2022 (11) TMI 1132 - AT - Income Tax
Deduction u/s 80P - profit from the business as regards non-members was not admissible u/s 80P(2)(b) - statement recorded u/s 131 from a Mantri of the assessee co-operative society, wherein as clearly admitted the milk was procured from its members as well as non-members - statement is not recorded from any third party - assessee is also not produced any details about the purchase of milk from non-members - HELD THAT:- Clause b of Section 80P(2) talks about a Co-operative Society to be a primary society engaged in supplying of milk and other goods raised or grown by its members to, a federal co-operative society engaged in the same business or a Government or local authority or a Government company. Thus, the provision clearly prescribes about the procurement of the goods from the Members of the society and not from the non- Members.
As submitted by the D.R. the statement recorded from Shri Karsanbhai S. Bharwad who is the Mantri of the assessee cooperative society and not a third person. Therefore, the case laws relied by the assessee is clearly distinguishable and not applicable to the present facts of the case. The grounds of appeal raised by the assessee are devoid of any merits and against the provisions of Section 80P(2)(b). Therefore, the finding of the lower authorities does not require any interference and appeal filed by the assessee is hereby dismissed.