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2012 (11) TMI 1282 - AT - Income TaxDeduction for Co-operative Society u/s 80P(2)(a)(i) - Co-operative Bank or not - Assessee, a cooperative society derives income from providing credit facilities to its members only. They claimed deduction u/s 80P(2)(a)(i). Referring to the Banking Regulation Act, 1949 the AO held that the assessee fulfils all the criteria laid down in s. 5(ccv) and is consequently a primary cooperative bank, thus is not eligible for deduction u/s 80P(2)(a)(i). - HELD THAT - Cooperative society is distinct and separate from the cooperative bank and cannot be said as a primary cooperative bank within the meaning of Banking Regulation Act, 1949. Therefore, the assessee, cooperative society is entitled to deduction u/s 80P(2)(a)(i) of the IT Act. Decision in the case of INCOME TAX OFFICER, WARD -2 (4) , BEED VERSUS JAIN NAGARI SAHAKARI PAT SANSTHA LTD. 2012 (9) TMI 1174 - ITAT PUNE , relied upon. Decision in favour of Assessee.
Issues Involved:
1. Eligibility for deduction under Section 80P(2)(a)(i) of the Income Tax Act, 1961. 2. Interpretation of "Co-operative Bank" and "Co-operative Credit Society" under the Banking Regulation Act, 1949. 3. Applicability of the amendment to Section 80P(4) by the Finance Act, 2006. Detailed Analysis: 1. Eligibility for Deduction under Section 80P(2)(a)(i): The primary issue in this case is whether the assessee, a cooperative society providing credit facilities to its members, is entitled to claim deduction under Section 80P(2)(a)(i) of the Income Tax Act, 1961. The assessee claimed a deduction of Rs. 19,21,181/- under this section, arguing that it is a cooperative society and not a cooperative bank. 2. Interpretation of "Co-operative Bank" and "Co-operative Credit Society": The Assessing Officer (AO) denied the deduction, asserting that the assessee qualifies as a "primary cooperative bank" as per the explanation below sub-section 4 of Section 80P. The AO's reasoning included: - The definition of "co-operative bank" in Part V of the Banking Regulation Act, 1949, which includes a State Cooperative Bank, Central Cooperative Bank, and Primary Cooperative Bank. - Clause (cci) of Section 5 of the Banking Regulation Act defines a "co-operative bank" to include a Primary Cooperative Bank. - The assessee's activities were deemed analogous to banking activities, thus categorizing it as a primary cooperative bank. 3. Applicability of the Amendment to Section 80P(4): The AO also referred to the amendment to Section 80P(4) by the Finance Act, 2006, which states that provisions of Section 80P shall not apply to any cooperative bank other than a primary agricultural credit society or a primary cooperative agricultural and rural development bank. The AO concluded that since the assessee is not a primary agricultural credit society or a primary cooperative agricultural and rural development bank, it is not eligible for the deduction. Tribunal's Findings: The Tribunal upheld the CIT(A)'s decision to allow the deduction under Section 80P(2)(a)(i), relying on the following points: - Distinction Between Co-operative Bank and Co-operative Credit Society: The Tribunal emphasized the distinction between a cooperative bank and a cooperative credit society as per the Banking Regulation Act, 1949. It noted that a cooperative credit society is defined separately and is distinct from a cooperative bank. - Interpretation of Banking Activities: The Tribunal referred to the definition of "banking" under the Banking Regulation Act, which involves accepting deposits from the public. It concluded that the assessee's activities did not fulfill all the conditions to be classified as a primary cooperative bank. - Precedent: The Tribunal cited its earlier decision in the case of ITO vs. Jain Nagari Sahakari Pat Sanstha Ltd., where it was held that a cooperative society providing credit facilities to its members is distinct from a cooperative bank and is entitled to the deduction under Section 80P(2)(a)(i). Conclusion: The Tribunal dismissed the Revenue's appeal, affirming that the assessee, being a cooperative credit society, is entitled to the deduction under Section 80P(2)(a)(i) of the Income Tax Act. The Tribunal's decision was based on the clear distinction between a cooperative bank and a cooperative credit society, as well as the specific provisions and definitions under the Banking Regulation Act, 1949. The Tribunal's reliance on precedent further strengthened its conclusion.
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