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2012 (4) TMI 832
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....rest received i) On Fixed Deposit -General 30,00,659 ii) On Reserve Fund 1,54,781 iii) On Bad Debt Fund 1,99,593 v) On MSS Loan 1,48,752 II Other Receipts i) Subsidy 33,000 ii)Guest House Income(Net) 38,190 3. The brief facts of this issue are that while doing the scrutiny assessment the AO has disallowed the above interest and other receipts by observing as under :- "i) Interest income on Fixed Deposit- General amounting to Rs. 30,00,659/- & Interest of Rs. 1,48,752/- on M. S.S.S. as shown in the Profit & Loss a/c has been received by the assessee as interest on investment of surplus fund parked in Fixed Deposit with Banks. From the details filed by the assessee during th....
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....t, Interest income on Fixed Deposit- General amounting to Rs. 30,00,659/- ; Interest of Rs. 1,48,752/- on M. S.S.S., Interest on Reserve Fund of Rs. 1,54,781/-, Interest on Bad Debt Fund of Rs. 1,99,593/- and interest on SBF Loan of Rs. 988/- have been received from Banks on investment of surplus fund; Rs. 33,000/- has been received as subsidy and Rs. 38,190/- (Net) has been received from Guest House. 6. The Hon'ble Supreme Court of India in the case of Totgars' Co-operative Sale Society Ltd. Vs Income-tax Officer [2010] 188 Taxman 282 (SC), held that fund not required immediately for business of providing credit facilities and interest earned on such fund would come under the category of 'Income from Other Sources'....
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....own by the Hon'ble Supreme Court in the case of Totgars' Co- operative Sale Society Ltd 188 Taxman 282 (SC), I am of the opinion that the AO has rightly assessed such income as other income which does not qualify for deduction u/s 80P(2)(a)(i). For similar reasons, .income from guest house and receipts on account of subsidy is taxable as other income which is not entitled for deduction u/s 8OP(2)(a)(i). The order of the AO is upheld. The grounds raised by the appellant are liable to be dismissed. 3.2. Aggrieved by this the assessee is in appeal before us. 4. After hearing the rival submissions and on careful perusal of materials available on record, including the decision of Hon'ble Apex Court in the case of The Totgars Co....
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....evant for deciding the applicability of s. 80P--Weightage has to given to the words "the whole of the amount of profits and gains of business" attributable to one of the activities specified in s. 80P(2)(a)--Aforesaid words connote that the income in respect of which the deduction is sought must constitute operational income and not other income accruing to the society-- Therefore, the interest income of the assessee- society did not qualify for deduction under s. 80P(2)(a)(i) 4.1. Based on the above observations we are of the view that the Revenue is justified in disallowing the interest on Fixed Deposits amounting to Rs. 30,00,659/- but however, in respect of disallowance of the interest on reserve fund, Bad debt funds, SBF Loan, MSS l....