9911796707
TMI Blog2025 (5) TMI 1231X X X X Extracts X X X X X X X X Extracts X X X X ..... The Assessee during the year under consideration has earned the amount of Rs. 8,82,949/- {Rs. 7,74,940/- + Rs. 1,08,009/-} on account of interest income earned from Saraswat Co-operative Bank Ltd. and claimed the same as exempt u/s 80P(2)(d) of the Act, however, the same was disallowed by the CPC vide intimation dated 01.05.2020 u/s 143(1) of the Act. 3. The Assessee, though, was entitled to file appeal directly challenging the order passed u/s 143(1) of the Act, however, may be inadvertently or on a wrong advice or to make an attempt, filed a rectification application u/s 154 of the Act challenging the intimation/order dated 01.05.2020 u/s 143(1) of the Act but could not get any relief as the CPC/AO dismissed the application u/s 154 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xmann.com 714 (Mum. Trib)} wherein the claim of deduction u/s 80P(2){d} of the Act has been allowed by observing and holding as under: "8. We have considered the submissions of both sides and perused the material available on record. The only dispute raised by the assessee is against the disallowance of deduction under section 80P(2)(d) of the Act in respect of interest income received from the Co-operative Banks. The assessee is a registered Co- operative Housing Society and during the assessment year 2018-19 earned interest income of Rs. 50,39,861 from the investments made in various Co-operative Banks. 9. Before proceeding further, it is relevant to note the provisions of section 80P of the Act under which the assessee has claimed th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tal income of the assessee, the same shall be allowed as a deduction. It is pertinent to note that since the assessee is registered under the Maharashtra Co-operative Societies Act, 1960, it is required to invest or deposit its funds in one of the modes provided in section 70 of the aforesaid Act, which includes investment or deposit of funds in the District Central Co-operative Bank or the State Cooperative Bank. Accordingly, the assessee kept the deposits in Co-operative Banks registered under the Maharashtra Co-operative Societies Act and earned interest, which was claimed as a deduction under section 80P(2)(d) of the Act. The AO denied the deduction under section 80P(2)(d) of the Act on the basis that the Co-operative Bank is covered un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) of the Act. In Kaliandas Udyog Bhavan Premises Coop Society Ltd vs ITO, in ITA No. 6547/Mum./2017, vide order dated 25/04/2018, while dealing with the provisions of section 80P(2)(d) vis-à-vis section 80P(4) of the Act, the coordinate bench of the Tribunal observed as under: "7. ......Thus, from a perusal of the aforesaid Sec. 80P(2)(d) it can safely be gathered that income by way of interest income derived by an assessee cooperative society from its investments held with any other cooperative society, shall be deducted in computing the total income of the assessee. We may herein observe, that what is relevant for claim of deduction under Sec. 80P(2)(d) is that the interest income should have been derived from the investments mad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perative bank pursuant to the insertion of Sub-section (4) of Sec. 80P would no more be entitled for claim of deduction under Sec. 80P of the Act, but however, as a co-operative bank continues to be a co-operative society registered under the Cooperative Societies Act, 1912 (2 of 1912), or under any other law for the time being enforced in any state for the registration of co-operative societies, therefore, the interest income derived by a co-operative society from its investments held with a co-operative bank, would be entitled for claim of deduction under Sec. 80P(2)(d) of the Act." 13. We find that the learned CIT(A) has placed reliance upon the decision of the Hon'ble Karnataka High Court in Pr.CIT v/s Totagars Co-operative Sales Soci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee and direct the AO to grant the deduction under section 80P(2)(d) of the Act to the assessee in respect of interest income earned from investment with Cooperative Banks. Accordingly, we set aside the impugned order passed by the learned CIT(A) for the assessment year 2018-19. As a result, grounds raised by the assessee are allowed." {highlighted for clarity} 7.1 Thus, for just and proper decision of the case and in the interest of substantial justice and considering the instant appeal emanated from order/intimation dated 01.05.2020 u/s 143(1) of the Act r.w. order dated 14.02.2024 u/s 154 of the Act and respectfully following the judgement referred to above; this Court is inclined to allow the claim of the Assessee qua deduct ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
