2024 (4) TMI 1134 - AT - Income Tax

Tribunal Orders Reevaluation of Eligibility for Deductions u/s 80P, Citing Recent Supreme Court Decisions.

The Tribunal remanded the case to the lower authorities for reevaluation, emphasizing the necessity to consider recent Supreme Court decisions in ... Deduction u/s 80P - interest / dividend income earned from deposits - as assessee submitted that it is engaged in the business of fishing and allied activities such as curing, processing, preserving, storing, marketing of fish, purchases of materials and equipments for supply to its members -.AO observed that assessee had received interest from MESCOM and from co-operative banks after considering the submissions of the assessee disallowed the deduction claimed u/s. 80P(2)(d) as also observed by the AO that assessee had received funds from non-members and therefore is not eligible for deduction in respect of the interest u/s. 80P(2)(a)(i) HELD THAT:- It has been rightly submitted by the Ld.AR that the directions of Hon’ble Supreme Court in case of Mavilayi Service Co- operative Bank Ltd. [2021 (1) TMI 488 - SUPREME COURT] is not considered by the NFAC insofar as the deduction u/s. 80P(2)(a)(i) is concerned. In a subsequent decision in case of Kerala State Co-operative Agricultural and Rural Development Bank Ltd. KSCARDB [2023 (9) TMI 761 - SUPREME COURT], Hon’ble Supreme Court has analysed applicability of section 80P(2)(d) deduction in great detail with regard to interest / dividend income earned from deposits. The NFAC/CIT(A) is directed to consider the claims of the assessee in the light of the aforestated decisions by Hon’ble Supreme Court. In the interest of justice, we remand these appeals back to NFAC / CIT(A) for read judication on merits. Appeal filed by the assessee stands allowed for statistical purposes. Issues:The issues involved in the judgment relate to the disallowance of deduction claimed under section 80P of the Income Tax Act for interest earned by the appellant on deposits made with cooperative banks, and the rejection of the alternate claim for deduction under section 80P(2)(d). The judgment also addresses the rejection of the benefit under section 57 of the Act in respect of the cost of funds and proportionate expenses incurred towards earning interest income.Deduction under Section 80P:The appellant, a cooperative society engaged in fishing and allied activities, claimed deduction under section 80P of the Act. The Assessing Officer (AO) disallowed the deduction, citing that interest income earned by the appellant was not attributable to its business operations. The Commissioner of Income Tax (Appeals) [CIT(A)] upheld the AO's view, leading to the appellant's appeal before the Tribunal.Rejection of Alternate Claim under Section 80P(2)(d):The appellant also made an alternate claim for deduction under section 80P(2)(d) in respect of interest income earned from deposits in cooperative banks. However, the CIT(A) rejected this claim, stating that the interest income was not attributable to the business operations. This rejection formed part of the grounds for the appeal before the Tribunal.Benefit Rejection under Section 57 of the Act:Additionally, the CIT(A) rejected the benefit under section 57 of the Act concerning the cost of funds and expenses related to earning interest income. This rejection was another aspect of the appeal brought before the Tribunal.In the judgment, the Tribunal considered the arguments presented by both sides. The appellant's representative highlighted that certain decisions of the Supreme Court were not taken into account by the lower authorities. Specifically, the directions of the Supreme Court in the Mavilayi Service Co-operative Bank Ltd. case and the Kerala State Co-operative Agricultural and Rural Development Bank Ltd. case were not considered. The Tribunal directed the lower authorities to reexamine the claims made by the appellant in light of these Supreme Court decisions. Consequently, the appeals were remanded back to the lower authorities for a detailed reconsideration based on the judgments cited. As a result, the appeals filed by the appellant were allowed for statistical purposes.The judgment emphasized the importance of considering recent Supreme Court decisions in determining the eligibility of deductions under section 80P of the Income Tax Act. By remanding the case for reevaluation, the Tribunal aimed to ensure a fair assessment based on the latest legal interpretations.