2021 (3) TMI 1329 - HC - Income Tax

Deduction u/s 80P(2)(a)(i) - Whether the provisions of Section 80P(2)(a)(i) permit the claim for deduction relatable to the interest income earned from the advances to the staff/ employees as well as from the interest earned from savings bank account? - HELD THAT - In the light of the judgment rendered by a Division Bench of this Court 2019 (6) TMI 1658 - MADRAS HIGH COURT the above tax case appeal is allowed the impugned order passed by the Tribunal is set aside and the matter is remanded to the Tribunal to be heard and decided afresh. The substantial questions of law raised are left open.

Summary

Issues:
1. Appeal challenging order under Section 260A of the Income Tax Act, 1961 for the assessment year 2015-16.
2. Denial of claim for deduction u/s 80P(2)(a)(i) of the Act.
3. Interpretation of provisions of Section 80P(2)(a)(i) regarding interest income.
4. Application of bye-laws and MSCS Act, 2002 in interpreting Section 80P(2)(a)(i) for deduction in taxable income.

Analysis:
1. The appeal was filed by the Revenue challenging the order dated 23.10.2019 made by the Income Tax Appellate Tribunal for the assessment year 2015-16. The substantial questions of law raised in the appeal included the correctness of denying the claim for deduction u/s 80P(2)(a)(i) by the Tribunal based on their previous orders and the interpretation of provisions related to interest income earned from advances to staff/employees and savings bank accounts.

2. The Court heard arguments from both parties and considered a previous judgment in the assessee's own case dated 06.6.2019. In light of this judgment, the Court allowed the appeal, set aside the Tribunal's order, and remanded the matter back to the Tribunal for fresh consideration. The substantial questions of law raised in the appeal were left open for further examination, and no costs were awarded.

3. The key issue in the judgment was the correct application and interpretation of Section 80P(2)(a)(i) of the Income Tax Act. The Court emphasized the importance of adhering to well-settled principles of purposive theory and harmonious interpretation while considering the claim for deduction in the computation of taxable total income. The Court's decision to remand the matter to the Tribunal indicated the need for a thorough reevaluation of the facts and legal aspects involved in the case.

4. The judgment highlighted the significance of interpreting the bye-laws of the appellant society and the provisions of the MSCS Act, 2002 in the context of Section 80P(2)(a)(i) for determining the eligibility of the deduction in taxable income. By setting aside the Tribunal's order and remanding the matter for fresh consideration, the Court underscored the importance of a comprehensive and accurate interpretation of relevant legal provisions to ensure a just and equitable resolution of the dispute.