2017 (11) TMI 997 - AT - Income Tax

Grant of deduction u/s 80P(2) to the assessee-society - Held that - In the instant case, admittedly, the assessee has produced a certificate showing that it is registered as a Primary Agricultural Credit Society under the provisions of the Kerala Co-operative Societies Act, 1969. Since the Hon ble Kerala High Court in case of M/s Chirakkal Service Co-operative Bank & Ors 2016 (4) TMI 826 - KERALA HIGH COURT has categorically held that a Primary Agricultural Credit Society registered under the Kerala Cooperative Societies Act, 1969 is entitled to the benefit of deduction u/s. 80P(2) of the Act, we are of the view that the CIT(A) is justified in directing the Assessing Officer to grant the benefit of deduction u/s. 80P(2) of the Act.

Issues:
- Whether the CIT(A) was justified in directing the Assessing Officer to grant deduction u/s 80P(2) of the Income-tax Act to the assessee-society.
- Interpretation of the judgment of the Hon'ble Supreme Court regarding the eligible deduction under section 80P for cooperative societies.
- Examination of the judgment of the Hon'ble Kerala High Court in the case of Chirakkal Service Co-operative Bank Limited vs. CIT.
- Determination of whether a Primary Agricultural Credit Society registered under the Kerala Cooperative Societies Act, 1969 is entitled to the benefit of deduction u/s 80P(2) of the Act.

Analysis:
1. The appeals and cross objections were directed against two orders of the CIT(A) concerning the denial of deduction u/s 80P(2) for the assessment years 2008-2009, 2010-2011, and 2011-2012. The central issue raised was the justification of the CIT(A) in granting the deduction to the assessee-society. The Revenue contended that the benefit should be limited to profits generated from agricultural activities alone, citing various judicial decisions. However, the CIT(A) relied on the judgment of the Hon'ble Kerala High Court in a similar case to support the assessee's claim.

2. The Hon'ble Kerala High Court's judgment emphasized that societies classified as primary agricultural credit societies under the Kerala Co-operative Societies Act, 1969, are entitled to the deduction u/s 80P(2). The court held that the authorities under the Income Tax Act cannot question the classification once approved by the competent authority under the State law. This decision was crucial in determining the eligibility of the assessee for the deduction.

3. The AR representing the assessee argued that the issue at hand aligns with the judgment of the Hon'ble jurisdictional High Court, further supporting the assessee's entitlement to the deduction. The Tribunal analyzed the legal provisions and previous court decisions to establish the assessee's eligibility based on being classified as a Primary Agricultural Credit Society under the relevant Act.

4. Considering the legal precedents and the specific classification of the assessee as a Primary Agricultural Credit Society under the Kerala Co-operative Societies Act, the Tribunal upheld the CIT(A)'s decision to grant the deduction u/s 80P(2) to the assessee. The Tribunal's decision was in line with the interpretation of the law and the established principles outlined in the judgments of the Hon'ble Kerala High Court.

5. The Cross Objections filed by the assessee in support of the CIT(A)'s order were dismissed as the appeals filed by the Revenue were also dismissed. The final judgment pronounced on November 16, 2017, upheld the decision to grant the deduction u/s 80P(2) to the assessee-society, based on the legal interpretations and precedents discussed during the proceedings.

← Previous Next →