2021 (10) TMI 164 - AT - Income Tax

Tribunal sets aside CIT(A) order, directs fresh examination of deduction eligibility under section 80P.

The Tribunal allowed the appeal by the assessee for statistical purposes, setting aside the CIT(A) order and directing a fresh examination of the ... Eligibility to deduction u/s.80P - Claimed denied on the ground that the society had nominal members and hence the principle of mutuality is not satisfied - HELD THAT:- As relying on Swabhimani Souharda Credit Co-operative Ltd. 2020 (1) TMI 831 - KARNATAKA HIGH COURT] we are of the view that the claim of the Assessee for deduction u/s.80P of the Act has to be examined afresh by the CIT(A). The CIT(A) did not go into the question regarding eligibility of Assessee to deduction u/s.80P on merits but dismissed on the prelimnary point that a co-operative registered under the souhardha sahakari Act, 1997 cannot be regarded as a co-operative society under the Act. The order of the CIT(A) is accordingly set aside with a direction to the CIT(A) will decide the issue on merits in accordance with law - Appeal by the assessee is treated as allowed for statistical purpose. Issues:1. Denial of deduction under section 80P(2)(a)(i) of the Income Tax Act, 1961.2. Denial of deduction under section 80P(2)(a)(d) of the Act.3. Interpretation of the term 'co-operative society' under Sec.2(19) of the Act.Issue 1: Denial of deduction under section 80P(2)(a)(i) of the Income Tax Act, 1961:The assessee, a souharda credit co-operative, filed a return of income for AY 2015-16, claiming deduction under section 80P(2)(a)(i) of the Act. The AO denied the deduction, citing the society's nominal members, and referenced a Supreme Court decision. The CIT(A) upheld the denial based on the society not being a co-operative society under the Act. The Tribunal noted the definition of 'co-operative society' under Sec.2(19) and a Karnataka High Court judgment, concluding that entities under the Karnataka Souharda Sahakari Act, 1997, qualify as co-operative societies. The Tribunal set aside the CIT(A) order, directing a fresh examination of the deduction eligibility on merits.Issue 2: Denial of deduction under section 80P(2)(a)(d) of the Act:The AO also denied the deduction claimed by the assessee on interest income from investments with banks under section 80P(2)(a)(d) of the Act. The AO contended that interest from co-operative banks was ineligible for the deduction. The CIT(A) did not address the merits but dismissed the claim based on the society not being a co-operative society under the Act. The Tribunal's decision to reassess the deduction eligibility under section 80P(2)(a)(i) would also impact the determination of this deduction.Issue 3: Interpretation of the term 'co-operative society' under Sec.2(19) of the Act:The Tribunal extensively analyzed the definition of 'co-operative society' under Sec.2(19) of the Act, emphasizing the broad interpretation needed for legislative entries. Referring to the Karnataka Souharda Sahakari Act, 1997, and the Karnataka Co-operative Societies Act, 1959, the Tribunal highlighted the similarities in their objectives and functions. The Tribunal cited a Karnataka High Court judgment, declaring entities under the Souharda Sahakari Act as co-operative societies under the Act. This interpretation influenced the reassessment of the assessee's eligibility for deductions under section 80P of the Act.In conclusion, the Tribunal allowed the appeal by the assessee for statistical purposes, setting aside the CIT(A) order and directing a fresh examination of the deduction eligibility under section 80P of the Income Tax Act, 1961, based on the entity's classification as a co-operative society under the relevant Acts.