YAZAKI INDIA EMPLOYEES CO OPERATIVE CREDIT SOCIETY LIMITED,PUNE V. INCOME TAX OFFICER 12(4), PUNE

ITA 911/PUN/2025

AI Insights

The case involves Yazaki India Employees Cooperative Credit Society Limited, which appealed against the order of the CIT(A) that denied them a deduction under section 80P(2)(d) of the Income-tax Act, 1961, for interest income earned from investments with Pune District Central Cooperative Bank. The Assessing Officer had initially allowed other deductions under section 80P but denied the specific deduction for interest income from Cooperative Banks. The Tribunal, referencing a series of precedents, concluded that such interest income is indeed eligible for deduction under section 80P(2)(d), leading to the allowance of the appeal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 669302 (ITAT-PUNE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-06-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2017-2018
• Other Referred Cases: Annapurna Nagari Sahkari Pathsanstha Maryadit Yawal Vs. ITO, Kolhapur District Central Co-op. Bank Kanista Sevakanchi Sahakar Pat Sanstha Ltd. Vs. ITO, The Ugar Sugar Works Kamgar & Dr. Shirgaokar Shaikshanik Trust Nokar Co-op Credit Society vs. ITO
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S. SADANANDA SINGH
• Keywords: Set aside; Additional evidence

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “SMC”, PUNE BEFORE DR.MANISH BORAD, ACCOUNTANT MEMBER आयकर अपील सं. / ITA No.911/PUN/2025 Assessment Year : 2017-18 Yazaki India Employees Cooperative Credit Society Limited, Highclif Industrial Estate, Wagholi Rahu Road, Kesnand, Taluka Haveli, Pune - 412207 Maharashtra PAN: AAAAY4613J Vs. Income Tax Officer, Ward-12(4), Pune Appellant Respondent आदेश / ORDER This appeal at the instance of assessee pertaining to the Assessment Year 2017-18 is directed against the order dated 15.02.2025 of Addl/JCIT(A)-2, Hyderabad passed u/s.250 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) arising out of the Assessment Order dated 07.12.2019 passed u/s.143(3) of the Act. 2. When the appeal was called for, none appeared on behalf of the assessee despite due service of notice of hearing. With the assistance of ld. Departmental Representative and on perusal of record, I find that the sole grievance of the assessee is that deduction u/s.80P(2)(d) of the Act has not been allowed on the interest income earned from investments with Cooperative Bank. Ld. Departmental Supported the order of Assessee by : None Revenue by : Shri S.Sadananda Singh, JCIT Date of hearing : 19.06.2025 Date of pronouncement : 24.06.2025 ITA No.911/PUN/2025 Yazaki India Employees Cooperative Credit Society Limited 2 ld.CIT(A) but failed to place any binding precedent in its favour. 3. I have heard the ld. Departmental Representative and perused the record placed before me. Assessee is a Cooperative Society engaged in the business of banking/providing credit facilities to its Members. Assessee claimed deduction u/s.80P of the Act at Rs.98,29,990/- in the return of income e-filed on 07.10.2017 for A.Y. 2017-18. Ld. Assessing Officer after selecting the case for scrutiny under CASS framed the assessment order u/s.143(3) of the Act and allowed the deduction u/s.80P(2)(a)(i) of the Act at Rs.93,28,426/- but did not allow the deduction u/s.80P(2)(d) of the Act at Rs.5,00,564/- for the interest earned on investments with Cooperative Bank, namely Pune District Central Cooperative Bank. 4. This issue is no longer res integra by virtue of catena of decisions taking consistent view that interest income earned from deposits with Cooperative Banks is eligible for deduction u/s.80P(2)(d) of the Act. Recently, this Bench in the case of Annapurna Nagari Sahkari Pathsanstha Maryadit Yawal Vs. ITO in ITA No.313/PUN/2025, order dated 07.05.2025 has allowed the deduction claimed by the assessee u/s.80P(2)(d) of the Act observing as under : “5. We have heard the rival submissions and perused the record placed before us. There is no dispute to the fact that assessee has earned interest income of Rs.1,02,95,103/- from deposits/investments with Cooperative Banks. This fact has been accepted by the Assessing Officer in the assessment order also. Admittedly, assessee has not filed the requisite details before ld.CIT(A). We however considering the fact that the issue regarding allowability of deduction u/s.80P(2)(d) of the Act for the interest ITA No.911/PUN/2025 Yazaki India Employees Cooperative Credit Society Limited 3 earned from Cooperative Banks is no longer res integra as the very same issue has been decided by this Tribunal in catena of decisions and in assesse’s own case for A.Y. 2020-21 holding that the assessee is eligible for deduction u/s.80P(2)(d) of the Act as the Cooperative Banks are basically Cooperative Societies. For the sake of brevity, the finding given in ITA No.2471/PUN/2024 is reproduced below: “7. We have heard both the sides and perused the record placed before us. In the instant case, the Assessing Officer disallowed the interest income of Rs.1,63,98,998/- earned out of the Fixed deposits/Investments made with Cooperative Banks treating the same as Income from Other Source. Ld.CIT(A) dismissed the appeal in limine without discussing anything on merits of the issues and on the ground that the assessee has not provided plausible explanation for admission of additional evidences. 8. Section 80P(2)(d) of the Act provides that the sum received in respect of any income by way of interest or dividend derived by Cooperative Society from its investment with any other Cooperative Society, the whole of such income is eligible for deduction u/s.80P of the Act. we find that this issue is no more res integra as the Coordinate Benches of this Tribunal has been consistently holding that the interest income earned out of the FDs/Investments kept with Cooperative Banks is allowable u/s.80P(2)(d) of the Act. We find that this Tribunal in case of Kolhapur District Central Co- op. Bank Kanista Sevakanchi Sahakar Pat Sanstha Ltd., Vs. ITO in ITA No.1365/PUN/2023, dated 01.01.2024 dealing with similar issue after placing reliance on another decision of this Tribunal in the case of The Ugar Sugar Works Kamgar & Dr. Shirgaokar Shaikshanik Trust Nokar Co-op Credit Society vs. ITO in ITA No.84/PAN/2018, dated 27.05.2022 has held that the interest earned from deposits with Cooperative Banks are also eligible for deduction u/s.80P(2)(d) of the Act as Cooperative Banks are basically Cooperative Societies only but have turned into Bank on getting necessary banking license. 9. Respectfully following the above referred decisions taking consistent view along with considering the facts of the case, where the assessee made investment with the Cooperative Banks we hold that the assessee is eligible for deduction u/s.80P(2)(d) of the Act for the interest income earned from Cooperative Banks at Rs.1,63,98,998/-. Findings of the ld. CIT(A) is set-aside and the Assessing Officer is directed to allow the claim made by the assessee. Effective grounds of appeal raised by the assessee are allowed.” ITA No.911/PUN/2025 Yazaki India Employees Cooperative Credit Society Limited 4 6. Respectfully following the same, we hold that deduction of Rs.1,02,95,103/- u/s.80P(2)(d) of the Act claimed by the assessee on the interest earned from deposits/Investments with Cooperative Banks deserves to be allowed. Relevant finding of ld.CIT(A) on merits is set aside and grounds of appeal No.5 to 8 raised by the assessee are allowed.” 5. Respectfully following the same, I hold that deduction claimed by the assessee on the interest income earned from deposits/Investments with PDCC Bank u/s.80P(2)(d) of the Act at Rs.5,00,564/- deserves to be allowed. Impugned finding of ld.CIT(A) is set aside and effective Grounds of appeal raised by the assessee are allowed. 6. In the result, appeal of the assessee is allowed. Order pronounced on this 24th day of June, 2025. Sd/- (MANISH BORAD) ACCOUNTANT MEMBER पुणे / Pune; \u0001दनांक / Dated : 24th June, 2025. Satish आदेश क\u0002 \u0003ितिलिप अ ेिषत / Copy of the Order forwarded to : 1. अपीलाथ / The Appellant. 2. \u000eयथ / The Respondent. 3. The Pr. CIT concerned. 4. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, “SMC” ब\u0014च, पुणे / DR, ITAT, “SMC” Bench, Pune. 5. गाड\u0004 फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune "