2020 (4) TMI 686 - AT - Income Tax

Deduction u/s 80P - CIT(A) rejected the objections raised by the assessee and passed orders u/s 154 disallowing the claim of the assessee u/s 80P(2) - HELD THAT - CIT(A) had initially allowed the appeals of the assessee and granted deduction u/s 80P(2) of the I.T.Act. Subsequently, the CIT(A) passed orders u/s 154 wherein the claim of deduction u/s 80P was denied, by relying on the judgment of The Mavilayi Service Co-operative Bank Ltd. v. CIT 2019 (3) TMI 1580 - KERALA HIGH COURT The CIT(A) ought not to have rejected the claim of deduction u/s 80P(2) of the I.T.Act without examining the activities of the assesseesociety. The Full Bench of the Hon ble jurisdictional High Court in the case of The Mavilayi Service Co-operative Bank Ltd. V. CIT (supra) had held that the A.O. has to conduct an inquiry into the factual situation as to the activities of the assessee society to determine the eligibility of deduction u/s 80P of the I.T.Act. In view of the dictum laid we restore the issue of deduction u/s 80P(2) to the files of the AO to examine the activities of the assessee and determine whether the activities are in compliance with the activities of a co-operative society functioning under the Kerala Co-operative Societies Act, 1969 and accordingly grant deduction u/s 80P(2) - Appeal filed by the assessee allowed for statistical purposes.

Summary

Issues:
- Disallowance of deduction u/s 80P of the I.T.Act by Assessing Officer
- Appeal to CIT(A) and subsequent rectification u/s 154 by CIT(A)
- Grounds raised by the assessee challenging the rectification order
- Interpretation of judgments by Hon'ble Kerala High Court regarding eligibility for deduction u/s 80P
- Decision of the Tribunal on the appeal filed by the assessee

Issue 1: Disallowance of deduction u/s 80P of the I.T.Act by Assessing Officer

The Assessing Officer disallowed the claim of deduction u/s 80P of the I.T.Act for the assessee, a co-operative society engaged in banking activities. This disallowance was based on the insertion of section 80P(4) of the I.T.Act, which affected the eligibility of the assessee for the deduction.

Issue 2: Appeal to CIT(A) and subsequent rectification u/s 154 by CIT(A

The assessee appealed to the CIT(A) against the order disallowing the deduction. The CIT(A) initially allowed the appeal, granting the deduction u/s 80P(2) of the I.T.Act. However, the CIT(A) later issued a notice u/s 154 proposing to rectify the order based on a subsequent judgment by the Full Bench of the Hon'ble jurisdictional High Court. Despite objections from the assessee, the CIT(A) passed an order disallowing the deduction u/s 80P(2) of the I.T.Act.

Issue 3: Grounds raised by the assessee challenging the rectification order

The assessee raised several grounds challenging the rectification order by the CIT(A). These grounds included arguments against the rectification being contrary to law, the decision being on a debatable point of law, and the subsequent exposition of law not justifying the rectification. The assessee also cited previous judgments to support their case against the rectification order.

Issue 4: Interpretation of judgments by Hon'ble Kerala High Court regarding eligibility for deduction u/s 80P

The Tribunal analyzed the judgments of the Hon'ble Kerala High Court in cases such as Chirakkal Service Co-operative Co-operative Bank Ltd. v. CIT and The Mavilayi Service Co-operative Bank Ltd. v. CIT. The Larger Bench of the Hon'ble Kerala High Court reversed previous decisions, emphasizing the need for an inquiry into the activities of the assessee society to determine eligibility for deduction u/s 80P of the I.T.Act.

Issue 5: Decision of the Tribunal on the appeal filed by the assessee

After considering the arguments and legal precedents, the Tribunal dismissed the grounds raised by the assessee challenging the CIT(A)'s order under section 154. The Tribunal upheld the decision to deny the deduction u/s 80P(2) of the I.T.Act based on the judgment of the Larger Bench of the Hon'ble Kerala High Court. However, the Tribunal directed the Assessing Officer to re-examine the activities of the assessee society to determine eligibility for the deduction under section 80P(2) of the I.T.Act.

This detailed analysis outlines the progression of the case from the initial disallowance of the deduction by the Assessing Officer to the final decision of the Tribunal, highlighting the key legal issues and judgments involved in the process.