2020 (4) TMI 435 - AT - Income Tax

Tribunal Upholds Disallowance of Exemption Claim for Cooperative Society

The Tribunal upheld the decision to disallow the exemption claim under section 80P(2)(a)(i) for a cooperative society regarding interest income from Axis ... Exemption u/s 80P(2)(a)(i) - interest income received from Axis Bank on the saving bank account maintained by the assessee as well as interest income on loan given to staff - HELD THAT:- In the present case, the assessee has earned income from the saving bank account maintained with Axis Bank. Axis Bank is not a cooperative bank, therefore, any interest income from this bank will not qualify for grant of deduction under section 80P(2)(a)(i) in view of the above judgment of STATE BANK OF INDIA (SBI) VERSUS COMMISSIONER OF INCOME TAX [2016 (7) TMI 516 - GUJARAT HIGH COURT] as well as under section 80P(2)(d) because it is not cooperative society. Similar is the position with regard to the interest income on the loans given to the staff. CIT(A) has rightly disallowed claim of the assessee for grant of exemption - Decided against assessee. Issues: Disallowance of exemption under section 80P(2)(a)(i) on interest income from Axis Bank and loan given to staff.Analysis:1. Grounds of Appeal: The assessee appealed against the order of the ld.CIT(A)-10, Ahmedabad for the Asstt. Year 2014-15, raising four grounds with ground no.2 being the substantial one, around which other grounds revolved.2. Adjournment Application: The Chartered Accountant of the assessee filed an adjournment application due to a family event, seeking a hearing postponement. The Tribunal, after considering the small issue involved and legal precedents, rejected the adjournment application.3. Assessment Background: The assessee, a cooperative society providing credit facilities, claimed exemption under section 80P(2) but faced scrutiny by the ld.AO regarding interest income from Axis Bank and on a loan to staff. The ld.AO disallowed &8377; 35,103/- from the claimed deduction under section 80P(2)(a)(i).4. Appellate Proceedings: Dissatisfied, the assessee appealed to the ld.CIT(A), presenting detailed arguments and citing various legal decisions. However, the ld.CIT(A) upheld the ld.AO's decision, relying significantly on the judgment of the Hon’ble jurisdictional High Court in a similar case.5. Judgment Analysis: The Tribunal examined the legal position based on the judgment cited by the ld.CIT(A), emphasizing that income from investments in non-cooperative banks, like Axis Bank, does not qualify for deduction under section 80P(2)(a)(i). Similarly, interest income on loans to staff also does not meet the exemption criteria.6. Conclusion: Considering the legal principles established by the Supreme Court and the specific provisions of section 80P(2)(d), the Tribunal concurred with the ld.CIT(A)'s decision to disallow the exemption claim on the interest income involved. Consequently, the appeal of the assessee was dismissed.In essence, the judgment reaffirms the legal stance that income from investments in non-cooperative banks and interest on loans to staff are not eligible for exemption under section 80P(2)(a)(i) for cooperative societies providing credit facilities, aligning with the precedents set by higher courts.