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2015 (11) TMI 1778

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..... ertion of sub.sec (4) to sec. 80P w.e.f 1.4.2007 cooperative banks were not entitled to get the benefit of deduction u/s 80P(2)(i)(a) - HELD THAT:- CIT(A) has followed the various orders of the Cochin Bench of the Tribunal in the cases of M/s Kunnamangalam Co-operative Bank vs Income Tax Officer, ward 2(3) Calicut [ 2014 (10) TMI 350 - ITAT COCHIN] for the assessment year 2009-10 and M/s Pinarayi .....

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..... instance of the assessee, is directed against the CIT(A) s order dated 20.3.2015. The relevant assessment year is 2010-11. 2 The assessee has raised 14 rounds of appeals. Ground nos 1 to 12 relate to denial of benefit u/s 80P(2)(i)(a) of the Act. 3 Briefly stated facts of the case are as follows: The assessee is a cooperative society mainly engaged in banking busines .....

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..... Service Cooperative Bank Ltd vs ITO and denied the benefit of deduction u/s 80P of the Act. The relevant findings of the CIT(A) reads as under: 5 The first common ground of appeal is against disallowance of deduction claimed u/s 80P of the Act. I have considered the submission of the ld counsel. The issue raised by the appellant with regard to disallowance of deduction u/s 80P of the A .....

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..... bmitted that the Hon ble Karnataka High Court in the recent judgment in the case of Laxmi Credit Souhard Sahakari Ltd (copy of gist of the judgment without any citation was on record) has held that determination whether it is a Co-operative bank or Co-operative society rests with the RBI certification and in the absence of RBI certificate, the assessee should be held to be a cooperative society, e .....

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..... dictional High Court. Therefore, we uphold the order of the CIT(A) on this issue. 7 As regards the ground nos 12 to 14, no specific arguments were raised by the ld counsel for the assessee in the course of hearing of this appeal and hence, these grounds are also rejected. 9 In the result, the appeal filed by the assessee is dismissed. Order pronounced in the open Cour .....

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