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TMI Blog2018 (12) TMI 1926X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee relate to the assessment years 2012-13 & 2014-15. Since some common issue is raised in these appeals, I am, therefore, proceeding to dispose them off by this consolidated order for the sake of convenience. ITA No. 559/PUN/2018-A.Y. 2012-13 : 2. The only issue raised in this appeal is against denial of deduction u/s.80P of the Income-tax Act, 1961 (hereinafter also called as 'the Act') ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he nationalized banks is eligible for deduction u/s 80P of the Act? The Pune Bench of the Tribunal in the case of Shri Laxmi Narayan Nagari Sahakari Pat Sanstha Maryadit Vs. ITO (ITA No.604/PN/2014) has allowed deduction u/s 80P of the Act in similar circumstances vide its order dated 19-08-2015. In that case, the Pune Bench discussed the contrary views expressed by the Hon'ble Karnataka High Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... chants Souharda Credit Cooperative Ltd. (supra). In the absence of their being any change in the legal position prevailing on this issue after the passing of the order by the Pune Bench of the Tribunal in Shri Laxmi Narayan Nagari Sahakari Pat Sanstha Maryadit (supra) and a host of other orders reiterating the similar view, respectfully following the precedent, I overturn the impugned order in not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion to Pigmy agents. On being called upon to explain as to whether any deduction of tax at source was made, the assessee furnished a copy of certificate issued by ITO (TDS) permitting non-deduction of tax at source on such commission payment to the extent of Rs. 5,80,000/-. The AO found that small amounts totalling to Rs. 28,405/- were paid as commission to six persons, which did not attract tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT(A). Since this matter has not been examined by the ld. CIT(A) on merits, I am of the considered opinion that it would be in the fitness of things if the ld. CIT(A) is directed to examine the assessee's case on this issue. Needless to say, the assessee will be allowed reasonable opportunity of hearing. 10. In the result, the appeal for A.Y. 2012-13 is allowed and that for the A.Y.2014-15 is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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