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    <title>2015 (9) TMI 1716 - KARNATAKA HIGH COURT</title>
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    <description>Section 80P(4) withdraws deduction only where a co-operative society answers the statutory definition of a co-operative bank under the Banking Regulation Act, 1949. A society that fails any essential condition for a primary co-operative bank, including the bye-law restriction on admitting other co-operative societies as members, cannot be treated as a co-operative bank, so the deduction under section 80P(2)(a)(i) remains available. The text also notes that where the banking character of a society is disputed, the Banking Regulation Act assigns final determination to the Reserve Bank, and income-tax authorities cannot conclusively override that mechanism. On that basis, the assessee&#039;s deduction was treated as allowable.</description>
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    <pubDate>Mon, 21 Sep 2015 00:00:00 +0530</pubDate>
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      <description>Section 80P(4) withdraws deduction only where a co-operative society answers the statutory definition of a co-operative bank under the Banking Regulation Act, 1949. A society that fails any essential condition for a primary co-operative bank, including the bye-law restriction on admitting other co-operative societies as members, cannot be treated as a co-operative bank, so the deduction under section 80P(2)(a)(i) remains available. The text also notes that where the banking character of a society is disputed, the Banking Regulation Act assigns final determination to the Reserve Bank, and income-tax authorities cannot conclusively override that mechanism. On that basis, the assessee&#039;s deduction was treated as allowable.</description>
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