2025 (2) TMI 1372 - AT - Income Tax

Interest from cooperative bank deposits and eligibility for deduction under 80P turns on payer's regulatory and banking status, remit for verification.

Deduction claimed for interest on deposits with other cooperative banks turns on whether the payer is a cooperative society or a bank carrying banking ... Denial of deduction u/s 80P(2)(a)(i) - interest income earned on deposits by the assessee with other cooperative banks - HELD THAT:-As in the judgment of Apex Court in the case of Kerala State Co-operative Agricultural and Rural Development Bank Ltd. KSCARDB [2023 (9) TMI 761 - SUPREME COURT] in which it has been discussed in detail the definition of co-operative banks and co- operative society. Hon’ble Court observed that all co-operatives are not co-operative societies. The section 80P(2)(d) describes that if the assessee received interest/dividend is a co-operative society, then the assessee is eligible for claim of deduction on such interest/dividend. The assessee in present facts received interest from co-operative bank, but it is not clear whether the interest payer co-operative bank is a bank and registered with Reserve Bank of India and holding licence from RBI for carrying out banking business as per RBI Act. If the payer bank falls under the definition of a bank in the light of the decision of Hon’ble Supreme Court then the assessee is not eligible to get deduction u/s. 80P(2)(d) on such interest income received from co operative banks. Therefore this issue is remitted back to Ld.AO for verification of interest received from co-operative bank in above terms. The Ld. AO is directed to verify if payer Bank being a co- operative Bank falls into the category of co-operative society and to allow the claim if found so. If Ld.AO finds that payer bank is carrying banking business activities as observed by Hon’ble Supreme Court, the deduction u/s. 80P(2)(d) on such interest income should not be granted. Only then, such interest can be considered as Income from other sources u/s.56 and the assessee is eligible for claim of its cost of funds on such interest under section 57(iii). Issues: (i) Whether interest income earned on deposits with other banks by a co-operative credit society is deductible under Section 80P(2)(a)(i) of the Income-tax Act, 1961 as income attributable to providing credit facilities to members; (ii) Whether interest received from payer co-operative bank is eligible for deduction under Section 80P(2)(d) or requires factual verification of the payer bank's classification.Issue (i): Deductibility under Section 80P(2)(a)(i) of interest earned on deposits with other banks by the co-operative society.Analysis: The Tribunal considered authorities distinguishing interest derived from deposits of surplus funds and interest attributable to the activity of providing credit facilities. The Tribunal reviewed precedents and noted that where interest is not shown as a liability or retained on account of amounts due to members and is instead profits deposited pending lending, such interest may be attributable to the business and deductible. The Tribunal found no support for the assessee's claim on the facts before it that would mandate allowing the deduction outright.Conclusion: Issue (i) is not accepted in the assessee's favour on the record before the Tribunal; the deduction under Section 80P(2)(a)(i) is not allowed outright.Issue (ii): Entitlement to deduction under Section 80P(2)(d) in respect of interest received from co-operative banks and need for verification of payer bank's classification.Analysis: The Tribunal noted that Section 80P(2)(d) permits deduction for interest received from a co-operative society, but recent authorities require examination whether the payer cooperative bank falls within the definition of a bank (and is thereby excluded). The Tribunal remitted the matter to the Assessing Officer to verify whether the payer institution is a co-operative society or a bank under the relevant law and to allow the claim if the payer is found to be a co-operative society.Conclusion: Issue (ii) is remitted for verification to the Assessing Officer; if the payer is a co-operative society, deduction under Section 80P(2)(d) shall be allowed, otherwise the interest will be taxable as income from other sources and the assessee may claim allowable interest cost under Section 57(iii).Final Conclusion: The appeal is partly allowed for statistical purposes by denying the deduction on the record before the Tribunal while remitting the specific question of the payer bank's classification to the Assessing Officer for verification; the appeal is thus partly allowed for statistical purposes.Ratio Decidendi: Interest on deposits of a co-operative society is deductible under Section 80P only if it is attributable to the activities specified in that section; where interest is received from a co-operative bank, entitlement to deduction under Section 80P(2)(d) depends on verification of the payer's classification as a co-operative society or as a bank under the applicable law.