2015 (1) TMI 821 - HC - Income Tax

Revision u/s 263 - assessee is not a Co-operative Bank and Section 80P(4) has no application - Tribunal set aside order u/s 263 denying benefit of exemption granted - Held that - In the instant case when the status of the assessee is a Co-operative society and is not a Co- operative bank the order passed by the Assessing Authority extending the benefit of exemption from payment of tax under Section 80P(2)(a)(i) of the Act is correct. There is no error. When there is no error the question of order being prejudicial would not arise. The Tribunal has rightly entertained the appeal and set- aside the order u/s 263. Therefore the said order is in accordance with law and cannot be found fault with. The substantial question of law is answered in favour of the assessee - Decided against the revenue.

Summary

Issues:
1. Interpretation of Section 80P(4) of the Income Tax Act, 1961.
2. Jurisdiction of Revisional Authority under Section 263 of the Act.
3. Application of Section 263 based on the status of the assessee as a Co-operative society.

Analysis:

1. The case involved a Credit Co-operative Society claiming deduction under Section 80P(2)(a)(i) for the assessment year 2007-08. The Assessing Officer disallowed a portion of the claimed deduction, leading to the Commissioner invoking power under Section 263 based on Section 80P(4) to set aside the assessment order. The issue revolved around whether Section 80P(4) applied to the assessee, given its status as a Co-operative society providing credit facilities.

2. The Revisional Authority set aside the assessment order, prompting the assessee to appeal before the Tribunal. The Tribunal held that Section 80P(4) did not apply as the assessee was not a Co-operative Bank. It emphasized that for Section 263 to be invoked, the order must be erroneous and prejudicial to revenue. Since the assessee was not a Co-operative Bank, there was no error by the Assessing authority, and the order was not prejudicial to revenue, leading to the Tribunal setting aside the Revisional Authority's order.

3. The High Court analyzed the legislative intent behind Section 80P(4) introduced in 2007, excluding Co-operative banks from certain benefits. It clarified that the provision aimed to deny benefits to Co-operative banks exclusively engaged in banking business, not to Co-operative societies providing credit facilities. The Court highlighted that the assessee, being a Co-operative society, fell under Section 80P(2)(a)(i) and was eligible for the deduction. Referring to a previous judgment, the Court emphasized that for Section 263 to apply, the order must be both erroneous and prejudicial to revenue, which was not the case here.

4. The Court's analysis focused on the distinction between Co-operative banks and societies, emphasizing that the assessee's status as a society entitled it to the deduction under Section 80P(2)(a)(i). The judgment reinforced that the Revisional Authority's decision lacked merit as the order was not erroneous or prejudicial to revenue. By upholding the Tribunal's decision, the Court reaffirmed that the assessee's classification as a Co-operative society, not a bank, was pivotal in determining the applicability of Section 80P and the Revisional Authority's jurisdiction under Section 263.