2025 (9) TMI 1232 - AT - Income Tax

Taxpayer entitled to deduction under section 80P(2)(d) for interest from co-operative bank and treasury; limited to registered co-operatives

Vallachira Service Co-op. Bank Ltd Versus The Income Tax Officer Ward - 2 (1), Thrissur

ITAT COCHIN allowed the appeal, holding that the taxpayer is entitled to deduction under section 80P(2)(d) for interest received from the District ... Deduction u/s. 80P - interest income received from banks - HELD THAT:- We notice that the issue related to interest income received from banks stands adjudicated in the case of PCIT v. Peroorkada Service Co-op. Bank Ltd. [2021 (12) TMI 1084 - KERALA HIGH COURT] wherein their Lordships have rejected the Revenue’s identical stand as held interest earned from Treasury is inadmissible for deduction and interest income from Co-operative Societies registered under the Kerala Co-operative Societies Act are eligible for deduction. The contra consideration of Commissioner of Income Tax (Appeals) and the Tribunal is incorrect and liable to be modified as stated above. Hence, it is held that the interest income earned by the assessee does not come within the ambit of Section 80P(2)(a)(i) and permissible deduction of interest income is limited to Co-operative Societies/Banks registered under Kerala Co-operative Societies Act under clause (d) of the Act and effect order on the above lines is made by the Assessing Officer. Thus, we hold that the assessee is entitled for deduction under section 80P(2)(d) of the Act on account of interest received from District Co-operative Bank and Treasury . Assessee appeal allowed. ISSUES PRESENTED AND CONSIDERED 1. Whether interest income earned by a co-operative society from investments with banks and the Treasury qualifies for deduction under section 80P(2) of the Income Tax Act, 1961. 2. Whether the decision of the jurisdictional High Court on the scope of section 80P(2) is binding and dispositive for adjudicating the deductibility of interest from District Co-operative Banks and Treasury receipts in the present assessment year. ISSUE-WISE DETAILED ANALYSIS Issue 1: Deductibility of interest income from banks and Treasury under section 80P(2) Legal framework: Section 80P deals with deduction available to co-operative societies and contains sub-clauses defining eligible sources of income for deduction, including specific clauses dealing with interest or dividend derived from investments with other co-operative societies. Precedent Treatment: The Court expressly followed the jurisdictional High Court's decision addressing identical contentions about interest income and the scope of section 80P(2), treating that decision as binding authority for the issue before it. Interpretation and reasoning: The Court examined the nature of the interest receipts and the statutory scheme of section 80P(2), applying the reasoning of the High Court which parsed the sub-clauses of section 80P(2) and identified that deduction is available only insofar as the interest derives from co-operative societies registered under the relevant State Co-operative Societies Act. The Tribunal noted the High Court's analysis that interest from District Co-operative Banks falls within the ambit of the eligible clause, whereas interest from Treasury was discussed by the High Court in the context of being outside the permissible deduction unless falling within the specified clause concerning co-operative societies. Ratio vs. Obiter: The High Court's construction of section 80P(2) - that deduction is limited to interest derived from co-operative societies registered under the State Co-operative Societies Act - is treated as ratio and binding for the present appeal. Application of that construction to the facts of the present assessment year (interest from District Co-operative Bank and Treasury) is the operative ratio of this Tribunal's order in resolving the appeal. Conclusions: Applying the High Court precedent to the facts, the Tribunal held that the assessee is entitled to deduction under section 80P(2)(d) in respect of the interest receipts at issue. The appeal was allowed on this ground and the assessment addition relating to interest from investments was set aside to the extent determined by the Tribunal under section 80P(2)(d). Issue 2: Bindingness and application of the jurisdictional High Court decision Legal framework: Lower adjudicatory bodies are bound by authoritative interpretations of law by their jurisdictional High Court when the question is identical in substance and scope. Precedent Treatment: The Tribunal explicitly relied on and followed the High Court decision interpreting section 80P(2), treating that decision as determinative of the legal question raised in the appeal. Interpretation and reasoning: The Tribunal noted the High Court's detailed statutory construction and applied it to the facts before it, finding no distinguishing factual or legal circumstances sufficient to depart from the High Court's ruling. The Tribunal therefore adopted the High Court's conclusions as the appropriate legal standard to be applied. Ratio vs. Obiter: The Tribunal regarded the High Court's interpretation as ratio decidendi for the issues considered and applied it as binding precedent rather than treating it as obiter dictum. Conclusions: The Tribunal followed the High Court's authoritative interpretation and applied it to hold that the assessee's interest income (as characterized in the order) fell within the ambit of deduction under section 80P(2)(d), thereby allowing the appeal and rendering the stay application infructuous.