TMI Blog2021 (7) TMI 1189X X X X Extracts X X X X X X X X Extracts X X X X ..... ther expenses, if the A.O. proposes to assess the interest income earned from bank deposits as income under the head - other sources. Denial of deduction u/s. 80P in respect of commission income earned on sale of e-stamps - HELD THAT:- Tax authorities have rejected the claim only on the ground that the Commission income has been earned mainly from outsiders and not mainly from members - HELD THAT:- A perusal of provisions of sec. 80P(2)(c) would show that there is no such restriction prescribed in it. Section 80P(2)(c) prescribes deduction in the case of a co-operative society engaged in activities other than those specified in clause (a) or clause (b). It further states that the deduction u/s. 80P(2)(c) is allowable to so much of its ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rest income earned from Co-operative banks. b) Denial of deduction u/s. 80P of the Act in respect of commission income earned on sale of e-stamps. 3. We have heard the parties and perused the record. The facts relating to the case are stated in brief. The assessee originally filed its return of income declaring nil total income after claiming deduction u/s. 80P of the Act. In assessment year 2013-14 2014-15, the A.O. rejected the claim for deduction u/s. 80P of the Act. Consequently, the A.O. re-opened the assessment of year under consideration by issuing notice u/s. 148 of the Act. In the reopened assessment, the A.O. rejected the claim for deduction u/s. 80P of the Act by holding that the assessee is dealing with Nominal member ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... business income. However, he confirmed the disallowance u/s. 80P(2)(d) of the Act in respect of interest income and also rejection of deduction u/s. 80P(2)(c) in respect of commission income earned on sale of e-stamps. Aggrieved, the assessee has filed this appeal before the Tribunal. 5. Before the Tribunal, the assessee has raised contesting the disallowance of deduction u/s. 80P(2)(c) and 80P(2)(d) of the Act. 6. We first take up the issues urged on merits. With regard to claim for deduction u/s. 80P(2)(d) of the Act, the Ld. A.R. submitted that the Hon'ble Karnataka High Court has passed an order in the case of Totgars Cooperative Sales Society Ltd. (58 Taxmann.com 35), consequent to the setting aside of the issue relating to d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interest income. The relevant observations made by the Tribunal are extracted below:- 7. The next common issue relates to rejection of deduction claimed u/s. 80P(2)(d) of the Act in respect of interest income earned from fixed deposits kept with bank. We noticed earlier that the A.O. has observed in Assessment Year 2015-16 that the interest income received by the assessee from deposits kept with banks is not eligible for deduction u/s. 80P(2)(c) 8s 80P(2)(d) of the Act since the assessee is not eligible for deduction u/s. 80P(2)(a)(i) of the Act. In AY 2016-17, the AO assessed the interest income received on bank deposits under the head Income from other sources and denied deduction claimed u/s. 80P(2)(d) of the Act. The Ld. CIT(A) c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e heard Ld. D.R. on this issue. We find merit in the prayer of the assessee, since it is supported by the decision rendered by Hon'ble High Court of Karnataka in the case of Totgars Cooperative Sale Society Ltd. Vs. ITO (2015) 58 taxmann.com 35 (Karn). Accordingly, we direct the A.O. to allow deduction of proportionate cost, administrative and other expenses, if the A.O. proposes to assess the interest income earned from bank deposits as income under the head other sources . Following the above said decision. of the Tribunal, we set aside the order passed by Ld. CIT(A) on this issue and restore the same to the file of the AO with the direction to allow deduction of proportionate cost, administrative and other expenses, if the A.O. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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