Income Tax Appellate Tribunal - Ahmedabad
The Ito-Ward-1(3)(5),, Ahmedabad vs M/S. State Bank Of India Sup-Officials ... on 12 September, 2017
IN THE INCOME TAX APPELLATE TRIBUNAL
AHMEDABAD "SMC" BENCH AHMEDABAD
BEFORE, SHRI S. S. GODARA, JUDICIAL MEMBER
AND SHRI MANISH BORAD, ACCOUNTANT MEMBER
ITA No. 1659/Ahd/2016
(Assessment Year: 2012-13)
ITO, Ward-1(3)(5), Ahmedabad Appellant
Vs.
M/s. State Bank of India Sup-Officials
Co-Op Credit Society Ltd.,
4th Floor, SBI Bldg, Bhadra, Ahmedabad Respondent
PAN: AACAS3596E
राज व क ओर से/By Revenue : Shri Mahesh Jiwade, Sr. D.R.
आवेदक क ओर से/By Assessee : Shri M. K. Patel, A.R.
सन
ु वाई क तार ख/Date of Hearing : 06.09.2017
घोषणा क तार ख/Date of
Pronouncement : 12.09.2017
ORDER
PER S. S. GODARA, JUDICIAL MEMBER
This Revenue's appeal for assessment year 2012-13 arises against the CIT(A)-4, Ahmedabad's order dated 07.04.2016, in case no. CIT(A)- 4/465/wd-1(3)(5)/15-16, reversing Assessing Officer's action disallowing assessee's deduction claim of Rs.48,18,615/- u/s.80P(2)(a)(i), in proceedings u/s. 143(3) of the Income Tax Act, 1961; in short "the Act".
ITA No. 1659/Ahd/16 [ITO vs. M/s. SBI Sup-Officials Co-Op CreditSociety Ltd.] A.Y. 2012-13 -2- Heard both sides. Case file perused.
2. Relevant facts are in a very narrow compass. This assessee is a co- operative credit society. It raised its impugned claim of deduction amounting to Rs.48,18,615/- qua interest income derived from surplus funds parked in SBI's fixed deposits scheme. The Assessing Officer disallowed the same in assessment order dated 30.01.2015 after concluding that the above interest income would not amount to an income eligible under the deduction provision in question. He was of the view that the said income came under the head 'income from other sources' u/s.56 r.w.s. 57 of the Act.
3. The assessee preferred appeal. Learned CIT(A) has deleted the above disallowance by following his conclusion on the very issue in assessee's own case in assessment year 2010-11. This leaves the Revenue aggrieved.
4. We have given our thoughtful consideration to rival submissions. The dispute in question as to whether a co-operative societies' interest income derived from surplus fund parked in a nationalized banks' fixed deposit scheme is entitled for the impugned deduction or not is no more res integra in view of hon'ble jurisdictional high court's decision in State Bank of India vs. CIT (2016) 389 ITR 578 (Guj.). Their lordships hold that such an income is neither business income nor derived from investment made in another co- operative society. We therefore reverse CIT(A)'s action deleting the impugned disallowance in principle. The assessee at this stage raises an alternative plea that the impugned disallowance deserves to be computed as per netting formula. We find that a co-ordinate bench decision in ITO vs. The Alarsa Nagrik Cooperative Bank Society Ltd. in ITA No. 2072/Ahd/2014 has already accepted such a netting plea. We therefore ITA No. 1659/Ahd/16 [ITO vs. M/s. SBI Sup-Officials Co-Op Credit Society Ltd.] A.Y. 2012-13 -3- accept assessee's alternative plea and direct the Assessing Officer to finalize netting exercise as per law after affording adequate opportunity of hearing.
5. This Revenue's appeal is partly allowed.
[Pronounced in the open Court on this the 12th day of September, 2017.] Sd/- Sd/-
(MANISH BORAD) (S. S. GODARA)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Ahmedabad: Dated 12/09/2017
True Copy
S.K.SINHA
आदे श क त ल
प अ े
षत / Copy of Order Forwarded to:-
1. राज व / Revenue
2. आवेदक / Assessee
3. संबं धत आयकर आय!
ु त / Concerned CIT
4. आयकर आयु!त- अपील / CIT (A)
5. )वभागीय ,-त-न ध, आयकर अपील य अ धकरण, अहमदाबाद / DR, ITAT, Ahmedabad
6. गाड3 फाइल / Guard file.
By order/आदे श से, उप/सहायक पंजीकार आयकर अपील य अ धकरण, अहमदाबाद ।