2021 (10) TMI 1413 - HC - Income Tax

Exemption u/s 80-P - claim denied as petitioner is not a Co-operative Society within the meaning of Section 2(19) - HELD THAT - As decided in Swabhimani Souharda Credit Co-operative Ltd 2020 (1) TMI 831 - KARNATAKA HIGH COURT all entities registered under the said Act of 1997 are Cooperative Societies within the meaning of Section 2(19) of the IT Act 1961 and that they would be entitled to stake their claim for exemption under Section 80-P. In view of the decision of M/s. Swabhimani Souharda Credit Cooperative Ltd., (supra) we are of considered opinion that the impugned Assessment Order at Annexure-E is erroneous and illegal and therefore deserves to be quashed and the matter be remitted back for re-consideration afresh in accordance with law bearing in mind the observations and findings recorded in this order. Decided in favour of assessee.

Summary

Issues:
1. Whether the petitioner is entitled to exemption under Section 80-P of the Income Tax Act?
2. Whether the petitioner qualifies as a Cooperative Society under the Income Tax Act?
3. Whether the petitioner is a Cooperative Society under the Karnataka Co-operative Society Act, 1959?

Analysis:

Issue 1: Exemption under Section 80-P:
The petitioner sought a writ to declare eligibility for deduction under Section 80P of the Income Tax Act. The main contention was whether the petitioner, a Society registered under the Karnataka Souharda Sahakari Act, 1997, qualifies as a Cooperative Society under Section 2(19) of the Income Tax Act. The petitioner relied on a previous decision by the Court in a similar case to support their claim for exemption under Section 80-P.

Issue 2: Qualification as a Cooperative Society:
The Court examined whether the petitioner, registered under the Karnataka Souharda Sahakari Act, 1997, is considered a Cooperative Society under the Income Tax Act. The Court referred to a previous judgment where it was held that entities registered under the said Act of 1997 are Cooperative Societies within the meaning of Section 2(19) of the IT Act, making them eligible for exemption under Section 80-P. The Court noted that the impugned assessment order rejected the petitioner's claim based on the misconception that the petitioner did not qualify as a Cooperative Society under the IT Act.

Issue 3: Status under Karnataka Co-operative Society Act, 1959:
The petitioner also sought a declaration that entities registered under the Karnataka Souharda Sahakari Act, 1997, are Cooperative Societies under the Karnataka Co-operative Society Act, 1959. The Court did not delve deeply into this issue but focused on the petitioner's eligibility for exemption under Section 80-P of the Income Tax Act.

Conclusion:
The Court allowed the petition, quashed the assessment order and consequential notice, and remitted the matter back for reconsideration. The Court emphasized that entities registered under the Karnataka Souharda Sahakari Act, 1997, are Cooperative Societies under the Income Tax Act, entitling them to exemption under Section 80-P. The judgment clarified the legal status of such entities and upheld their right to claim benefits under the relevant provisions of the Income Tax Act.