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TMI Blog2014 (9) TMI 1280X X X X Extracts X X X X X X X X Extracts X X X X ..... ipur Bench rendered in the case of Kekri Sahakari Bhumi Vikas Bank Ltd. Vs ITO [ 2012 (6) TMI 407 - ITAT JAIPUR] a copy of which has been filed on record. We have carefully treaded through this order. In that case the facts indicated that it was involved in lending activities and, therefore, the matter was restored back to the file of ld. CIT(A). Therefore, no specific ratio decidendi is revealed from this order. To the contrary, apart from assessee s own case orders in other similar cases passed by this very Bench are available. In the case of Jodhpur Sahakari Bhoomi Vikas Bank Ltd., Mandore Road, Jodhpur Vs ITO [ 2014 (8) TMI 1238 - ITAT JODHPUR] the view favourable to the assessee has been taken. In assessee s own case for other yea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me (ROI) declaring NIL income after claiming deduction of Rs. 4,03,6,695/- u/s 80P(2)(a)(i) of the Income Tax Act, 1961, the Act for short. In the past, the assessee claimed and got similar deduction even in assessment orders framed u/s 143(3) of the Act. However, the A.O. has treated the assessee society as a Agricultural Rural Development Bank and after applying Explanation appended to Section 80P(4) of the Act has disallowed deduction of Rs. 40,36,695/- claimed, as exempt u/s 80P(2)(a)(i) of the Act. 2.1 Aggrieved, the assessee preferred appeal and ld. CIT(A) has deleted the impugned addition by following the principle of consistency and same order of Jodhpur Bench and others. The revenue being aggrieved has filed this appeal by rai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a copy of which has been filed on record. We have carefully treaded through this order. In that case the facts indicated that it was involved in lending activities and, therefore, the matter was restored back to the file of ld. CIT(A). Therefore, no specific ratio decidendi is revealed from this order. To the contrary, apart from assessee s own case orders in other similar cases passed by this very Bench are available. In the case of Jodhpur Sahakari Bhoomi Vikas Bank Ltd., Mandore Road, Jodhpur Vs ITO in ITA No. 78/Jodh/2014 A.Y. 2009-10, order dated 05.08.2014, (copy on record), the view favourable to the assessee has been taken. In assessee s own case for other years the A.O. himself has allowed similar claim. Accordingly, we allow asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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