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TMI Blog2018 (1) TMI 1244X X X X Extracts X X X X X X X X Extracts X X X X ..... not only the cooperative banks other than those fulfilling description contained therein but also credit societies, which are not cooperative banks. In the facts of the said case, the assessee was a credit cooperative society and not a cooperative bank. The court held that the exclusion clause of sub-section (4) of section 80P would, therefore, not apply. The above decision would be squarely applicable to the facts of the present case. - Decided against revenue - Tax Appeal No. 859 of 2017 - - - Dated:- 23-1-2018 - MS. HARSHA DEVANI AND MR. A.S. SUPEHIA, JJ. For The Appellant : Mrs Mauna M Bhatt, Advocate ORAL ORDER ( PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) 1. The appellant-revenue in this appeal under section 26 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e bank or primary cooperative agricultural and rural development bank with the principal object of providing long term credit for agricultural and rural development activities. Being of the view that the assessee was a cooperative bank other than a primary agricultural credit society or a primary cooperative agricultural and rural development bank, the Assessing Officer held that the provisions of sub-section (4) of section 80P of the Act would be applicable to the assessee and disallowed the deduction claimed under section 80P of the Act. The assessee carried the matter in appeal before the Commissioner (Appeals), who allowed the said ground of appeal and deleted the disallowance under section 80P of the Act. The revenue carried the matter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n those fulfilling description contained therein but also credit societies, which are not cooperative banks. In the facts of the said case, the assessee was a credit cooperative society and not a cooperative bank. The court held that the exclusion clause of sub-section (4) of section 80P of the Act would, therefore, not apply. The above decision would be squarely applicable to the facts of the present case. 6. The impugned order passed by the Tribunal being in consonance with the view adopted by this court in the above decision, does not suffer from any legal infirmity so as to give rise to a question of law, much less, a substantial question of law, warranting interference. The appeal, therefore, fails and is, accordingly, summarily dis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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