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TMI Blog2018 (10) TMI 1028X X X X Extracts X X X X X X X X Extracts X X X X ..... se as it is to be ascertained whether the assessee is entitled for deduction u/s 80P and in the similar circumstance, the Tribunal has restored the matter back to the file of the AO in the case above. We set aside the order of the CIT(A) and restore the matter to the file of the AO to re-adjudicate 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. - Decided in favour of assessee for statistical purposes. - ITA No.661/Bang/2017 - - - Dated:- 15-10-2018 - SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI G MANJUNATH, ACCOUNTANT MEMBER For The Appellant : Shri K.L Viswanath, AR For The Respondent : Smt. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ime in this case and the Revenue has never examined this aspect earlier. Therefore, revenue is refrained from taking this new stand. 6. Having carefully examined the orders of the authorities below in the light of the Tribunal order in the case of Udaya Souharda Credit Co-operative Society Limited (Supra), we find that though argument was not raised earlier but it goes to the root of the case as it is to be ascertained whether the assessee is entitled for deduction u/s 80P and in the similar circumstance, the Tribunal has restored the matter back to the file of the AO in the case of Udaya Souharda Credit Co-operative Society Limited (Supra) in which the undersigned is the party. Relevant portion of that order is extracted hereunder for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irst time before the Tribunal at this stage, but when it is a legal argument and goes to the root of the case, it cannot be outrightly ignored. Therefore, we have to examine the argument raised by the learned DR in this regard. Under section 80P, the deduction is to be allowed only to the co-operative societies as per sub section 1 of the Act. In the entire section 80P, the word used is only a co-operative societies and no where reference was made to the co-operatives. 9. Presently we are concerned with the Karnataka and the Karnataka State has notified Karnataka Cooperative Societies Act, 1959 as well as the Karnataka Souharda Sahakari Act, 1997 and even at present both the Acts are in force simultaneously. Under the Karnataka Co-o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rar w.e.f. the date of certificate of registration given under Souharda Act. Relevant provisions of section 6 of Souharda Act is extracted hereunder for the sake of reference: 6. Certificate of registration.- ( 1) Where a Cooperative is registered or deemed to be registered, the certificate of registration duly signed and sealed by the Registrar shall be conclusive evidence that the Co-operative mentioned therein, is a Co-operative registered or deemed to be registered under this Act. ( 2) Notwithstanding anything contained in the Karnataka Co-operative Societies Act, 1959, when a certificate of registration is issued to a Co-operative after conversion of a Co-operative society into a Cooperative, the registration of su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nted as under: GOVT OF KARNATAKA CO-OPERATIVE SOCIETY SL.NO.GRB: RGN: 69:148 2003-04 DATED:13.2.2004 CERTIFICATE OF REGISTRATION I, Basavegowda, Joint.Registrar of Co-operative Society, Bangalore Region, Bangalore register Udaya Souhardha Pattina Co-operative Ltd.,No.735, 5th Cross, 9th Main, 2nd Phase, BSK 1st Stage, Bangalore-50, under section-5 of the Karnataka Souhardha Sahakari Act-1997 and certificate of Registration is issued on 13.02.2004 as per sec 6(2) of the said Act. Sd. Joint.Registrar of Cooperative Society, Bangalore Region, Bangalore. 13. We have also carefully perused the cause title in the assessment order and in the cause title of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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