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2014 (9) TMI 1280 - ITAT JODHPURDeduction u/s 80P(2)(a)(i) - assessee, is a Co-operative Credit Society in terms of Banking Regulation Act, 1949, and is engaged in providing credit facilities to its members - AO has treated the assessee society as a Agricultural Rural Development Bank and after applying Explanation appended to Section 80P(4) has disallowed deduction claimed, as exempt u/s 80P(2)(a)(i) - HELD THAT:- D.R. has relied on the order of Jaipur Bench rendered in the case of Kekri Sahakari Bhumi Vikas Bank Ltd. Vs ITO [2012 (6) TMI 407 - ITAT JAIPUR] a copy of which has been filed on record. We have carefully treaded through this order. In that case the facts indicated that it was involved in lending activities and, therefore, the matter was restored back to the file of ld. CIT(A). Therefore, no specific ratio decidendi is revealed from this order. To the contrary, apart from assessee’s own case orders in other similar cases passed by this very Bench are available. In the case of Jodhpur Sahakari Bhoomi Vikas Bank Ltd., Mandore Road, Jodhpur Vs ITO [2014 (8) TMI 1238 - ITAT JODHPUR] the view favourable to the assessee has been taken. In assessee’s own case for other years the A.O. himself has allowed similar claim. Accordingly, we allow assessee’s claim, by following our earlier orders and in the consistency of finding by the A.O. and dismiss revenue’s appeal.
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