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TMI Blog2021 (12) TMI 565X X X X Extracts X X X X X X X X Extracts X X X X ..... .V.P.NARAYANAN RESPONDENT: SRI.JOSE JOSEPH, SC, FOR INCOME TAX JUDGMENT Bechu Kurian Thomas, J. Appellant is a co-operative society. The questions raised for consideration in this appeal arise from the assessment year 2008-09 and are as follows :- "(a). TDS was not applied on rent payments made totalling Rs. 1,81,247/- and the latter amount had not been disallowed and assessed under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was a society engaged in the collective disposal of labour of its members, thereby satisfying Section 80P(2)(a) (vi) of the Act. Dissatisfied with the order of the First Appellate Authority, the department preferred a 2nd appeal before the Income Tax Appellate Tribunal, Cochin. After considering the contentions raised, the Tribunal held that the issue relating to eligibility of the assessee for d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 80P(2)(a) (vi) of the Act. 4. As per Section 80P(2)(a)(vi) of the Act, if the gross total income of a co-operative society engaged in the collective disposal of the labour of its members, includes any income from such collective disposal of the labour of its members, then, while computing the total income of the assessee, the whole of the amount of profits and gains of business, at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the case and on the other hand, as a final fact finding authority Tribunal itself could have appreciated the facts by itself. The assessment relates to the assessment year 2008-09 and at this distance of time, it is not in the interests of all to remand it to the assessing officer. In view of the above, we set aside the order of the Tribunal in ITA.No.590/Coch./2011 dated 12.04.2013 and remand ..... X X X X Extracts X X X X X X X X Extracts X X X X
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