Saptagiri Pattina Souharda Sahakari Sangha Niyamitha. v. ITO (2024) 207 ITD 41 (Bang) (Trib.)

S. 80P : Co-operative societies-Interest-Co-Operative banks-Interest income not attributable to main business-Deduction is not allowable-Interest on investment made in Co-Operative banks-Eligible for claim of its cost of funds on entire interest income-Matter remanded. [S. 57, 80P(2)(a)(i), 80P(2)(d)]

Assessee was a co-operative society engaged in business of providing credit facilities only to its members.  Assessing Officer held that  the assessee is  not eligible to claim deduction under section 80P since it is  not a cooperative society. CIT(A) held that  interest income received on investments with co-operative banks is  not eligible for deduction under section 80P(2)(a)(i) as well as section 80P(2)(d), however, partly allowed deduction under section 80P(2)(a)(i). On appeal the Tribunal held that since interest income received by assesseeis is  not attributable to main business of assessee, same could not be allowed as deduction under section 80P(2)(a)(i). However where  the  assessee had received interest from co-operative bank, issue of whether  eligible to get deduction under section 80P(2)(d) on such interest income received from co-operative banks, being a bank in terms of apex Court decision in Kerala State Co-operative Agricultural and Rural Development Bank Ltd. v. AO (2023) 295 Taxman 675/ 458 ITR 384 (SC).Matter remanded back for disposal afresh.  (AY. 2017 18, 2018-19)

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