TaxTMI 
TaxTMI 
2023 (1) TMI 614
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....al Faceless Appeal Centre, Delhi ['learned CIT(A)'], for the assessment years 2014-15, 2015-16 and 2017-18. 2. Since these appeals pertain to the same assessee and the issues involved are also identical, therefore, as a matter of convenience, these appeals were heard together and are being disposed off by way of this consolidated order. With the consent of the parties, the Revenue's appeal for the assessment year 2014-15 is taken up as a lead case and the decision rendered therein would apply mutatis mutandis to other appeals. 3. In all these appeals, the Revenue has raised similar grounds of appeal. For reference, the grounds of appeal raised by the Revenue in ITA No. 2686/Mum./2022, for the assessment 2014-15, are as under: "i. Whethe....
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....o submit the note on the justification of the claim of deduction claimed under section 80P in terms of provisions of said section. After considering the submissions of the assessee, the Assessing Officer ('AO') vide order dated 17/12/2016, passed under section 143(3) of the Act held that deduction allowable under section 80P(2)(a)(i) of the Act in the case of a co-operative credit society engaged carrying on the business of banking (co-operative banks) has been withdrawn from the assessment year 2007-08 except in the case of primary agricultural credit society or a primary co-operative agricultural and rural development bank. Further, the AO held that under section 80P(4) of the Act the provisions of the section shall not apply in relation ....
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....while deciding a similar issue in favour of the assessee observed as under: "4. We have carefully perused the orders of the authorities below and the decisions brought to our notice. The Hon'ble Gujarat High Court in the case of CIT vs. Jafari Momin Vikas Co-op. Credit Society Ltd. in ITA Nos. 442 of 2013 with 443 of 2013 and 863 of 2013 held as under: 7. From the above clarification, it can be gathered that sub-section (4) of section 80P will not apply to an assessee which is not a co-operative bank. In the case clarified by CBDT, Delhi Co-op. Urban Thrift & Credit Society Ltd. was under consideration. Circular clarified that the said entity not being a co-operative bank, section 80P(4) of the Act would not apply to it In view of s....