2020 (6) TMI 671 - AT - Income Tax

Deduction u/s 80P(2)(a)(i) - agricultural credit provided by the assessee is only minuscule and assessee cannot be termed as primary agricultural credit society accordingly disallowance of claim of deduction u/s 80P made by the AO was upheld by the CIT(A) - HELD THAT - In the light of the dictum laid down by the Full Bench of the Hon ble Kerala High Court in the case of The Mavilayi Service Co-operative Bank Ltd. v. CIT 2019 (3) TMI 1580 - KERALA HIGH COURT we are of the view that there should be fresh examination by the AO as regards the nature of each loan disbursement and purpose for which it has been disbursed, i.e., whether it for agricultural purpose or not. A.O. shall list out the instances where loans have disbursed to non-members of assessee-society, for non-agricultural purposes etc. and accordingly conclude that the assessee s activities are not in compliance with the activities of primary agricultural credit society functioning under the Kerala Co-operative Societies Act, 1969, before denying the claim of deduction u/s 80P(2) of the I.T.Act. For the above said purpose, the issue raised in this appeal is restored to the files of the Assessing Officer. The Assessing Officer shall examine the activities of the assessee-society by following the dictum laid down by the Full Bench of the Hon ble jurisdictional High Court in the case of The Mavilayi Service Co-operative Bank Ltd. v. CIT (supra) and shall take a decision in accordance with law. - Appeal filed by the assessee is allowed for statistical purposes

Summary

Issues Involved:
- Whether the CIT(A) was justified in confirming the Assessing Officer's order in denying the claim of deduction u/s 80P(2)(a)(i) of the I.T.Act for the assessment year 2017-2018.

Detailed Analysis:
1. Background: The appellant, a cooperative society, filed a return for the assessment year 2017-2018 claiming deduction u/s 80P of the I.T.Act. The Assessing Officer disallowed the claim based on the grounds that the appellant was primarily engaged in banking activities, making it ineligible for the deduction.

2. First Appeal: The appellant appealed to the CIT(A) challenging the disallowance. The CIT(A) upheld the Assessing Officer's decision, citing a judgment by the Hon'ble jurisdictional High Court that supported the denial of the deduction based on the nature of the appellant's activities.

3. Grounds of Appeal: The appellant raised multiple grounds in the appeal before the Tribunal, arguing for the eligibility of the deduction u/s 80P(2)(a)(i) and challenging the CIT(A)'s decision. The appellant emphasized that it qualified for the deduction and that the denial was unjust and illegal.

4. Tribunal Decision: The Tribunal considered the conflicting judgments by different High Court benches regarding the eligibility of cooperative societies for deduction u/s 80P. It noted that a detailed examination of the appellant's loan disbursements was necessary to determine the purpose of the loans and their compliance with agricultural credit criteria.

5. Fresh Examination: The Tribunal directed the Assessing Officer to conduct a thorough review of the appellant's loan activities to ascertain the nature of each disbursement, particularly focusing on agricultural versus non-agricultural purposes. The A.O. was instructed to follow the guidelines set by the Full Bench of the Hon'ble Kerala High Court and make a decision based on factual findings.

6. Outcome: The Tribunal allowed the appeal for statistical purposes and dismissed the stay application as the appeal was disposed of. The decision was made on June 26, 2020, emphasizing the need for a detailed assessment of the appellant's loan disbursements to determine the eligibility for the deduction u/s 80P(2)(a)(i) of the I.T.Act for the assessment year 2017-2018.