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2014 (5) TMI 556 - AT - Income TaxDenial of claim of deduction u/s 80P(2)(a)(i) of the Act – Restriction of deduction u/s 80P(2)(c)(ii) of the Act – Held that:- once the ‘nominal’ members or non-voting members are themselves included in the definition of ‘members’, they satisfy the relevant condition imposed by the legislature u/s 80P(2)(a)(i) - the objections of the Revenue that the ‘members’ defined in sub-clause(i) of section 80P(2) should only include voting members would amount to a classification within classification which is beyond the purview of tax statute, unless provided specifically by the legislature – Relying upon CIT vs Punjab State Co-operative bank Ltd [2008 (3) TMI 45 - HIGH COURT PUNJAB AND HARYANA] - under the provision that for the purpose of deduction, it is irrelevant so far as classification of the members in ‘A’ or ‘B’ category is concerned – Decided partly in favour of Assessee.
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