Spandana Credit Souhardha Sahakari Niyamita v. ITO (2021) 85 ITR 11 (SN)(Bang) (Trib)

S. 80P : Co-operative societies -Carrying on business of banking or providing credit facilities to its members —Matter remanded [ S.80P(2) ]

Tribunal held that under section 80P(2)(d) of the Act, income by way of interest or dividends derived by a co-operative society from its investments with any other co-operative society is entitled to deduction of the whole of such interest or dividend income. The issue of deduction of interest received by the assessee from the apex co-operative bank was to be remanded to the Assessing Officer for a fresh decision after examining the facts in the light of the judgment of the Supreme Court in the case of Totgar’s co-operative sale society Ltd. v. ITO (2010) 322 ITR 283 (SC) and of the Karnataka High Court in the case of Tumkur Merchants Souharda Co-Operative Ltd. (2015) 230 Taxman 309 . The Assessing Officer was to afford opportunity of being heard to the assessee and file appropriate evidence to substantiate its case, before deciding the issue of deduction on the sum of Rs. 9,47,434 under section 80P(2)(a)(i) or (d) of the Act.( AY.2016-17)

One comment on “Spandana Credit Souhardha Sahakari Niyamita v. ITO (2021) 85 ITR 11 (SN)(Bang) (Trib)
  1. Siddaiah says:

    What is the rate of interest