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TMI Blog2006 (9) TMI 144X X X X Extracts X X X X X X X X Extracts X X X X ..... l the appeals stand admitted on the following question of law: "Whether, on the facts and circumstances of the case, the Tribunal was right in holding that the assessee-co-operative society is engaged in the 'collective disposal of the labour of its members' and eligible as per section 80P(2)(a)(vi)?" Heard Mr. J. Narayanaswamy, learned counsel appearing for the Revenue/appellant, and Mr. V.S. J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o sub-section (2)(a) to section 80P as hereunder: "Provided that in the case of a co-operative society falling under sub-clause (vi), or sub-clause (vii), the rules and bye-laws of the society restrict the voting rights to the following classes of its members, namely: (1) the individuals, who contribute their labour or, as the case may be, carry on the fishing or allied activities; (2) the co-o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... up for consideration. Sub-clause (iii) reads as hereunder: "the marketing of the agricultural produce of its members." The Supreme Court in that judgment held that the word "members" includes not only individual member but also others. But however, the Revenue counsel argued before us that, the proviso extracted above, is referable only to clauses (vi) and (vii) and therefore the judgment of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he case of the assessee that restriction of voting rights of the society is only to the members. Others, who can participate in the activities of the society are not entitled to voting rights." Under these circumstances, holding that it is not possible to read the proviso in the manner in which the Revenue wants to read it, we sustain the orders challenged in all these appeals by answering the qu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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