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2015 (7) TMI 762 - AT - Income TaxEntitlement to exemption u/s. 80P(2)(a)(i) - CIT(A) allowed claim holding that the assessee is a co operative society and not a co-operative bank and therefore the provisions of section 80P(4) of the Act are not applicable - Held that - In the judgment of CIT v. Sri Biluru Gurubasava Pattina Sahakari Sangha Niyamitha Bagalkot 2015 (1) TMI 821 - KARNATAKA HIGH COURT the Hon ble jurisdictional High Court took the view that when the status of the assessee is a co-operative society and not a co-operative bank, the order passed by the AO extending the benefit of exemption from payment of tax 80P(2)(a)(i) of the Act is correct and such an order is not erroneous and therefore, jurisdiction u/s. 263 of the Act cannot be invoked. In view of the aforesaid decisions and decision of the Tribunal in the assessee s own case for A.Y. 2008-09, we are of the view that the assessee society is entitled to deduction u/s. 80P(2)(a)(i) of the Act. We uphold the order of the ld CIT(Appeals) - Decided in favour of assessee.
Issues Involved:
1. Applicability of Section 80P(2)(a)(i) of the Income Tax Act, 1961. 2. Classification of the assessee as a co-operative society versus a co-operative bank. 3. Interpretation of Section 80P(4) and its applicability to the assessee. Detailed Analysis: 1. Applicability of Section 80P(2)(a)(i) of the Income Tax Act, 1961: The core issue is whether the assessee, a co-operative society, is entitled to the deduction under Section 80P(2)(a)(i) of the Income Tax Act, 1961. This section allows a deduction for income derived from providing credit facilities to its members. The CIT(Appeals) allowed the deduction, holding that the assessee is a co-operative society and not a co-operative bank, thus making Section 80P(4) inapplicable. The Tribunal upheld this view, referencing its prior decision in ITA No.8/Bang/2012 for the A.Y. 2008-09, where the issue was decided in favor of the assessee. 2. Classification of the Assessee as a Co-operative Society versus a Co-operative Bank: The Revenue argued that the assessee should be classified as a co-operative bank, which would make it ineligible for the deduction under Section 80P(2)(a)(i). The AO's view was based on the nature of the assessee's activities, which included accepting deposits and lending money, similar to a banking institution. However, the Tribunal noted that the assessee operates as a credit co-operative society and not as a co-operative bank. The Tribunal emphasized the distinction between the two entities, highlighting that co-operative societies are governed by different regulations and do not perform all the functions of a bank, such as issuing cheques, demand drafts, or acting as a clearing agent. 3. Interpretation of Section 80P(4) and its Applicability to the Assessee: Section 80P(4) was introduced to exclude co-operative banks from the benefits of Section 80P, except for primary agricultural credit societies and primary co-operative agricultural and rural development banks. The Tribunal clarified that Section 80P(4) applies only to co-operative banks as defined in the Banking Regulation Act, 1949, and not to co-operative societies. This interpretation was supported by a CBDT circular (No.133/06/2007-TPL dated 9th May, 2007), which explicitly stated that Section 80P(4) does not apply to co-operative societies that are not co-operative banks. Supporting Judgments: The Tribunal referenced several judgments to support its decision: - ACIT, Circle 3(1), Bangalore v. M/s. Bangalore Commercial Transport Credit Co-operative Society Ltd.: This case established that Section 80P(4) is applicable only to co-operative banks and not to credit co-operative societies. - CIT Vs. Jafari Momin Vikas Co-op Credit Society Ltd.: The Gujarat High Court held that Section 80P(4) does not apply to co-operative societies that are not co-operative banks. - CIT v. Sri Biluru Gurubasava Pattina Sahakari Sangha Niyamitha Bagalkot: The Karnataka High Court confirmed that a co-operative society is entitled to the deduction under Section 80P(2)(a)(i) if it is not classified as a co-operative bank. Conclusion: The Tribunal dismissed the Revenue's appeal, affirming that the assessee, being a co-operative society and not a co-operative bank, is entitled to the deduction under Section 80P(2)(a)(i) of the Act. The Tribunal's decision was based on the clear distinction between co-operative societies and co-operative banks, supported by legislative intent and judicial precedents. The order of the CIT(Appeals) was upheld, and the assessee's entitlement to the deduction was confirmed.
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