Housing cooperative society can set off interest and rental income against maintenance expenses under section 80P(2)(c)(ii)

The Venus Parkland Co-Op. Housing Service Society Ltd. Versus The Income Tax Officer, Ward-3 (3) (5), Ahmedabad

The Venus Parkland Co-Op. Housing Service Society Ltd. Versus The Income Tax Officer, Ward-3 (3) (5), Ahmedabad - TMI Issues:
1. Assessment of income from various sources by the Assessee.
2. Disallowance of deduction under section 80P.
3. Treatment of interest income earned on fixed deposits.
4. Treatment of rental income received.
5. Treatment of interest on income-tax refund.

Analysis:

Issue 1: Assessment of income from various sources by the Assessee
The appellant, a Co-operative Housing Service Society, filed its Return of Income for the Assessment Year 2018-19 declaring Nil Income. However, during scrutiny assessment, additions were made by the Assessing Officer, including fixed deposit interest income, rental income, and interest on income tax refund. The Commissioner of Income Tax (Appeals) upheld the additions, stating that the interest income earned by the society was not directly linked to the expenses claimed, thus disallowing the deductions under section 57 of the Income Tax Act.

Issue 2: Disallowance of deduction under section 80P
The Assessee contended that it should be entitled to a deduction under section 80P(2)(c)(ii) of Rs. 50,000, despite showing income under the head 'income from other sources.' The Commissioner of Income Tax (Appeals) dismissed the appeal, stating that the Assessee is not entitled to claim the deduction under section 80P(2)(c)(ii) since income was shown under a different head.

Issue 3: Treatment of interest income earned on fixed deposits
The Assessee argued that the interest income earned on fixed deposits was utilized for maintenance expenses of the society, and thus should be set off against such expenses. The Appellate Tribunal allowed this contention, stating that the interest income earned from fixed deposits was directly linked to the maintenance activities of the society, reducing the burden of contributions by the members.

Issue 4: Treatment of rental income received
The Assessee claimed that the rental income received should be eligible for set off against maintenance expenses. Citing a Supreme Court ruling, the Appellate Tribunal allowed this contention, stating that the rental income was part of the net income and could be set off against maintenance expenses.

Issue 5: Treatment of interest on income-tax refund
The Assessee did not press the issue regarding the addition made on account of interest earned on income-tax refund, as this income was not recorded in the books of the society. Therefore, this ground was dismissed.

In conclusion, the Appellate Tribunal partly allowed the appeal filed by the Assessee, allowing deductions under section 80P(2)(c)(ii) and setting off interest income earned on fixed deposits and rental income against maintenance expenses. The appeal was dismissed regarding the interest on income-tax refund.