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2014 (9) TMI 1138 - AT - Income TaxExemption u/s 80 P (2)(a)(i) eligibility - assessee regarded to be a primary co-operative bank - whether the Assessee is hit by the provisions of Sec. 80P(4) which was introduced in the statute by the Finance Act 2006 w.e.f. 1.4.2007? - Held that -Section 80P(4) clearly excludes primary agriculture credit society from its domain. Therefore this decision will not assist the assessee. As gone through the decision of Pune Bench in the case of ITO vs Jankalyan Nagri Sahakari Pad Sanstha Ltd 2012 (9) TMI 288 - ITAT PUNE . This we have already stated that section 80P(2)(a)(i) nowhere talks of co-operative credit society and therefore the distinction made under the Banking Regulation Act cannot be imported u/s 80P(2)(a)(i). This decision in our opinion will not assist the assessee Also gone through the decision of Tararani Mahila Cooperative Credit Society Ltd 2014 (3) TMI 293 - ITAT PANJI to which the undersigned is the author similar finding as has been given in this are given in that case also. The decision of Karnataka High Court in the case of CIT vs Sri Biluru Gurubasava Pattana Sahakari Sangh Niyamitha 2015 (1) TMI 821 - KARNATAKA HIGH COURT relates to an appeal filed against the order passed u/s 263 and the question involved was whether the Revisional Authority was justified in invoking his power u/s 263 without the foundational fact of the assessee being co-operative bank. Therefore this decision is not applicable. Thus hold that the Assessee has to be regarded to be a primary co-operative bank as all the three basic conditions are not complied with therefore it is a co-operative bank and the provisions of Sec. 80P(4) are applicable in the case of the Assessee and Assessee is not entitled for deduction u/s 80P(2)(a)(i). We therefore confirm the order of the CIT(A) not allowing deduction to the assessee u/s 80P(2)(a)(i) on the income generated for providing banking or credit facilities to its members. - Decided against assessee.
Issues Involved:
1. Applicability of Section 80P(2)(a)(i) of the Income Tax Act, 1961. 2. Definition and classification of the appellant as a "Co-operative Bank" under Section 80P(4) of the Income Tax Act, 1961. 3. Interpretation of the Banking Regulation Act, 1949 concerning cooperative societies. 4. Consideration of relevant case laws and judicial precedents. 5. Examination of the appellant's activities and compliance with statutory requirements. Issue-wise Detailed Analysis: 1. Applicability of Section 80P(2)(a)(i) of the Income Tax Act, 1961: The appellant claimed a deduction under Section 80P(2)(a)(i) for the entire income of Rs. 30,99,595/-. The Assessing Officer (AO) denied this deduction, asserting that the appellant is a primary co-operative bank and thus falls under the purview of Section 80P(4), which excludes co-operative banks from this deduction. The appellant argued that it is a co-operative credit society, not a co-operative bank, and hence eligible for the deduction. The tribunal examined the activities of the appellant and concluded that the appellant is engaged in banking activities, thus not eligible for the deduction under Section 80P(2)(a)(i). 2. Definition and Classification of the Appellant as a "Co-operative Bank" under Section 80P(4) of the Income Tax Act, 1961: The tribunal analyzed whether the appellant meets the criteria of a "primary co-operative bank" as defined under Section 5(ccv) of the Banking Regulation Act, 1949. The three conditions are: - The primary object or principal business is the transaction of banking business. - The paid-up share capital and reserves are not less than Rs. 1 lakh. - The bye-laws do not permit the admission of any other co-operative society as a member. The tribunal found that the appellant met all three conditions, thereby classifying it as a primary co-operative bank, making it ineligible for the deduction under Section 80P(2)(a)(i). 3. Interpretation of the Banking Regulation Act, 1949 Concerning Cooperative Societies: The tribunal referred to the definition of "banking" under Section 5(b) of the Banking Regulation Act, 1949, which involves accepting deposits from the public repayable on demand or otherwise and withdrawable by cheque, draft, or order. The tribunal noted that the appellant accepts deposits from the public, not just its members, and provides banking services, thus engaging in banking business as defined by the Act. 4. Consideration of Relevant Case Laws and Judicial Precedents: The appellant cited various judgments to support its claim, including decisions from the Income Tax Appellate Tribunal (ITAT) and High Courts. The tribunal reviewed these cases but found them inapplicable or distinguishable based on the facts of the appellant's case. Notably, the tribunal referred to the decision of the Hyderabad Bench in the case of The Citizen Co-operative Society vs. Addl. CIT, which held that a society engaged in banking activities is not eligible for deduction under Section 80P(2)(a)(i) after the introduction of Section 80P(4). 5. Examination of the Appellant's Activities and Compliance with Statutory Requirements: The tribunal scrutinized the appellant's bye-laws and activities, confirming that the appellant accepts deposits from the public and provides loans to members and non-members. The appellant's failure to exclusively serve its members and its engagement in public banking activities led the tribunal to classify it as a primary co-operative bank. The tribunal also noted that the appellant's bye-laws do not permit the admission of other co-operative societies as members, fulfilling the third condition of a primary co-operative bank. Conclusion: The tribunal concluded that the appellant is a primary co-operative bank and thus falls under the exclusion provided in Section 80P(4) of the Income Tax Act, 1961. Consequently, the appellant is not entitled to the deduction under Section 80P(2)(a)(i). The appeal filed by the appellant was dismissed, and the order of the CIT(A) was upheld.
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