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2021 (10) TMI 164 - AT - Income TaxEligibility to deduction u/s.80P - Claimed denied on the ground that the society had nominal members and hence the principle of mutuality is not satisfied - HELD THAT:- As relying on Swabhimani Souharda Credit Co-operative Ltd. 2020 (1) TMI 831 - KARNATAKA HIGH COURT] we are of the view that the claim of the Assessee for deduction u/s.80P of the Act has to be examined afresh by the CIT(A). The CIT(A) did not go into the question regarding eligibility of Assessee to deduction u/s.80P on merits but dismissed on the prelimnary point that a co-operative registered under the souhardha sahakari Act, 1997 cannot be regarded as a co-operative society under the Act. The order of the CIT(A) is accordingly set aside with a direction to the CIT(A) will decide the issue on merits in accordance with law - Appeal by the assessee is treated as allowed for statistical purpose.
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