2021 (10) TMI 408 - AT - Income Tax

Co-op credit society qualifies for tax deduction under Sec 80P(2)(a)(i)

ACIT-27 (3), Navi Mumbai Versus M/s The Bharat Petroleum Corporation Limited

The Tribunal upheld the CIT(A)'s decision that the assessee, classified as a co-operative credit society and not a co-operative bank, was entitled to a ... Deduction u/s 80P(2)(a)(i) - HELD THAT:- The entitlement of the assessee for claim of deduction u/s 80P(2)(a)(i) remains the same as were there before the Tribunal in the aforesaid case of the assessee for A.Y. 2010-11 [2015 (4) TMI 1055 - ITAT MUMBAI] therefore, finding no reason much the less any justification for taking a different view we respectfully follow the same. Accordingly, we herein finding no infirmity in the view taken by the CIT(A) uphold his order. The Grounds of appeal Nos. (i) and (ii) are dismissed. Issues Involved:1. Applicability of Section 80P(4) of the Income Tax Act to the assessee.2. Definition and classification of the assessee as a 'co-operative bank' under Part V of the Banking Regulation Act, 1949.3. Entitlement of the assessee for deduction under Section 80P(2)(a)(i) of the Income Tax Act.Issue-wise Detailed Analysis:1. Applicability of Section 80P(4) of the Income Tax Act to the Assessee:The revenue challenged the CIT(A)'s decision to delete the disallowance of Rs. 1,36,39,920/- under Section 80P, arguing that the assessee falls within the definition of a 'co-operative bank' and thus should be subject to Section 80P(4). The CIT(A) observed that the assessee did not meet the conditions of Section 5(ccv) of the Banking Regulation Act, 1949, and was instead a co-operative credit society catering exclusively to employees of Bharat Petroleum Corporation Ltd. (BPCL). Consequently, the CIT(A) concluded that Section 80P(4) did not apply, and the assessee was entitled to the deduction.2. Definition and Classification of the Assessee as a 'Co-operative Bank':The CIT(A) determined that the assessee did not qualify as a 'co-operative bank' under Part V of the Banking Regulation Act, 1949. The CIT(A) noted that the assessee's activities were limited to providing credit facilities to BPCL employees, classifying it as a co-operative credit society under Section 5(ccii) of the Banking Regulation Act, 1949. This classification excluded the assessee from the purview of Section 80P(4), which applies to co-operative banks.3. Entitlement of the Assessee for Deduction under Section 80P(2)(a)(i):The Tribunal upheld the CIT(A)'s decision, relying on its previous ruling in the assessee's case for A.Y. 2010-11, where it was established that the assessee was entitled to the deduction under Section 80P(2)(a)(i). The Tribunal noted that the assessee, being a co-operative society providing credit facilities to its members, did not fall under the exclusionary provisions of Section 80P(4). The Tribunal referenced judicial precedents, including the Hon'ble Gujarat High Court's decision in CIT vs. Jafari Momin Vikas Co. Op. Credit Society Ltd. and the Hon'ble Karnataka High Court's decision in CIT vs. Sri Biluru Gurubasava Pattina Sahakari Sangha Niyamitha, which supported the view that co-operative credit societies are entitled to deductions under Section 80P(2)(a)(i).Conclusion:The Tribunal dismissed the revenue's appeal, affirming the CIT(A)'s order that the assessee, being a co-operative credit society and not a co-operative bank, was entitled to the deduction under Section 80P(2)(a)(i). The Tribunal found no justification to deviate from its earlier decision in the assessee's case for A.Y. 2010-11 and upheld the CIT(A)'s view that Section 80P(4) did not apply to the assessee. The revenue's grounds of appeal were dismissed, and the order was pronounced in the open court on 01.10.2021.