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TMI Blog2019 (1) TMI 463X X X X Extracts X X X X X X X X Extracts X X X X ..... VICE PRESIDENT This is an appeal by the assessee against the order dated 27/9/2018 of CIT(A), Davangere relating to asst. year 2014-15. 2. The grounds of appeal raised by the assessee reads as follows:- 1) That Order of the Hon ble Commissioner of Income (Appeals) Davangere is opposed to the law and *facts and circumstances of the case. 2) That the Learned CIT (Appeals) Davangere is not justified in rejecting grounds summarily which is opposed to the principles of Natural Justice. 3) That the Learned CIT (Appeals) Davangere has erred in upholding the disallowance of ₹ 19,24,014/- U/s 80(2)(A)(1) without appreciating the legal provisions as applicable. 4) That the Learned CIT (Appeals) Davangere has erred in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se of Udaya Souharda Credit Cooperative 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 the sake of reference. 7. Having carefully examined the orders of authroites below in the light of rival submissions, we find that while adjudicating the issue of claim of deduction under section 80P(2) of the Act, the AO confined himself to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 Co-operative 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 Cooperative Societies Act, the Co-operative Societies are registered and under the Karnataka Souharda Sahakari Act, only Co-operatives are registered. The object of introducing the Karnataka Souharda Sahakari Act has been given in Act 17/2000, Amending ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... registered or deemed to be registered, the certificate of registration duly signed and sealed by the Registrar shall be conclusive evidence that the Cooperative 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 Co-operative, the registration of such Co-operative society under the Karnataka Co-operative Societies Act, 1959, shall be cancelled by the Registrar with effect from the date of issue of certificate of registration under this Act. 11. Similarly, if the co-operatives intend to conver ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aya Souhardha Pattina Co-operative Ltd. ,No.735, 5th Cross, 9th Main, 2nd Phase, BSK 1st Stage, Bangalore-50, under sect ion-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 the assessment order, we find that assessment order was passed in the name of Udaya Souharda Credit Cooperative Society Ltd., whereas no certificate of registration was placed before us in the name of Udaya Souhardha Credit Co-operative Society ltd. Therefore, we are unable to under ..... X X X X Extracts X X X X X X X X Extracts X X X X
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