2013 (8) TMI 1080 - HC - Income Tax

Summary

Issues involved: Interpretation of deductions under Section 80P(2)(a)(i) for a Credit Co-operative Society investing in private or public limited companies.

Summary:
1. The appellant, a Credit Co-operative Society, appealed against the order of the Income Tax Appellate Tribunal which upheld the decision of the Commissioner of Income Tax (Appeals) regarding the assessment for the year 2003-04.

2. The appeal was based on the argument that deductions under Section 80P(2)(a)(i) were not available for investments in private or public limited companies. This issue had been addressed in a previous judgment by the Court, and in line with that decision, the appeal was to be allowed in favor of the appellant.

3. The revenue's contention that there was no evidence of the appellant being a Credit Co-operative Society was dismissed. The Court noted that the appellant's name clearly indicated its nature as a Co-operative Credit Society, registered under the Karnataka Co-operative Societies Act, with the primary objective of advancing loans. Therefore, the appeal was allowed in favor of the appellant, rejecting the revenue's argument.