AI Drafter 
TaxTMI 
TaxTMI 
2020 (5) TMI 112
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....0 of the Income Tax Act for AY 2016-2017 in so far as it is against the Appellant is opposed to law, weight of evidence, natural justice, probabilities, facts and circumstances of the Appellant's case. 2. The appellant denies itself liable to be assessed total income of Rs. 41,77,576/- as against returned income of Rs. 4,43,300/- on the facts and circumstances of the case. 3. The learned CIT(A) was not justified in law in confirming the disallowance of Rs. 37,34,296/- under the provision of section 80P(2)(a)(i) of the Act on the facts and circumstances of the case. 4. The learned CIT(A) was not justified in holding that the appellant was registered as a Co-operative and not as a Cooperative society, which is an in....
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.... and hence the order passed was bad in law, on the facts and circumstances of the case. 9. The learned CIT(A) was not justified in law and on facts in not following a binding decision of the jurisdictional Tribunal, which was rendered subsequent to the decision relied upon by the CIT(A), without appreciating the reasoning arrived at in the decision, on the facts and circumstances of the case. 10. The findings of the learned Commissioner of Income-tax (Appeals) in the order passed are not in accordance with the law and consequently the order is required to be quashed on the facts and circumstances of the case. 11. The appellant denies the liability to pay interest under section 234B and 234C of the Act, in view of ....
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....a Federal Co-operative limited, Bengaluru, clarifying that Souharda Co-operatives could be regarded as co-operative societies. However, after considering the facts of the case and the submissions of the assessee, the AO completed the assessment, denying the deduction claimed by the assessee u/s 80P(20(a)(i) of the Act to the tune of Rs. 37,34,296 by holding that the assessee was registered under the Karnataka Souharda Act of 1997 under which only co-operatives and co-operative societies were registered. Aggrieved by the order of the Assessing Officer, the assessee carried the matter in appeal before the CIT(A). The CIT(A) confirmed the view taken by the Assessing Officer. Hence, the assessee is in appeal before the Tribunal. 4. After ....
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....1997 and therefore this issue has to be decided by me and cannot be remanded to the AO as was canvassed by the Revenue. 6. I have considered the rival submissions. Sec.2(19) defines cooperative societies for the purpose of the Act and the same is as follows: "Definitions. 2. In this Act, unless the context otherwise requires,- (19) "co-operative society" means a co-operative society registered under the Co-operative Societies Act, 1912 (2 of 1912), or under any other law for the time being in force in any State for the registration of co-operative societies;" 7. As can be seen from the aforesaid definition of 'Co-operative society' under the Act, any co-operative society registered under any othe....
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....ued almost until early 1980s. 9. Keeping this in mind, the Central Government setup a committee under the Chairmanship of Shri Ardhanarishwaran, which submitted its report in 1987. It attributed the failure of the cooperative movement to the ITA No.1234/Bang/2019 Page 5 of 7 excessive interference of the governments. It is also true that the unabated party politics in the cooperative movement is also a big hindrance to its progress. Realizing the vital role of the cooperative movement in the progress of the society, the Central Planning Commission set up a committee by appointing Shri Chaudari Brahmaprakash as its head & with a task of drafting a 'Model Cooperative Act' which will prevent interference of the governments. This commi....
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....public of India as follows:- " 10. The Souharda Cooperatives enjoy functional autonomy in design and implementation of their Business plans, customer service activities, etc., based on the needs of their members. Unlike other forms of cooperatives in India, the interference of State / Central in day-to-day operations of Souharda Cooperatives is almost minimal. 11. The above discussion would show that souharda co-operatives are also one form of co-operative societies registered under a law in force in the State of Karnataka for registration of co-operative societies. Therefore the conclusion of the revenue authorities that co-operative societies and co-operatives are different and that co-operative registered as So....