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2022 (4) TMI 317 - ITAT COCHINExemption u/s 80P(2)(a)(vi) - assessee, Indian Coffee Board Workers Co-Op Society is a co-opertive society which is running restaurants in the name and style of Indian Coffee House - HELD THAT:- Objective of the assessee is to conduct coffee houses and restaurants for employment of the workers retrenched from the Coffee Board and the members of the society - after examining the bylaws he also confirmed that the society itself is constituted by the workers for their own mutual benefit and they themselves do the work and run the coffee house. Revenue has not been able to produce any evidence to dislodge this finding. That would not in any way violate the objective of the society. CIT(A) gives a finding that no other person is employed in the society and the income is wholly derived from the collective disposal of labour of its members only. Even this finding has not been dislodged nor any evidence produced to the contrary. CIT(A) mentions that the requirements of the proviso to Section 80P(2)(a)(vi) are also satisfied in the case of the appellant society because the voting rights are confined to the individuals who contribute their labour. Here the bylaws show that the society was constituted by the workers for their mutual benefit consisting of the workers who were retrenched from the Coffee Board and the members of the society. We are of the view that the findings of the learned CIT(A) in directing the AO to grant deduction under Section 80P(2)(a)(vi) of the Act is clearly in line with the facts and calls for no interference. - Decided against revenue.
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