2017 (3) TMI 1799 - HC - Income Tax

Deduction u/s 80P - Whether assessee is a co operative credit society and is not a bank? - HELD THAT - It is an agreed position between the parties that the issue arising herein stands concluded against the Revenue and in favour of the respondent assessee for the subject assessment years by the decision of this Court in M/s. Quepem Urban Co operative Credit Society Ltd. Vs. Assistant Commissioner of Income Tax, 2015 (6) TMI 573 - BOMBAY HIGH COURT and Principal Commissioner of Income Tax, Goa Vs. Goa PWD Staff Co op. Credit Society Ltd. 2015 (12) TMI 1575 - BOMBAY HIGH COURT - No substantial question of law

Summary

Issues:
Challenge to order of Income Tax Appellate Tribunal under Section 260A of the Income Tax Act, 1961 regarding classification of a co-operative credit society as a bank for the purpose of Section 80P(4) of the Act.

Analysis:
1. The appeal before the High Court challenged the common order of the Income Tax Appellate Tribunal (the Tribunal) for Assessment Years 2007-08 and 2008-09 under Section 260A of the Income Tax Act, 1961. The primary issue raised was whether the co-operative credit society in question could be classified as a bank for the purpose of Section 80P(4) of the Act.

2. The Revenue presented the question of law for consideration, questioning the classification of the assessee as a co-operative credit society and not a bank under Section 80P(4) of the Act. However, it was noted that the issue had already been settled in favor of the respondent assessee for the relevant assessment years. The High Court referred to the decisions in M/s. Quepem Urban Co-operative Credit Society Ltd. and Principal Commissioner of Income Tax, Goa Vs. Goa PWD Staff Co-op. Credit Society Ltd., which had concluded the matter against the Revenue.

3. Given the precedents and the settled position of law, the High Court held that the proposed question did not raise any substantial question of law warranting further consideration. As a result, the question was not entertained, and the appeals were dismissed. No costs were awarded in the matter.

4. In conclusion, the High Court upheld the decisions of the lower authorities and dismissed the appeals, emphasizing that the issue of classification of the co-operative credit society as a bank for the purpose of Section 80P(4) had already been conclusively settled in previous judgments, rendering the question raised by the Revenue moot in this instance.