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TMI Blog2018 (9) TMI 1556X X X X Extracts X X X X X X X X Extracts X X X X ..... e Societies Act, 1969 is entitled to the benefit of deduction u/s. 80P(2). - Decided in favour of assessee - ITA No.57/Coch/2018, ITA No.58/Coch/2018, CO No.24/Coch/2018 And CO No.25/Coch/2018 - - - Dated:- 24-9-2018 - Shri Chandra Poojari, AM And Shri George George K, JM For The Revenue : Smt.A.S.Bindhu For The Assessee : Sri. M.K.Kurivilla ORDER Per Bench These appeals at the instance of the Revenue and the Cross Objections filed by the assessee are directed against separate orders of the CIT(A). 2. The only issue raised in these appeals is whether the assessee is entitled to deduction u/s. 80P(2)(a)(i) of the I.T.Act? 3. Briefly stated the facts of the case are as follows: The assessee is a p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 84 ITR 490. 6. We have heard the rival submissions and perused the material on record. Admittedly, the assessee is primary agricultural credit society registered under the Kerala Cooperative Societies Act, 1969. The Hon'ble High Court of Kerala in the case of Chirakkal Service Co-op Bank Ltd. (supra) had 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). The Hon'ble High Court was considering the following substantial question of law: a) Whether on the facts and in the circumstances of the case under consideration, the Tribunal is correct in law in deciding against the assessee, the issue regarding entitlement fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tivities and to provide loans and advances for agricultural purposes, the rate 'of interest on such loans and advances to be at the rate fixed by the Registrar of co-operative societies under the KCS Ad and having its area of operation confined to a village, panchayat or a municipality. This is the consequence of the definition clause in section 2(oaa) of the KCS Act The authorities under the IT Act cannot probe into any issue or such matter relating to such applicants. 16. The position of law being as above with reference to the statutory provisions, the appellants had shown to the authorities and the Tribunal that they are primary agricultural credit societies in terms of clause (cciv) of section 5 of the BR Act having regard to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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