Held that that set-off of the expenditure incurred on the housing society against the interest income was allowable. However, it was a factual aspect requiring verification whether the expenditure claimed by the assessee had been incurred only and exclusively for the maintenance of housing society. There was no occasion to verify this as this claim was not made before the Assessing Officer and no finding was rendered by the Commissioner (Appeals). Therefore, the Commissioner (Appeals) was to give a finding after due verification and after affording the assessee reasonable opportunity of being heard, how much expenditure could be set off against the interest income earned. Matter remanded. (AY. 2016-17)
Hyde Park (A) Co-Operative Housing Society Ltd. v. ITO (2021)90 ITR 50 (SN) (Pune)(Trib.)
S. 80P : Co-operative societies-Set-off of expenditure-Interest Income-Matter remanded for verification to ascertain ehther the expenditure was incurred exclusively for maintenance of housing Society. [S. 56, 57, 80P(2)(d)]