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2018 (6) TMI 539 - AT - Income TaxEligibility of deduction u/s 80P(2) - assessee is a primary agricultural credit society registered under the Kerala Co-operative Societies Act - Held that - Hon ble jurisdictional High Court in the case of Chirakkal Service Co-operative Bank Limited & Ors 2016 (4) TMI 826 - KERALA HIGH COURT held that when a primary agricultural credit Society is registered as such under the Kerala Co-operative Societies Act, 1969, such society is entitled to the benefit of deduction u/s 80P(2) - hence we hold that the CIT(A) is justified in directing the AO to grant deduction u/s 80P(2)(a)(i) - Decided in favor of assessee.
Issues Involved:
1. Eligibility for deduction under Section 80P(2)(a)(i) of the Income Tax Act. 2. Interpretation of Section 80P(4) of the Income Tax Act. 3. Applicability of the Supreme Court's decision in the case of The Citizen Co-Operative Society Ltd. vs Assistant Commissioner of Income Tax. 4. Classification and activities of the assessee as a Primary Agricultural Credit Society under the Kerala Co-operative Societies Act, 1969. 5. Judicial precedents and their relevance to the present case. Detailed Analysis: 1. Eligibility for deduction under Section 80P(2)(a)(i) of the Income Tax Act: The primary issue was whether the assessee, a primary agricultural credit society registered under the Kerala Co-operative Societies Act, 1969, was entitled to deduction under Section 80P(2)(a)(i) of the Income Tax Act. The Assessing Officer denied the deduction, claiming that the assessee was engaged in the business of banking, thus falling under the purview of Section 80P(4), which disallows such deductions. 2. Interpretation of Section 80P(4) of the Income Tax Act: The Revenue argued that the insertion of Section 80P(4) disqualified the assessee from claiming deductions under Section 80P(2)(a)(i) as it was engaged in banking activities. However, the Tribunal referred to the judgment of the jurisdictional High Court in the case of Chirakkal Service Co-operative Bank Ltd. and Others, which held that once a society is classified as a primary agricultural credit society by the competent authority under the Kerala Co-operative Societies Act, it is entitled to the deduction under Section 80P(2). 3. Applicability of the Supreme Court's decision in the case of The Citizen Co-Operative Society Ltd. vs Assistant Commissioner of Income Tax: The Revenue cited the Supreme Court's decision in the Citizen Co-Operative Society case, which emphasized examining the activities of the society rather than just its registration status. The Tribunal distinguished this case by noting that the Supreme Court's decision was specific to the facts of that case, where the society was found to be accepting deposits from non-members and conducting business akin to banking. The Tribunal observed that in the present case, the assessee's activities were confined to its members, and it was registered as a primary agricultural credit society under the Kerala Co-operative Societies Act. 4. Classification and activities of the assessee as a Primary Agricultural Credit Society under the Kerala Co-operative Societies Act, 1969: The Tribunal emphasized that the assessee was registered and classified as a primary agricultural credit society by the competent authority under the Kerala Co-operative Societies Act. The Tribunal noted that the High Court had ruled that such societies are entitled to the deduction under Section 80P(2) without further probing into their activities by the Income Tax authorities. 5. Judicial precedents and their relevance to the present case: The Tribunal referred to various judicial precedents, including the decisions of the Kerala High Court and the Supreme Court, to support its conclusion. It highlighted that the definition of 'member' under the Kerala Co-operative Societies Act includes nominal members, and deposits from such members cannot be treated as deposits from the public. The Tribunal also noted that the Reserve Bank of India considers such societies as primary agricultural credit societies, exempting them from the provisions of the Banking Regulation Act. Conclusion: The Tribunal concluded that the CIT(A) was justified in allowing the deduction under Section 80P(2)(a)(i) to the assessee. It upheld the CIT(A)'s order based on the jurisdictional High Court's judgment in the Chirakkal Service Co-operative Bank case and dismissed the Revenue's appeal. The Tribunal clarified that the Supreme Court's decision in the Citizen Co-Operative Society case did not apply to the present facts, as the assessee's activities were within the scope of a primary agricultural credit society as defined under the Kerala Co-operative Societies Act.
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