Venoor Co-Operative Agricultural Bank Ltd. v. ITO (2021) 90 ITR 20 (SN) (Bang.)(Trib.)

S. 80P : Co-operative societies-Interest and dividend-Profits attributable to activity of providing credit facilities to its members-Matter remanded to the Assessing Officer. [S. 80P(2)(a)(i), 80P(2)(d)]

Held that whether interest and dividend earned through investments in Co-Operative Bank is eligible deduction. Matter remanded to the Assessing Officer to decide afresh in light  of  decisions in Totgar’s Co-Operative Sale Society Ltd. v. ITO (2010)322 ITR  283 (SC) and Tumkur Merchants Souharda Credit Co-Operative Ltd. v. ITO (2015) 230 Taxman 309 (Karn) (HC).  As regards profits attributable to activity of  providing credit facilities to  its members  the  Assessing Officer was directed to  examine claim afresh  in light of  principles enunciated in  Mavilayi Service Co-Operative Bank Ltd. v. CIT  (2021)431 ITR 1 (SC). (AY.  2016-17)