2006 (9) TMI 144

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....ivered by R. BALASUBRAMANIAN J.- All the appeals stand admitted on the following question of law: "Whether, on the facts and circumstances of the case, the Tribunal was right in holding that the assessee-co-operative society is engaged in the 'collective disposal of the labour of its members' and eligible as per section 80P(2)(a)(vi)?" Heard Mr. J. Narayanaswamy, learned counsel appearing....

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.... of the labour of its members." The proviso to sub-section (2)(a) to section 80P as hereunder: "Provided that in the case of a co-operative society falling under sub-clause (vi), or sub-clause (vii), the rules and bye-laws of the society restrict the voting rights to the following classes of its members, namely: (1) the individuals, who contribute their labour or, as the case may be, carr....

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....sub-clause (iii) of sub-section (2)(a) of section 80P came up for consideration. Sub-clause (iii) reads as hereunder: "the marketing of the agricultural produce of its members." The Supreme Court in that judgment held that the word "members" includes not only individual member but also others. But however, the Revenue counsel argued before us that, the proviso extracted above, is referable o....