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Co-operative Cane Development Union Limited vs. The Assistant Commissioner of Income Tax

Case No: ITA Nos.165, 166 &168/Lkw/2023
Court: Income Tax Appellate Tribunal, Lucknow 'B' Bench
Date: 30 Sep 2024

Parties Involved

appellantCo-operative Cane Development Union Limited
respondentThe Assistant Commissioner of Income Tax, Sitapur (New)

Facts Summary

The assessee, Co-operative Cane Development Union Limited, claimed deductions under section 80P of the Income Tax Act for interest received on investments held with banks in the form of Fixed Deposit Receipts (FDRs). The Assessing Officer disallowed these deductions, citing the Supreme Court's decision in Totgars Cooperative Sale Society Ltd. vs. Income Tax Officer. The assessee appealed to the Commissioner of Income Tax (Appeals) (CIT(A)), which was dismissed. The assessee then appealed to the Income Tax Appellate Tribunal (ITAT), which remanded the matter back to the Assessing Officer for re-examination in light of the Supreme Court's subsequent order and relevant statutory provisions.

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the interest income on investments held with banks is attributable to the business of the assessee and thus eligible for deduction under section 80P of the Income Tax Act.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

4 precedents cited in this judgement.

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