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2020 (2) TMI 1095

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..... would be entitled for the benefit of Section 80P? - HELD THAT:- As in terms of the order in M/S. SWABHIMANI SOUHARDA CREDIT CO. OPERATIVE LTD [ 2020 (1) TMI 831 - KARNATAKA HIGH COURT] and connected writ petition, the present writ petition is disposed of. Annexure-A, assessment order is quashed. The respondents to pass fresh assessment order treating the petitioner as Co-operative Society, exten .....

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..... essment order dated 11.12.2019 passed by the 3rd respondent bearing Notice No.ITBA/AST/S/156/2019- 20/1022113705(1). In other words, the petitioner is seeking for prayer to treat it as Co-operative on par with Co-operative registered under the Karnataka Cooperative Societies Act, 1959 and to extend the benefit of Section 80P of the 1961 Act. 2. Identical issue had come-up before the Principal B .....

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..... he definition of co-operative society as enacted in Section 2(19) of the Income Tax Act, 1961 and therefore subject to all just exceptions, petitioners are entitled to stake their claim for the benefit of Section 80P of the said Act; a Writ of Certiorari issues quashing the impugned notice dated 30.3.2018 at Annexure-D in WP No.48414/2018; other legal consequences accordingly do follow. It is ne .....

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