TaxTMI 
TaxTMI 
2020 (5) TMI 376
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.... passed in haste, without providing sufficient and reasonable opportunity of being heard. 3. The order is passed against the principles of natural justice and thus liable to be quashed. 4. The ld.AO erred in disallowing deduction u/s 80P of the Act and the ld.CIT(A) erred in confirming the same. 5. The ld.AO erred in concluding that the appellant is not a co-operative society within the meaning of section 2(19) as it is registered under the Karnataka Souharda Sahakari Act. 6. The ld.AO erred in denying deduction u/s 80P on the premise that the Appellant has appointed Nominal Members and the CIT(A) erred in confirming the same. 7. The ld.AO erred in denying deduction u/s 80P in respect of interest....
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....bunal. 4. After hearing both the parties and perusing the relevant material on record, I find that similar issue came up before the ITAT Bangalore Benches in the case of Siddartha Pattina Souharda Sahakari Niyamitha v. ITO in ITA No.1234/Bang/ 2019, wherein the Tribunal vide its order dated 26.07.2019, remitted the matter to the files of the Assessing Officer for fresh consideration, by observing as under:- "5. I have heard the rival submissions. The learned counsel for the Assessee submitted that Souharda Sahakari registered under the Karnataka Souharda Sahakari Act, 1997 are also co-operative societies within the meaning of Sec.2(19) of the Act and therefore the revenue authorities were not justified in denying the benefit of ....
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....ered under any other law of any State for registration of co-operative society is also regarded as co-operative society under the Act. Souhardas' also operate on the principle of co-operation and adopt the principles of co-operation. Cooperative Societies and Co-operatives are all founded on the principle of cooperation. 8. Since the beginning of mankind the concept of 'co-operation' has been the foundation for harmonious existence In India, the Co-operative Societies Act 1912 regulated formation, management, winding up and other supervision by the Government etc. This Act became the model for the provincial governments to form their own Cooperative Acts. Post- Independence, various state governments framed their own indep....
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.... This committee, after a detailed study of the Cooperative Acts of various states, drafted a 'Model Cooperative Act' in 1991 and Central Government recommended the state governments to adopt this. Accordingly, in 1997 a bill on parallel cooperative act was tabled in the state legislature of Karnataka. Demanding an early approval of this bill by both the houses of Karnataka Legislature, a committee 'Souharda Samvardhana Samithi' under the chairmanship of Justice Rama Jois came into existence. It was due to the combined efforts of Sahakara Bharathi Karnataka and Souharda Samvardhana Samithi, "The Karnataka Souharda Sahakari Act-1997 (KSSA, 1997)" was passed in the legislature. With the consent of The President of India, it was enforced from....