2002 (2) TMI 32 - HC - Income Tax

Whether the assessee-society is entitled for the benefit of deduction under section 80P(2)(a)(ii). - assessee is a co-operative society engaged in the marketing of the produce of members of primary society and to supply the members of primary society raw material for manufacturing through the primary society. - When the society has full control over the manufacturing activities of weavers the assessee-society is engaged in the cottage industry. When the assessee is engaged in the cottage industry though through the primary society the benefit cannot be denied considering the scheme of the Act and the object of the provision to be achieved to give benefit to the weavers and to encourage such societies for the benefit of the weavers. In the result we find no force in this appeal. Consequently the appeal is dismissed.

Summary

Issues:
- Entitlement of deduction under section 80P(2)(a)(ii) for the assessee-society.

Analysis:
The judgment in question revolves around the entitlement of a co-operative society to the benefit of deduction under section 80P(2)(a)(ii) of the Income Tax Act. The assessee-society, engaged in marketing the produce of primary society members and supplying raw materials for manufacturing, claimed a gross profit of Rs. 46,28,915. The Assessing Officer initially denied the claim, arguing that the society had no direct dealings with weavers but assisted them through the primary society.

Upon appeal, the Commissioner of Income-tax (Appeals) allowed the claim, citing a decision by the Kerala High Court. The Tribunal further considered judgments by various High Courts and the Supreme Court, ultimately upholding the Commissioner's decision. The Tribunal emphasized the control the assessee-society had over the manufacturing activities of weavers, indicating engagement in cottage industry through primary societies.

The key contention raised by the Revenue was that the Supreme Court's decision cited by the assessee pertained to a different subsection of section 80P(2), not the one claimed. The Revenue relied on judgments emphasizing the distinction between members of the society and members of member societies, arguing that only the former are entitled to the deduction.

In its analysis, the High Court examined the activities and objects of the assessee-society, highlighting its role in overseeing the manufacturing process through primary societies. It concluded that since the society exercised control over the manufacturing activities of weavers, it effectively engaged in cottage industry, warranting the benefit of deduction under section 80P(2)(a)(ii). The judgment emphasized the legislative intent to support weavers and encourage such cooperative societies, ultimately dismissing the appeal and affirming the entitlement of the assessee-society to the exemption.