2015 (1) TMI 1295 - AT - Income Tax

Eligibility to claim deduction under sec.80P(2)(a)(i) - Held that - The activities in the nature of accepting deposits, advancing loans etc.,carried on by the assessee are confined to its members only and that too in a particular geographical area. The activities of the assessee are not regulated by the RBI or the provisions of the Banking Regulation Act. Thus, in view of the above stated fact we do not find any infirmity in the order of the CIT(Appeals) holding that the assessee is eligible to claim deduction under sec.80P(2)(a)(i) - Decided in favour of assessee

Summary

Issues:
- Delay in filing the appeal
- Eligibility of the assessee to claim deduction under sec.80P(2)(a)(i) of the Income-tax Act, 1961

Delay in filing the appeal:
The Revenue filed an appeal with a delay of 2 days, citing reasons for the delay, which were found not to be intentional or willful. The delay was condoned, and the appeal was admitted to be heard on merits.

Eligibility of the assessee to claim deduction under sec.80P(2)(a)(i) of the Income-tax Act, 1961:
The main issue raised by the Revenue was whether the assessee, a cooperative bank, was eligible to claim deduction under sec.80P of the Act. The Department argued that the assessee was a cooperative bank and not a cooperative society, thus not eligible for the deduction. On the other hand, the assessee contended that previous Tribunal decisions had ruled in their favor, establishing them as a cooperative society eligible for the deduction.

The Tribunal analyzed the issue and found that the assessee was indeed a cooperative society and not a cooperative bank. The Tribunal referred to previous decisions and the provisions of sub-section 4 of section 80P, which clarified that the benefit of section 80P was not available to cooperative banks but to Primary Agricultural Credit Societies. The Tribunal highlighted that the activities and compliances of cooperative banks and cooperative societies differed significantly, leading to the conclusion that the assessee, being a credit cooperative society, was eligible for the deduction under sec.80P.

Based on the previous decisions and the nature of the assessee's operations, which were limited to its members in a specific geographical area and not regulated by banking authorities, the Tribunal dismissed the Revenue's appeal, affirming that the assessee was entitled to claim the deduction under sec.80P.

In conclusion, the Tribunal upheld the decision in favor of the assessee, as established in previous assessments, and dismissed the Revenue's appeal on the grounds of merit.