2025 (8) TMI 876 - AT - Income Tax

Interest Income from Cooperative Bank Deposits Qualifies for Deduction Under Section 80P(2)(d)

The ITAT Pune - AT held that interest income earned from fixed deposits or investments with Cooperative Banks qualifies for deduction under section ... Deduction u/s.80P(2)(d) - interest income earned out of the Fixed deposits/Investments made with Cooperative Banks treating the same as Income from Other Sources u/s.56 - HELD THAT:- Section 80P(2)(d) of the Act provides that the sum received in respect of any income by way of interest or dividend derived by Cooperative Society from its investment with any other Cooperative Society, the whole of such income is eligible for deduction u/s.80P of the Act. This issue is no more res integra as the Coordinate Benches of this Tribunal has been consistently holding that the interest income earned out of the FDs/Investments kept with Cooperative Banks is allowable u/s.80P(2)(d) . Tribunal in case of Kolhapur District Central Co-op. Bank Kanista Sevakanchi Sahakar Pat Sanstha Ltd. [2024 (6) TMI 791 - ITAT PUNE] dealing with similar issue after placing reliance on another decision of this Tribunal in the case of The Ugar Sugar Works Kamgar & Dr. Shirgaokar Shaikshanik Trust Nokar Co-op Credit Society [2022 (5) TMI 1678 - ITAT PANAJI] has held that the interest earned from deposits with Cooperative Banks are also eligible for deduction u/s.80P(2)(d) of the Act as Cooperative Banks are basically Cooperative Societies only but have turned into Bank on getting necessary banking license. Where the assessee made investment with the Cooperative Banks and hold that the assessee is eligible for deduction u/s.80P(2)(d) of the Act for the interest income earned from Cooperative Banks. Findings of the ld. CIT(A) is set-aside and the AO is directed to allow the claim by the assessee. Effective grounds of appeal raised by the assessee are allowed. 1. ISSUES PRESENTED and CONSIDERED Whether the interest income earned by a Cooperative Credit Society from fixed deposits/investments with Cooperative Banks qualifies for deduction under section 80P(2)(d) of the Income-tax Act, 1961. Whether the interest income earned from Cooperative Banks should be treated as income from other sources under section 56 of the Act and thus be taxable. 2. ISSUE-WISE DETAILED ANALYSIS Issue: Eligibility of interest income from Cooperative Banks for deduction under section 80P(2)(d) Relevant legal framework and precedents: Section 80P(2)(d) of the Income-tax Act provides that any income by way of interest or dividend derived by a Cooperative Society from its investment with any other Cooperative Society is eligible for full deduction under section 80P. The provision aims to exempt income earned by Cooperative Societies from their inter-Cooperative investments. Coordinate Benches of the Tribunal have consistently held that interest income earned from fixed deposits or investments with Cooperative Banks is eligible for deduction under section 80P(2)(d), recognizing Cooperative Banks as Cooperative Societies that have obtained banking licenses. Notable precedents include decisions where the Tribunal held that Cooperative Banks, despite their banking license, remain Cooperative Societies for the purposes of section 80P(2)(d), thus entitling interest income earned from them to deduction. Court's interpretation and reasoning: The Tribunal observed that the Assessing Officer's treatment of the interest income as taxable under section 56 as income from other sources was contrary to established judicial precedents. The Tribunal emphasized that Cooperative Banks are fundamentally Cooperative Societies that have obtained banking licenses, and therefore, interest income earned from such banks falls within the ambit of section 80P(2)(d). The Tribunal relied on recent judgments from coordinate benches where similar facts were considered, and consistent rulings were made in favor of allowing deduction under section 80P(2)(d) for interest income from Cooperative Banks. Key evidence and findings: The assessee is a Cooperative Credit Society engaged in accepting deposits and providing credit to members. It earned interest income of Rs. 19,33,878 from fixed deposits with Cooperative Banks. The Assessing Officer disallowed the deduction under section 80P(2)(d) on the ground that such interest income does not qualify for exemption and treated it as taxable under section 56. The Tribunal found that the facts align with precedent cases where such interest income was held eligible for deduction. Application of law to facts: Applying the legal principle that Cooperative Banks are Cooperative Societies for the purpose of section 80P(2)(d), the Tribunal held that the interest income earned by the assessee from such banks is eligible for deduction. The Assessing Officer's contrary view was set aside. Treatment of competing arguments: The Revenue's argument that interest income from Cooperative Banks should be treated as income from other sources under section 56 was considered but rejected based on binding precedents and the statutory language of section 80P(2)(d). The Tribunal did not find merit in the Revenue's contention and gave precedence to the consistent judicial view favoring the assessee. Conclusions: The Tribunal allowed the appeal, setting aside the order of the lower authorities and directing the Assessing Officer to allow the deduction under section 80P(2)(d) for the interest income of Rs. 19,33,878 earned from Cooperative Banks.