2022 (10) TMI 221 - AT - Income Tax

Tribunal directs Assessing Officer to consider expenses for interest in computing deduction

The Tribunal partially allowed the appeal, directing the Assessing Officer to consider proportionate expenses for interest from both Nationalised and ... Deduction u/s 80P - disallowance in respect of proportionate interest under Section 80P of the Act claimed by the assessee - HELD THAT:- Jurisdictional High Court in the case of State bank of India Employees’ Co-operative Credit & Supplies Limited [2016 (7) TMI 516 - GUJARAT HIGH COURT] has clearly held that income by way of interest earned by society or investment of idle or surplus does not change its character irrespective of the fact whether such income of interest is earned from a schedule bank or a co-operative bank and thus clause (d) of Section 80P(2) of the Act would not apply in the facts and the circumstances of the present case. The assessee is engaged in the business of providing credit facilities to its members and no other income accrues to the Society in the form of interest from investment and surplus fund to the co-operative bank. The Hon’ble High Court directed the Assessing Officer to allow primary expenses in respect of interest on deposit held with Nationalised Bank to the assessee for computing deduction under Section 80P after examining/verification and affording adequate opportunity to the assessee. The present assessee’s case before us also is identical to that of the issues dealt by the Hon’ble Jurisdictional High Court and, therefore, we direct the Assessing Officer to allow proportionate expenses in respect of interest from deposit held with Nationalised Bank and co-operative bank for computing deduction under Section 80P of the Act after examining/verification and affording adequate opportunity to the assessee. Appeal of assessee is partly allowed for statistical purpose. Issues:Appeal against order disallowing interest income under section 80P(2) of the Income Tax Act, 1961 for the Assessment Year 2016-17.Analysis:1. Grounds of Appeal:The appellant, a co-operative society, appealed against the order disallowing interest income of Rs.5,08,211 under section 80P(2) of the Income Tax Act, 1961. The appellant sought a proportionate deduction for income earned from Co-operative Banks, totaling Rs.1,47,076.2. Assessment and Appeal:The appellant, engaged in providing credit facilities, filed a return declaring nil income after claiming a deduction under Section 80P(2). The case underwent scrutiny, leading to the disallowance of the claimed deduction by the Assessing Officer. Subsequently, the appeal filed by the appellant before the CIT(A) was dismissed.3. Arguments and References:The appellant argued for the deduction of Rs.1,47,076, representing interest received from a Co-operative Bank. The appellant relied on legal precedents, including the decision of the Hon'ble Gujarat High Court and a Tribunal decision. The appellant contended that as a Co-operative Society providing credit facilities, the deduction under Section 80P should have been allowed.4. Counter-Arguments:The Departmental Representative supported the assessment order and CIT(A)'s decision, citing the applicability of a Supreme Court decision in a similar case.5. Judgment and Rationale:The Tribunal noted that income earned by the society from interest does not change character based on the source, as per the jurisdictional High Court's decision. The Tribunal directed the Assessing Officer to allow proportionate expenses for interest earned from both Nationalised and Co-operative Banks for computing the deduction under Section 80P, aligning with the legal principles established by the High Court.6. Conclusion:The Tribunal partly allowed the appeal for statistical purposes, instructing the Assessing Officer to consider proportionate expenses for interest from both types of banks in computing the deduction under Section 80P. The decision was based on the principles laid down by the jurisdictional High Court, ensuring a fair assessment for the appellant.This detailed analysis encapsulates the key legal aspects, arguments, references, and the Tribunal's judgment concerning the appeal related to the disallowance of interest income under section 80P(2) of the Income Tax Act for the specified Assessment Year.