2019 (1) TMI 463 - AT - Income Tax

Deduction u/s 80P - Held that - As relying on M/S. UDAYA SOUHARDA CREDIT COOPERATIVE SOCIETY 2018 (8) TMI 1063 - ITAT BANGALORE we set aside the order of the CIT(A) and restore the matter to the file of the AO to readjudicate the claim of the assessee in the light of aforesaid order of the Tribunal to ascertain as to whether the assessee is entitled for deduction u/s 80P or not before going on merit.

Summary

Issues:
1. Disallowance under section 80(2)(A)(1)
2. Addition of income from liquid deposit
3. Disallowance of rental income
4. Eligibility for deduction under section 80P

Disallowance under section 80(2)(A)(1):
The appellant contested the disallowance under section 80(2)(A)(1) of the Act, amounting to ?19,24,014. The Tribunal noted that the appellant was registered under the Souhardha Sahakari Act as a cooperative but claimed to be a cooperative society under the Karnataka Souhardha Sahakari Act 1977 for deduction under section 80P. The Tribunal referred to a similar case involving Udaya Souharda Credit Co-operative Society Limited where the matter was remanded to the AO for verification of the impact of registration under the Karnataka Souhardha Sahakari Act. Since the appellant was registered under the same Act, the Tribunal directed the matter to be sent back to the AO for further examination.

Addition of income from liquid deposit:
The Tribunal also addressed the addition of ?20,77,789 as income earned from a liquid deposit made in nationalized banks. It was observed that the appellant's registration under the Karnataka Souhardha Sahakari Act needed verification to determine eligibility for deduction under section 80P. The Tribunal highlighted that the appellant's status as a cooperative society was crucial in deciding the allowance of deductions under section 80P.

Disallowance of rental income:
Regarding the disallowance of ?39,830 as rental income, the Tribunal emphasized the need to establish the appellant's status as a cooperative society under the relevant Act before making a decision on the eligibility for deductions under section 80P. The Tribunal referred to the case of Udaya Souharda Credit Co-operative Society Limited to support the decision to remand the matter to the AO for further examination.

Eligibility for deduction under section 80P:
The Tribunal delved into the distinction between cooperatives and cooperative societies under the Karnataka Co-operative Societies Act and the Karnataka Souharda Sahakari Act. It highlighted the specific definitions of cooperatives and cooperative societies under the Acts and the provisions for conversion between the two entities. The Tribunal scrutinized the appellant's registration certificate and cause title, noting discrepancies that raised doubts about the creation of a cooperative society under the Co-operative Societies Act. Consequently, the Tribunal set aside the CIT(A)'s order and remanded the matter to the AO for a thorough re-examination of the appellant's eligibility for deduction under section 80P.

In conclusion, the Tribunal allowed the appeal for statistical purposes and directed the AO to reassess the appellant's claim in light of the Tribunal's order before proceeding with a decision on the merits.