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2024 (5) TMI 56 - AT - Income Tax


Issues involved: Denial of deduction u/s 80P(1) of the Income Tax Act, 1961 for Assessment Years (AYs) 2011-12 to 2018-19.

Summary:
The Appellate Tribunal ITAT COCHIN heard a set of eight Appeals by Assessee challenging the denial of deduction u/s 80P(1) of the Income Tax Act for AYs 2011-12 to 2018-19. The denial was confirmed in first appeal by the Commissioner of Income Tax (Appeals) in separate orders dated 13.03.2023.

The learned counsel for the assessee cited the decision of the Hon'ble Apex Court in Mavilayi Service Co-operative Bank Ltd. v. CIT [2021] 431 ITR 1 (SC) to support the claim. The Tribunal, based on previous decisions, noted that the assessee-society, despite being registered as a Primary Agricultural Credit Society (PACS), may be engaged in banking activities as per the Kerala Act. The Tribunal emphasized that the assessee's lending profile, predominantly for non-agricultural purposes, does not align with the definition of PACS under the Banking Regulation Act, 1949 (BRA), making it ineligible for deduction u/s 80P(1).

Since the certified translated copy of the bye-laws, which is crucial for determining the eligibility for deduction, was not on record, the Tribunal set aside the orders by the Revenue authorities. The matter was restored to the Assessing Officer (AO) to ascertain the assessee's eligibility for deduction u/s 80P(1) based on its status as a co-operative bank. The Tribunal clarified that if the assessee is a cooperative bank, it would be entitled to full deduction on its income from banking activities.

The Tribunal allowed the assessee's appeal for statistical purposes, and the order was pronounced on April 29, 2024 under Rule 34 of The Income Tax (Appellate Tribunal) Rules, 1963.

 

 

 

 

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