REC LIMITED (FORMERLY KNOWN AS RURAL ELECTRIFICATION CORPORATION LIMITED) V. DEPUTY COMMISSIONER OF INCOME TAX

ITA/220/2020

AI Insights

The case involves REC Limited (formerly known as Rural Electrification Corporation Limited) as the appellant, contesting an issue related to the taxation of interest income from the Special Reserve Fund (SRF) associated with cooperative societies. The appellant sought to press the appeal concerning the SRF and related issues for other cooperative societies with which it had dealings. However, the court found that these societies had already offered the interest income to tax, and the matter was merely remanded for verification by the Assessing Officer. The Income Tax Appellate Tribunal had previously dismissed the appeal by the Assessing Officer, confirming that there was no grievance to the revenue as the income was taxed in the hands of the respective cooperative societies.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 764961 (HC-DELHI)
• Appeal Type: Others
• Pronouncement Date: 16-04-2024
• Assessment Year: misc
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: GAURAV GUPTA; SHIVENDRA SINGH; YOJIT PARTEEK
• Assessee Lawyers: MAYANK NAGI; TARUN SINGH; SANDEEP YADAV
• Keywords: Cooperative Societies; Income Tax; Interest income; Special Reserve Fund

Judgement Text

"$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 220/2020 REC LIMITED (FORMERLY KNOWN AS RURAL ELECTRIFICATION CORPORATION LIMITED) ..... Appellant Through: Mr. Mayank Nagi, Mr. Tarun Singh and Mr. Sandeep Yadav, Advs. versus DEPUTY COMMISSIONER OF INCOME TAX ..... Respondent Through: Mr. Gaurav Gupta, Sr.SC with Mr. Shivendra Singh and Mr. Yojit Parteek, Jr.SCs. CORAM: HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 16.04.2024 1. We find that the instant appeal is clearly academic since insofar as the issue arising out of the Special Reserve Fund [“SRF”] and the appellant- assessee having foregone interest was concerned, has come to be answered in its favour insofar as the Cooperative Electrical Supply Society Ltd., Sircilla is concerned. 2. The appeal is, however, sought to be pressed in respect of the SRF and allied issues which may arise in respect of the other cooperative societies which had dealings with the appellant - assessee. 3. We however note that insofar as those cooperative societies were concerned, the Commissioner of Income Tax (Appeals) had taken note of the fact that the interest income had already been offered This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/04/2024 at 11:43:10 to tax by those societies and had merely remanded the matter back to the Assessing Officer for the purposes of verification. 4. This is evident from paragraph 8 of the recordal of facts by the Income Tax Appellate Tribunal, which reads as under: “8. We have heard the rival parties and find that identical issue has been considered in the case of the assessee for Assessment Year 2009-10 in para No.41 of that order. As the ld CIT(A) has clearly give a direction to the ld AO to verify the interest income offered by the cooperative society and taxed in the hands of that society same cannot be taxed in the hands of the assessee. We find that there is no grievance caused to the revenue. In the present case the ld AO has already made enquiry with the cooperative societies and it was found that those cooperative societies have offered the above amount to tax in their own hands. Further, it was merely a direction to the ld AO for verification. We do not find any infirmity in the order of the ld CIT(A) and therefore, we dismiss the ground No.2 of the appeal of the ld AO.” 5. In view of the above, we find no justification to entertain the instant appeal. Consequently, the same fails and shall stand dismissed. YASHWANT VARMA, J. PURUSHAINDRA KUMAR KAURAV, J. APRIL 16, 2024/p This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/04/2024 at 11:43:10 "