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M/s. The Totgars' Cooperative Sale Society Limited vs. Income Tax Officer, Karnataka

Case No: CIVIL APPEAL NO. 1622 OF 2010
Court: Supreme Court of India
Date: 8 Feb 2010

Parties Involved

appellantM/s. The Totgars' Cooperative Sale Society Limited
respondentIncome Tax Officer, Karnataka

Facts Summary

The assessee, a cooperative credit society, invested its surplus funds in short-term deposits and government securities. Interest accrued on these investments. The assessee claimed deduction for this interest income under Section 80P(2)(a)(i) of the Income Tax Act, 1961, but the Assessing Officer held that the interest income should be taxed under Section 56 as 'Income from other sources'. The assessee appealed this decision to the Supreme Court.…

Decision in favour of

Assessee

Legal Issues

  • 1. Whether interest income on surplus funds invested in short-term deposits and securities qualifies for deduction as business income under Section 80P(2)(a)(i) of the Income Tax Act, 1961.
  • 2. Whether the re-opening of assessment under Section 148 of the Act was valid.

Judgment Outcome

Decided in favour of Assessee.

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