Cochin ITAT dismisses
Revenue’s appeal against CIT(A) order allowing deduction u/s 80P to assessee
(primary agricultural co-operative society), distinguishes SC ruling in
Citizens Co-operative Society; Notes that SC had denied deduction u/s 80P to
assessee therein as its activities were in violation of the Provisions of
the Mutually Aided Cooperative Societies Act, 1995 (MACSA) under which it was
formed and substantial deposits were from `nominal members’ who were
actually non-members as per the relevant provisions; Observes that definition
of a 'member' as provided in Sec 2(1) of the Kerala Cooperative Societies Act
includes ‘nominal member’, holds that “deposits from such nominal members
cannot be considered or treated as from the non-members or from public as was
noted by the aforementioned SC ruling’; Also Refers to SC ruling in U.P.
Co-operative Cane Union which had held that the term ‘member’ u/s 80P(2) has to
be construed in terms definition under State cooperative law; Relies on
jurisdictional HC ruling in Chirakkal Service Co-operative Bank Limited &
Ors., wherein it was held that a primary agricultural credit Society registered
as such under the Kerala Co-operative Societies Act, 1969 is entitled to the
benefit of deduction u/s 80P(2); Holds that AO is not competent to decide issue
whether assessee is a primary co-operative society or a co-operative bank,
notes that RBI has issued letter to societies similar to assessee stating
that they are primary agricultural credit societies and thus, rejects AO’s
contention that assessee is not entitled to deduction in view of provisions of
Sec. 80P(4) (denying benefit to co-operative bank):ITAT
Subscribe to:
Post Comments (Atom)
Identifying a Drafting Error in GST Amnesty Provisions
Provision Regarding Amnesty Scheme Section 128A was introduced into the Central Goods and Services Tax (CGST) Act by the Finance Act, 2024,...
-
In this article, for the benefit of our reader’s we have come up with detailed FAQ on procedures of issuance, requirement of Form 15CA an...
-
1. Situation I. Tax Department Summons An employee received a summons from the tax department demanding an explanation for failing to discl...
-
Particulars in Part 1 and Part 2 of Step-2 of registration form are required to be exactly the same as reported in the TDS statement. Plea...
-
In this post, I will discuss Secretarial Standards related to Proxies under SS – 2. Right to Appoint: A Member entitled to attend and ...
-
Many of us rely on home loans to purchase residential property, but are you fully aware of how tax laws impact your financial strategy? Unde...
-
Summary of the relevant updates is provided below for ease of your reference: A) Proposals relating to GST law, Compliances an...
-
Particulars Singapore Hong Kong Corporate Tax rate 17% 16.5%. Numb...
-
The circular of the Board dt. 28.06.1965 No. 17 (XL-36), provides for inspection fees and fees for certified copies of assessment and...
-
The posting had been move to another website. Please click the link below to get the access of the same. https://taxofindia.wordpress....
No comments:
Post a Comment