The
assessee, a co-operative sugar cane supply society, was engaged in supplying
sugar cane to sugar mills and providing credit and agricultural inputs to its
members. For Assessment Year 2020-21, it declared nil income after claiming
deduction under Section 80P(2)(a)(iii) of the Income-tax Act, 1961.
During
assessment proceedings, the Assessing Officer noted that the assessee had
earned interest income of ₹30,08,496 from fixed deposit receipts maintained
with nationalised banks. The said interest income was treated as taxable by
placing reliance on the decision of the Hon’ble Supreme Court in Totgars
Co-operative Sale Society Ltd. v. ITO. The addition was confirmed by the
Commissioner (Appeals), NFAC.
On
appeal, the Tribunal condoned a delay of 46 days in filing the appeal,
following the liberal approach laid down by the Hon’ble Supreme Court in Collector
of Land Acquisition v. Mst. Katiji, considering the medical exigency
explained by the assessee.
On
merits, the Tribunal observed that the assessee was statutorily required under
the U.P. Co-operative Societies Act and Rules to maintain reserve funds, and
investments made out of such statutory reserves could not be characterised as
surplus funds. The Revenue did not dispute the statutory nature of these
reserves.
The
Tribunal placed reliance on earlier coordinate bench decisions, including Co-operative
Cane Development Union Ltd. v. ACIT, and judicial precedents such as CIT
v. Nawanshahar Central Co-operative Bank Ltd. and the Madras High Court
ruling in Saravanampatti Primary Agricultural Co-operative Credit Society
Ltd., wherein it was held that interest earned on statutory investments is
attributable to the principal business of the co-operative society.
It
was further held that the ratio of Totgars Co-operative Sale Society Ltd.
was not applicable, as that decision dealt with surplus funds not required for
statutory or business purposes, whereas in the present case, the deposits were
made pursuant to statutory obligations.
Additionally,
the Tribunal accepted the contention that interest earned on provident fund
balances of seasonal employees could not be treated as income of the society.
Accordingly,
the Tribunal directed deletion of the entire addition of ₹30,08,496 and allowed
the appeal in favour of the assessee.
Source Link- https://itat.gov.in/public/files/upload/1767163962-bVs8eV-1-TO.pdf
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