINISTRY OF FINANCE GOVERNMENT OF INDIA, PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX, INCOME TAX OFFICER, THE THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, TREASURY DIRECTOR DIRECTORATE OF TREASURIES, KRISHNA BUILDINGS STATE OF KERALA

THE CHIRAYINKEEZHU SERVICE CO-OPERATIVE BANK LIMITED Versus CENTRAL BOARD OF DIRECT TAXES DEPARTMENT OF REVENUE, MINISTRY OF FINANCE GOVERNMENT OF INDIA, ... Issues:
Entitlement of Primary Agricultural Credit Societies to exemption under Section 194A of the Income Tax Act.

Analysis:
The judgment deals with the entitlement of Primary Agricultural Credit Societies to exemption under Section 194A of the Income Tax Act. The primary issue is the interpretation of Sections 194A(3)(iii)(a) and 194A(3)(iii)(v) of the Act regarding the exemption from tax deduction at source for interest income. The petitioners, being Primary Agricultural Credit Societies, claimed exemption from tax deduction on interest amounts earned from deposits made with State Treasuries and District Co-operative Banks. The Revenue conceded to the exemption under Section 194A(3)(iii)(v) for deposits with Co-operative Banks, but contested the exemption under Section 194A(3)(iii)(a) for deposits with State Treasuries.

The Court analyzed the definition of "Co-operative Society engaged in carrying on the business of banking" under Section 194A(3)(iii)(a) in comparison with the Banking Regulation Act. It highlighted the distinction between societies primarily providing financial accommodation to members and those engaged in banking business, which involves accepting deposits from the public. The Court emphasized that the definition of "banking" under the Banking Regulation Act should guide the interpretation of the term under the Income Tax Act. It concluded that the benefit of exemption under Section 194A(3)(iii)(a) applies only when interest income accrues to a Co-operative Society engaged in banking, accepting deposits from the public, not just members.

Regarding the exemption under Section 194A(3)(iii)(v) for deposits with Co-operative Banks, the Court upheld the petitioners' entitlement to the exemption, quashing circulars issued by District Co-operative Banks for tax deduction at source. The judgment clarified that the strict interpretation of tax provisions leans in favor of the revenue. It also outlined the process for refund of tax amounts if the petitioners establish non-tax liability or obtain a certificate under Section 197 of the Income Tax Act. The judgment declared that the petitioners are entitled to exemption under Section 194A(3)(iii)(v) for deposits with Co-operative Banks but not under Section 194A(3)(iii)(a) for deposits with State Treasuries.

In conclusion, the judgment provides a detailed analysis of the entitlement of Primary Agricultural Credit Societies to exemption under specific sections of the Income Tax Act, emphasizing the importance of statutory definitions and strict interpretation of tax provisions in favor of revenue.