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Issues involved: Interpretation of section 80P(2)(a)(i) of the Income-tax Act regarding exemption claimed by a co-operative society for credit sales to its members.
Summary: The judgment of the Kerala High Court, delivered by K. S. PARIPOORNAN J., pertained to three references by the same assessee, with the Revenue as the respondent. The core question across these cases was whether credit sales made by the assessee to its members qualified for exemption u/s 80P(2)(a)(i) of the Income-tax Act. The assessee, an apex co-operative society, engaged in credit sales to its members, claiming exemption under section 80P(2)(a)(i) for the relevant assessment years. However, the Income-tax Officer rejected the claim, leading to appeals and ultimately a reference to the High Court. Upon hearing arguments from both parties, the court analyzed the language of section 80P(2)(a)(i) and the distinction between "business of banking" and "providing credit facilities to its members." The court emphasized that words in a statute should be construed in context to derive their appropriate meaning. Referring to precedent and legal texts, the court concluded that selling goods on credit does not constitute providing credit facilities as envisioned in section 80P(2)(a)(i), which is akin to banking activities. The court held that for the assessee to be eligible for the claimed exemption, it must provide credit by way of loans, not merely through credit sales of goods. In light of the above analysis, the court upheld the Appellate Tribunal's decision to deny the assessee's claim for deduction u/s 80P(1) read with section 80P(2)(a)(i) of the Income-tax Act for all three years. The judgment favored the Revenue, and costs were awarded accordingly. The court directed the forwarding of a copy of the judgment to the Income-tax Appellate Tribunal, Cochin Bench.
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