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2014 (11) TMI 598 - AT - Income TaxCondonation of delay delay of 65 days Held that - Assessee in the affidavit, has explained the reasons for the delay - the Hon. Secretary was looking after all the income tax affairs of the assessee society - On 22.11.13, he was hospitalized and operated on 30.12.13 for heart problems - Copy of the discharge summary of KLES Heart Foundation, Belgaum has also been filed in support of the averments in the affidavit - Thus, reasons for the delay have been explained to be due to ill-health of the Hon. Secretary of the assessee - delay in fling the appeal was occasioned due to a reasonable cause delay condoned. Denial of deduction u/s 80P(2)(a)(i) - Assessee is a co-operative society registered under the Karnataka State Co-operative Societies Act, 1959 - Held that - In ACIT, Circle 3(1), Bangalore v. M/s. Bangalore Commercial Transport Credit Co-operative Society Ltd. 2011 (4) TMI 1222 - ITAT BANGALORE - it has been held that section 80P(4) is applicable only to cooperative banks and not to credit cooperative societies - The intention of the legislature of bringing in cooperative banks - Since the assessee is a cooperative society and not a cooperative bank, the provisions of section 80P(4) will not have application in the assessee s case and therefore, it is entitled to deduction u/s 80P(2)(a)(i) of the Act The existing sub-section 80P(2)(a)(i) shall be applicable to a cooperative society carrying on credit facility to its members - This view is clarified by Central Board of Direct Tax vide its clarification No.133/06/2007-TPL dated 9th May, 2007 - The new proviso to section 80P(4) which is brought into statute is applicable only to cooperative banks and not to credit cooperative societies - The intention of the legislature of bringing in cooperative banks into the taxation structure was mainly to bring in par with commercial banks - Since the assessee is a cooperative society and not a cooperative bank, the provisions of section 80P(4) will not have application and it is entitled to deduction u/s 80P(2)(a)(i) of the Act - the assessee society is entitled to deduction u/s. 80P(2)(a)(i) of the Act Decided in favour of assessee.
Issues Involved:
1. Condonation of delay in filing the appeal. 2. Denial of deduction under Section 80P(2)(a)(i) of the Income-tax Act, 1961. Detailed Analysis: 1. Condonation of Delay in Filing the Appeal: The appellant, a co-operative society, filed an appeal against the order dated 16.08.2013 of the CIT(Appeals), Belgaum, relating to the assessment year 2010-11. There was a delay of 65 days in filing the appeal. The appellant submitted an application for condonation of delay along with an affidavit explaining the reasons. The Hon. Secretary of the appellant, who was responsible for tax affairs, was unwell and hospitalized, which caused the delay. The Tribunal, after reviewing the affidavit and supporting medical documents, found the reasons for the delay to be reasonable and condoned the delay. 2. Denial of Deduction under Section 80P(2)(a)(i): The core issue in the appeal was the denial of deduction under Section 80P(2)(a)(i) of the Income-tax Act, 1961. The appellant, a co-operative society providing credit facilities to its members, claimed this deduction. Section 80P(2)(a)(i) allows deduction for income from banking or providing credit facilities to members. However, the AO denied the deduction, referring to the amendment by the Finance Act, 2006, which introduced sub-section (4) to Section 80P, excluding co-operative banks from this benefit. The AO categorized the appellant as a co-operative bank, thus denying the deduction. The AO's decision was upheld by the CIT(Appeals), who relied on various ITAT decisions, concluding that the appellant's activities fell under the Banking Regulation Act, thus making it ineligible for the deduction. Tribunal's Decision: The Tribunal referred to its previous decision in ACIT, Circle 3(1), Bangalore v. M/s. Bangalore Commercial Transport Credit Co-operative Society Ltd., where it was held that Section 80P(4) applies only to co-operative banks, not to credit co-operative societies. The Tribunal emphasized that the appellant is a co-operative society, not a co-operative bank, and thus Section 80P(4) does not apply. The Tribunal also cited the CBDT Circular No.133/06/2007, which clarified that Section 80P(4) excludes only co-operative banks, not credit co-operative societies. The Tribunal further referenced the Gujarat High Court's judgment in CIT Vs. Jafari Momin Vikas Co-op Credit Society Ltd., which supported the view that Section 80P(4) applies only to co-operative banks. Additionally, the Karnataka High Court's decision in CIT v. Sri Biluru Gurubasava Pattina Sahakari Sangha Niyamitha Bagalkot reaffirmed that a co-operative society, not being a co-operative bank, is entitled to the deduction under Section 80P(2)(a)(i). Conclusion: Based on these precedents and clarifications, the Tribunal concluded that the appellant, being a co-operative society and not a co-operative bank, is entitled to the deduction under Section 80P(2)(a)(i). The appeal was allowed, and the denial of deduction by the revenue authorities was overturned. Result: The appeal by the assessee was allowed, and the deduction under Section 80P(2)(a)(i) was granted.
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