ITO v. Maharashtra Bank Employees Co-Operative Credit Society Ltd. (2017) 51 CCH 756 / (2018 )167 DTR 1 / 193 TTJ 735 (Pune) ( Trib)

S. 80P : Co-operative societies – Interest income earned by assessee was from carrying on its business activities— Entitle to deduction [ S.80P(2)(a))(i) ]

 

Assessee is under  statutory obligation of maintaining its status of Co-operative society and as per regulations of Maharashtra State Co-operative Societies Act, was duty bound to transfer 25% of its profits to reserve funds, which it has done. Assessee had received permission of Registrar of Maharashtra Co­operative Societies Act to make such investment with Bank of Maharashtra and also in order to carry on business activities of providing credit facilities to its employees, it was mandatory upon assessee to invest 25% of its profits in reserve funds, which in turn, were parked in FDRs with Bank of Maharashtra, then interest income earned by assessee was from carrying on its business activities. Accordingly the interest income is assessable as income from business and the assessee is entitle to claim deduction u/s. 80P(2)(a)(i) of the Act .(AY.2007-08, 2008-09, 2010-11)