2021 (10) TMI 1413

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....r writ in the nature of certiorari quashing the assessment order passed u/s 143(3) of the IT Act, by the respondent-2 for the assessment period 2017-18 at ANNEXURE-E bearing Order No. ITBA/AST/S143(3) 2019- 20/1016586627(1) dated 28/06/2019 in so far as the petitioner is concerned. b) Issue Writ of certiorari or writ in the nature of certiorari quashing the demand issued u/s 156 of the IT Act, by the respondent-2 for the assessment period 2017-18 at Annexure-G bearing order No.ITBA/AST/S/156/2019-20/1016586677(1), dated 28/06/2019 in so far as the petitioner is concerned. c) Issue Writ of declaration or writ in the nature of declaration declaring that the petitioner is the cooperative society as per Clause 2(e) of the Karn....

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....rned counsel for the petitioner submits that the main issue in controversy involved in the present petition is whether the petitioner, which is a Souharda Sahakari Niyamitha, a Society registered under the Karnataka Souharda Sahakari Act, 1997 (for short "the said Act, 1997") is a Co-operative Society within the meaning of the Section 2(19) of the Income Tax Act, 1961 (for short, "the IT Act, 1961"), so as to enable the petitioner to seek exemption under Section 80-P of the said Act. It is submitted that this issue is directly and squarely covered by the decision of a Co-ordinate Bench of this Court in the case of M/s. Swabhimani Souharda Credit Co-operative Ltd., Vs. Government of India (W.P.No.48414/2018 C/W W.P.No.14381/2019 dated 16.01.....

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....a Souharda Sahakari Act, 1997 fit into the definition of "cooperative society" as enacted in sec. 2(19) of the Income Tax Act, 1961 and therefore subject to all just exceptions, petitioners are entitled to stake their claim for the benefit of sec. 80P of the said Act; a Writ of Certiorari issues quashing the impugned notice dated 30.03.2018 at Annexure-D in W.P.No.48414/2018; other legal consequences accordingly do follow." A perusal of the aforesaid decision of this Court clearly indicates that this Court has made it clear that all entities registered under the said Act of 1997 are Cooperative Societies within the meaning of Section 2(19) of the IT Act, 1961 and that they would be entitled to stake their claim for exemption under Sectio....