2015 (10) TMI 1428

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....spondent : Shri Dinesh Singh, Sr. DR. ORDER G. D. Agrawal (Vice-President).- This is an appeal filed by the assessee and is directed against the order of the learned Commissioner of Income-tax (Appeals)-XX, Ahmedabad dated December 13, 2010, pertaining to the assessment year 2007-08. 2. The only ground raised in this appeal by the assessee reads as under : The learned Commissi....

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....the orders of the authorities below and submitted that the hon'ble jurisdictional High Court only says that the exclusion clause of sub-section (4) of section 80P would be applicable to the co-operative bank and not to a credit co-operative society. He submitted that the learned Commissioner of Income-tax (Appeals) has examined this aspect in detail and after considering the definition of co-o....

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....y considered the arguments of both sides and perused the material placed before us. We find that the Assessing Officer denied exemption under section 80P to the assessee on the ground that as per sub-section (4) of section 80P, the provision of section 80P is not applicable in relation to any co-operative bank other than a primary agricultural credit society or a primary co-operative agricultural ....

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....oner of Income-tax (Appeals), of course, has dealt with on this, but he has not allowed any specific opportunity to the assessee so as to point out how the assessee is not a co-operative bank. In our opinion, it would meet the ends of justice if the orders of the authorities below are set aside and the matter is restored back to the file of the Assessing Officer for re-examination in the light of ....