Deduction on interest from statutory reserve fund needs verification, while proximate expenditure for interest income is deductible.

Interest earned on deposits or investments made from a co-operative credit society's statutory reserve fund could qualify for deduction under section 80P only after the source and character of the reserve fund were properly verified under the applicable co-operative law; the matter was therefore remanded for factual verification and left open for decision in accordance with law. Proportionate expenditure having a proximate nexus with earning the interest income was deductible under section 57(iii), and that claim was allowed. The commentary notes that where two views are possible, the one favourable to the assessee may be preferred.

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Issues: (i) Whether interest earned on deposits/investments made out of the statutory reserve fund of a co-operative credit society qualified for deduction under section 80P of the Income-tax Act, 1961; (ii) Whether proportionate expenditure attributable to earning of interest income was deductible under section 57(iii) of the Income-tax Act, 1961.

Issue (i): Whether interest earned on deposits/investments made out of the statutory reserve fund of a co-operative credit society qualified for deduction under section 80P of the Income-tax Act, 1961.

Analysis: The claim depended on whether the impugned interest arose from funds forming part of the reserve fund governed by sections 67 and 71 of the Gujarat Co-operative Societies Act, 1961. The factual aspect of the reserve fund composition had not been verified by the lower authorities. The stated legal position was that interest from investments made out of a statutory reserve fund could be considered in the light of the applicable co-operative law and the governing deduction provision, but only after proper verification of the source and character of the funds.

Conclusion: The issue was remanded to the Assessing Officer for verification, and the claim was left open to be decided in accordance with law after such verification.

Issue (ii): Whether proportionate expenditure attributable to earning of interest income was deductible under section 57(iii) of the Income-tax Act, 1961.

Analysis: The interest income could not be viewed in isolation from the expenditure incurred to earn it. On the facts, a proximate nexus between the expenditure and the earning of interest income was accepted. The approach was supported by the principle that where two views are possible, the one favourable to the assessee should be preferred.

Conclusion: The claim for proportionate expenditure was allowed.

Final Conclusion: The assessment was not finally affirmed in full, as one issue was restored for fresh verification while the other was decided in the assessee's favour, resulting in only partial relief.

Ratio Decidendi: Interest arising from investments of a statutory reserve fund requires verification of the fund's character before deduction treatment can be granted, and expenditure having a proximate nexus with earning interest income is deductible.

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