2024 (12) TMI 902 - AT - Income Tax

Cooperative society wins section 80P deduction despite banking activities without proper banking license

ITAT Delhi allowed the assessee's appeal regarding section 80P deduction denial. The Revenue treated the assessee as a cooperative bank, but the tribunal ... Deduction u/s 80P - denial of deduction as treating the assessee as a cooperative bank - HELD THAT:- We find no merit in the Revenue’s arguments supporting the same thereby treating the assessee as a cooperative bank. It appears that case law Mavilayi Service Cooperative Bank Ltd. [2021 (1) TMI 488 - SUPREME COURT] as followed in Kerala State Co-Operative Agricultural & Rural Development Bank decision [2023 (9) TMI 761 - SUPREME COURT] has already rejected the Revenue’s very arguments thereby holding that in absence of banking license being issued under the provisions of Banking Regulation law and dealing with general public at large; the departmental authorities could not proceed on the basis of “namesake” only to decline the impugned section 80P deduction The lower authorities have erred in law and on facts in declining the assessee’s section 80P deduction. So far as the Revenue’s reliance on the very issue having got decided against the assessee in the earlier assessment year is concerned, we conclude that the same would not amount to adopting a correct approach in light of the aforesaid case law. The assessee’s instant former substantive ground succeeds therefore. Disallowance of payment of gratuity to LIC etc. under the regular business heads which are found as covered under the CBDT’s landmark Circular No. 37/2016 dated 02.11.2016 in assessee’s favour and against the department that any such disallowance made under the regular business heads increases the business profits eligible for deduction(s) prescribed under Chapter-VIA of the Act. We reiterate that the assessee’s section 80P deduction claimed stands accepted in the preceding paragraphs. We thus allow all it’s instant remaining substantive ground against the department in very terms. Necessary computation shall follow. Issues Involved:1. Eligibility for deduction under Section 80P of the Income Tax Act, 1961.2. Classification of the appellant as a cooperative bank versus a cooperative society.3. Disallowance of payment of gratuity to LIC under regular business heads.Issue-wise Detailed Analysis:1. Eligibility for Deduction under Section 80P:The core issue revolves around the eligibility of the appellant for deductions under Section 80P of the Income Tax Act, 1961. The lower authorities had denied the appellant's claim for deduction, treating it as a cooperative bank under Section 80P(4) rather than a cooperative society eligible for deduction under Section 80P(2). The appellant's claim involved dividends which were deemed ineligible for deduction once classified as a cooperative bank. The authorities relied on the legislative amendment in Section 80P(4) by the Finance Act 2006, effective from 01.04.2007, to support their stance.The judgment references the case law Mavilayi Service Cooperative Bank Ltd. vs. CIT and the Kerala State Co-Operative Agricultural & Rural Development Bank decision, which clarified that without a banking license under the Banking Regulation Act and dealings with the general public, the entity could not be classified as a cooperative bank merely by name. Section 80P aims to provide deductions for cooperative societies engaged in banking or providing credit facilities to its members, distinguishing between banking business and credit facilities.The Tribunal found no merit in the Revenue's arguments, concluding that the appellant was not a cooperative bank as it lacked the necessary banking license and did not transact with the public. Consequently, the appellant was deemed eligible for the Section 80P deduction, aligning with the precedent set by the aforementioned case laws.2. Classification as a Cooperative Bank vs. Cooperative Society:The controversy centered on whether the appellant was a cooperative bank, which would disqualify it from Section 80P benefits under subsection (4). The Tribunal examined the definitions and requirements under the Banking Regulation Act, 1949, and the NABARD Act, 1981. A cooperative bank must engage in banking business, accepting deposits from the public and requiring a license under Section 22 of the BR Act. The appellant, however, did not operate as a cooperative bank as defined, lacking both public transactions and a banking license.The Tribunal emphasized that a cooperative society not engaged in banking business, as defined, would not be classified as a cooperative bank and would be entitled to Section 80P benefits. The appellant was identified as a cooperative credit society, primarily providing financial accommodation to its members, who were other cooperative societies, not the public. Thus, the appellant was not a cooperative bank under the relevant legal definitions and was eligible for deductions under Section 80P.3. Disallowance of Payment of Gratuity to LIC:The Tribunal addressed the disallowance of payments made towards gratuity to LIC under regular business heads. It was noted that such disallowances, as per CBDT's Circular No. 37/2016 dated 02.11.2016, should increase the business profits eligible for deductions under Chapter-VIA of the Act. The Tribunal reiterated that since the appellant's Section 80P deduction claim was accepted, any disallowance under regular business heads would contribute to increased eligible business profits for deduction. Consequently, the appellant's grounds against the department were allowed, and necessary computations were directed to follow.Conclusion:The Tribunal allowed the appellant's appeal, setting aside the orders of the lower authorities. It concluded that the appellant was entitled to the benefit of deduction under Section 80P of the Act, as it was not a cooperative bank within the meaning of the relevant legal provisions. The Tribunal's decision was pronounced in open court, affirming the appellant's eligibility for the claimed deductions.