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TMI Blog2020 (1) TMI 958X X X X Extracts X X X X X X X X Extracts X X X X ..... idated order. 2. None appeared on behalf of the assessee nor any adjournment letter was filed before the Tribunal. However, I proceed to dispose of the appeals ex parte after hearing the Ld. DR. The brief facts of the case are as follow: 3. The assessee is a co-operative society registered under the Kerala Co-operative Societies Act, 1969. For the assessment years 2011-12 to 2014-15, the returns of income were filed, claiming deduction u/s 80P of the I.T.Act. The Assessing Officer passed assessment orders u/s 143(3) of the I.T.Act for AYs 2011-12 to 2014-15, disallowing the claim of deduction u/s 80P of the I.T.Act. The reasoning of the Assessing Officer to disallow the claim of deduction u/s 80P(2) of the I.T.Act was that the assessee w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee u/s 80P(2) of the I.T.Act for the assessment years under consideration. 6. Aggrieved by the orders of the CIT(A), the assessee has filed these appeals before the Tribunal raising the following common grounds:- 1. The order under section 154 read with section 250 of the Act is against law facts and circumstances of the case. 2. The first appellate authority ought to have decided the case on just and equitable grounds. 3. Rectification of 'mistake apparent from records' under section 154 is not warranted in this case. 4. The first appellate authority ought to have granted sufficient time on considering the adjournment petition. 5. Since the income of the Society is eligible for deduction under section 80P(2)(a)(i) of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee society to determine the eligibility of deduction u/s 80P of the I.T.Act. It was held by the Hon'ble High Court that the Assessing Officer is not bound by the registration certificate issued by the Registrar of Kerala Co-operative Society classifying the assessee-society as a co-operative society. The Hon'ble High Court held that each assessment year is separate and eligibility shall be verified by the Assessing Officer for each of the assessment years. The finding of the Larger Bench of the Hon'ble High Court reads as follows:- "33. In view of the law laid down by the Apex Court in Citizen Co-operative Society [397 ITR 1] it cannot be contended that, while considering the claim made by an assessee society for deduction under Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at, Primary Agricultural Credit Societies registered as such under the KCS Act and classified so, under the Act, including the appellants are entitled to such exemption. 34. In Chirakkal [384 ITR 490] the Division Bench expressed a divergent opinion, without noticing the law laid down in Antony Pattukulangara [2012 (3) KHC 726] and Perinthalmanna [363 ITR 268]. Moreover, the law laid down by the Division Bench in Chirakkal [384 ITR 490] is not good law, since, in view of the law laid down by the Apex Court in Citizen Co-operative Society [397 ITR 1], on a claim for deduction under Section 80P of the Income Tax Act, by reason of sub-section (4) thereof, the Assessing Officer has to conduct an enquiry into the factual situation as to the ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IT (supra) had held that the A.O. has to conduct an inquiry into the factual situation as to the activities of the assessee society to determine the eligibility of deduction u/s 80P of the I.T.Act. In view of the dictum laid down by the Full Bench of the Hon'ble jurisdictional High Court (supra), I restore the issue of deduction u/s 80P(2) to the files of the Assessing Officer. The Assessing Officer shall examine the activities of the assessee and determine whether the activities are in compliance with the activities of a co-operative society functioning under the Kerala Co-operative Societies Act, 1969 and accordingly grant deduction u/s 80P(2) of the I.T.Act. 8.2 As regards the interest on the investments with Co-operative Banks and othe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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