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2025 (4) TMI 33 - AT - Income TaxDenial of deduction u/s 80P - assessee is a primary agricultural credit co-operative society registered under the Kerala Co-Operative Societies Act 1969 - HELD THAT - We are of the considered view that section 80P(4) is of relevance only in a case where the assessee who is a Co-operative Bank claims a deduction under section 80P of the Act which is not the fact of the present case. We also find that in PCIT v/s Annasaheb Patil Mathadi Kamgar Sahakari Pathpedi Ltd. 2023 (5) TMI 372 - SC ORDER the Hon ble Supreme Court held that a taxpayer who is merely giving credit to its members cannot be said to be the Co-operative Banks/Banks under the Banking Regulation Act and the banking activities under the Banking Regulation Act are altogether different. Therefore the Hon ble Supreme Court held that the assessee a co-operative credit society could not be termed a bank/Co-operative Bank and that being a credit society it was entitled to exemption under section 80(P)(2) of the Act. Therefore no merits in the aforesaid reasoning adopted by the AO in denying the deduction under section 80P of the Act to the assessee. Appeal by the assessee is allowed.
ISSUES PRESENTED and CONSIDERED
The core legal issue presented and considered in this judgment is whether the assessee, a primary agricultural credit co-operative society, is entitled to a deduction under section 80P of the Income Tax Act, 1961. This issue involves determining if the assessee qualifies as a primary agricultural credit society or falls within the definition of a primary Co-operative Bank under the Banking Regulation Act, thereby affecting its eligibility for the deduction. ISSUE-WISE DETAILED ANALYSIS Relevant Legal Framework and Precedents The relevant legal framework centers around section 80P of the Income Tax Act, 1961, which provides deductions to co-operative societies. Section 80P(4) specifically excludes Co-operative Banks from claiming this deduction, except for primary agricultural credit societies. The Banking Regulation Act defines what constitutes a Co-operative Bank. The Supreme Court's precedents in Mavilayi Service Co-operative Bank Ltd. v/s CIT and PCIT v/s Annasaheb Patil Mathadi Kamgar Sahakari Pathpedi Ltd. provide interpretative guidance on these provisions. Court's Interpretation and Reasoning The Tribunal interpreted section 80P(4) as excluding only those Co-operative Banks that operate at par with commercial banks and possess an RBI license for banking business. It emphasized that the exclusion does not apply to entities merely providing credit to their members, as such entities do not qualify as banks under the Banking Regulation Act. The Tribunal relied on the Supreme Court's reasoning that a co-operative credit society is distinct from a Co-operative Bank and, therefore, eligible for the deduction under section 80P(2). Key Evidence and Findings The Tribunal noted that the assessee was registered under the Kerala Co-Operative Societies Act, 1969, and primarily engaged in providing credit to its members. The Assessing Officer (AO) had disallowed the deduction on the basis that only 11.48% of loans were for agricultural purposes, classifying the assessee as a Co-operative Bank. However, the Tribunal found this reasoning flawed, as the Supreme Court had clarified that mere credit provision to members does not equate to banking activities under the Banking Regulation Act. Application of Law to Facts The Tribunal applied the Supreme Court's interpretation, concluding that the assessee, being a co-operative credit society, was not a Co-operative Bank under the Banking Regulation Act. Therefore, the assessee was entitled to the deduction under section 80P(2), as it did not fall within the exclusionary scope of section 80P(4). Treatment of Competing Arguments The Tribunal addressed the AO's argument that the assessee was a Co-operative Bank due to its low percentage of agricultural loans. It countered this by referencing the Supreme Court's decisions, which distinguished between co-operative credit societies and Co-operative Banks based on their operational scope and regulatory status, rather than the proportion of loans for agricultural purposes. Conclusions The Tribunal concluded that the assessee was wrongly classified as a Co-operative Bank by the AO and was, in fact, a primary agricultural credit society eligible for the deduction under section 80P. It set aside the CIT(A)'s order, allowing the assessee's appeal. SIGNIFICANT HOLDINGS The Tribunal's significant holding is the reaffirmation of the principle that co-operative credit societies are distinct from Co-operative Banks under the Banking Regulation Act, as established by the Supreme Court. It emphasized that section 80P(4) applies only to Co-operative Banks that function similarly to commercial banks, not to societies merely providing credit to members. The Tribunal stated, "We are of the considered view that the assessee is entitled to claim deduction under section 80P of the Act," thereby setting aside the CIT(A)'s order and allowing the appeal.
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