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of <h1>Tribunal rules in favor of assessee on tax deductions</h1> <h3>Assistant Commissioner of Income Tax And The Banaskantha Dist. Co. Op. Milk Producers Union Ltd., Palanpur Versus Joint Commissioner of Income Tax And The Banaskantha Dist. Co. Op. Milk Producers Union Ltd.</h3> The Tribunal ruled in favor of the assessee regarding the deduction under section 80P(2)(c) of the I.T. Act, allowing the claimed deduction of Rs. 50,000. ... - Issues Involved:1. Deduction u/s 80P(2)(c) of the I.T. Act.2. Deduction of interest and dividend u/s 80P(2)(d) of the I.T. Act.3. Application of Rule 8D read with section 14A.4. Deduction u/s 80IB for Cattle Feed Plant.5. Deduction u/s 80IB for Banas-II Dairy Unit.Summary:Issue 1: Deduction u/s 80P(2)(c) of the I.T. ActThe Department contended that the assessee's claim of Rs. 50,000/- deduction u/s 80P(2)(c) was incorrect as the assessee falls under section 80P(2)(b). The Tribunal, however, concluded that the assessee is not a primary cooperative society engaged in supplying milk, oil seeds, fruits, or vegetables raised or grown by its members. Therefore, the assessee falls under section 80P(2)(c) and is entitled to the deduction of Rs. 50,000/-. The Department's ground of appeal was rejected.Issue 2: Deduction of interest and dividend u/s 80P(2)(d) of the I.T. ActThe Tribunal upheld the decision of the CIT(A) allowing the deduction of interest of Rs. 1,86,68,641/- and dividend of Rs. 62,99,641/- u/s 80P(2)(d). The CIT(A) followed the Tribunal's earlier decisions in the assessee's own case for previous assessment years and noted that the A.O. did not prove that investments were made out of borrowed funds. The Department's ground of appeal was rejected.Issue 3: Application of Rule 8D read with section 14AThe assessee contested the application of Rule 8D read with section 14A, arguing that no expenses were incurred to earn the dividend income. The Tribunal did not provide a detailed ruling on this issue within the provided text.Issue 4: Deduction u/s 80IB for Cattle Feed PlantThe Tribunal restored the issue to the file of the A.O., directing the assessee to furnish necessary information, including an auditor's certificate if required, for computing eligible profit. The A.O. was instructed to adjudicate the issue afresh, following the Tribunal's directions from the assessment year 2004-05.Issue 5: Deduction u/s 80IB for Banas-II Dairy UnitThe Tribunal noted that the CIT(A) dismissed the additional ground for deduction u/s 80IB for Banas-II Dairy Unit due to discrepancies in the audit reports and the timing of the claim. The Tribunal restored the matter to the A.O. to examine the audit report and the initial year of the unit's setup, considering the Tribunal's decision for the assessment year 2004-05. The A.O. was directed to allow the deduction if the conditions were met.Conclusion:The appeal of the Department was dismissed, and the appeal of the assessee was allowed in part. The Order was pronounced in the Court on 26.02.2010.
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