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Issues Involved: Interpretation of section 80P(2)(a)(vi) of the Income-tax Act, 1961 regarding eligibility of a co-operative society for deductions.
Summary: The High Court of Madras considered the question of law regarding the eligibility of a co-operative society for deductions under section 80P(2)(a)(vi) of the Income-tax Act, 1961. The case involved assessment years from 1987-88 to 1994-95, where the co-operative society claimed deductions in respect of its income. The society procured work from its members, who were partnership firms or other associations of persons. The Income-tax Appellate Tribunal upheld the society's claim for deductions, leading to the Revenue challenging this decision. The crux of the matter revolved around the interpretation of the term "the collective disposal of the labour of its members" as per section 80P(2)(a)(vi). The Revenue argued that the term "members" referred only to individual members and not partnership firms or other associations of persons. In contrast, the society contended that the term "members" should include all types of members, as per a Supreme Court judgment regarding a similar provision under sub-clause (iii) of section 80P(2)(a). Upon analyzing the proviso to section 80P(2)(a) and the arguments presented, the High Court concluded that the society's voting rights restriction applied to specific classes of members mentioned in the proviso, but did not exclude other types of members from being part of the society. The Tribunal's observation that voting rights were restricted to certain members while others could participate in the society's activities without voting rights further supported this interpretation. Therefore, the High Court upheld the Tribunal's decision and dismissed the tax case appeals, along with the connected T.C.M.Ps, by ruling in favor of the co-operative society, emphasizing that the proviso did not limit membership to the classes specified and that the society could have members beyond those mentioned in the proviso.
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