This is a summary of a tax case dealing with the deduction u/s ...

Construction co-op wins tax case for labor deduction despite procuring materials incidentally.

Case Laws     Income Tax

August 27, 2024

This is a summary of a tax case dealing with the deduction u/s 80P(2)(vi) of the Income Tax Act for income earned by cooperative societies from the collective disposal of labor of their members. The key points are: The assessee cooperative society was engaged in civil works, which primarily involved collective labor services, although materials were also procured incidentally. The dominant purpose was collective disposal of members' labor. Even when bidding for tenders requiring both labor and materials, the focus remained on providing collective labor services competitively. The Tribunal held that the assessee's activities cumulatively fell within the scope of "collective disposal of labor of its members" u/s 80P(2)(a)(vi), entitling it to the deduction. The nature of the broad activity was collective labor services, with material purchases being ancillary. The society earned profits through collective labor sacrifices. The Tribunal distinguished the case from a cited precedent involving toddy business, as the dominating purpose here was collective labor disposal, not procurement and sale of materials. The Revenue's contention about a single member was rejected due to lack of evidence and findings by lower authorities. The Tribunal decided in favor of the assessee.

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