9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (4) TMI 355 - AT - Income TaxAllowability of Deduction u/s 80P of the Act Held that - The assessee has not claimed the deduction of the section 80P of the Act in the return of income but claimed the same only during the course of the assessment proceedings - the claim of the assessee is not admissible as decided in Goetze (India) Limited Versus Commissioner of Income-Tax 2006 (3) TMI 75 - SUPREME Court also in CIT Vs. Pruthvi Brokers and Shareholders P. Ltd. 2012 (7) TMI 158 - BOMBAY HIGH COURT it has been held that the appellate authorities have the power to consider the claim not made in return of income - CIT(A) giving relief to the assessee at the appellate stage on the claim of deduction not made in the return of income is justified thus, CIT(A) is justified in directing the AO to allow the deduction claimed by the assessee u/s 80P of the Act on the reason that the assessee, a cooperative credit society is not a bank for the purposes of section 80P(4) of the Act the order of the CIT(A) upheld Decided against Revenue.
Issues:
- Allowability of deduction claimed under section 80P of the Income Tax Act for Assessment Years 2007-08 and 2008-09. Analysis: 1. Common Issues in Appeals: The appeals by the Revenue challenge the orders of the Ld.CIT(A) for Assessment Years 2007-08 and 2008-09 regarding the deduction claimed by the assessee under section 80P of the Act. Both appeals involve similar issues and are heard together. 2. Assessment Year 2007-08: The assessee, a cooperative credit society, declared a gross total income and claimed a deduction under section 36(1)(viia)(b) to show total income as NIL. The AO disallowed a portion of the deduction, claiming the assessee was eligible for a lesser amount. The key issue is whether the assessee qualifies for deduction under section 80P, considering the nature of its operations. 3. Assessment Year 2008-09: The assessee declared income as NIL after claiming deductions under various sections, including 80P. The AO disallowed a significant deduction amount, invoking section 80P(4) of the Act. The Ld.CIT(A) held that the assessee is entitled to exemption under section 80P, leading to the Revenue's appeal. 4. Interpretation of Section 80P(4): The core issue revolves around whether the assessee, a cooperative credit society, qualifies as a cooperative bank under section 80P(4). The Revenue contends that the assessee functions as a cooperative bank, thus ineligible for section 80P benefits. However, the assessee argues it is a cooperative society, not falling under the cooperative bank category specified in the Act. 5. Legal Interpretations: The assessee presented a CBDT clarification defining "cooperative bank" in line with the Banking Regulation Act, emphasizing the exclusion of cooperative societies like the assessee from the cooperative bank definition. The absence of a banking license and the nature of the society's operations further support the contention that it does not meet the cooperative bank criteria under section 80P(4). 6. Judicial Precedents: The Ld.CIT(A) referenced legal precedents, including decisions by the Gujarat High Court and the Tribunal, to support the distinction between cooperative societies and cooperative banks for section 80P eligibility. The Tribunal's reliance on the CBDT clarification reinforces the assessee's position. 7. Claim Admissibility: The Revenue raised a procedural objection regarding the timing of the assessee's claim for deduction under section 80P for the Assessment Year 2007-08. However, the Ld.CIT(A)'s decision to allow the claim during the appellate stage aligns with judicial interpretations, as evidenced by the Bombay High Court's ruling in a similar context. 8. Final Decision: After considering all facts and legal aspects, the Tribunal upheld the Ld.CIT(A)'s orders, emphasizing that the assessee, a cooperative credit society, does not qualify as a cooperative bank under section 80P(4). Consequently, the appeals by the Revenue were dismissed, affirming the deduction eligibility under section 80P for the respective assessment years.
|
