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2018 (10) TMI 987 - AT - Income TaxEligibility for deduction u/s 80P - proof of charitable activities - registration under the Karnataka Society Act 1977 - Held that:- Assessee has placed registration certificate dated 28/6/2000 in order to demonstrate that it was registered under the Karnataka Souhardha Sahakari Act 1959 Act as Cooperative Society but side by side AO has categorically observed in its order that assessee has registered under the Karnataka Souhardha Sahakari Act 1977 and in the asst. order assessee itself has admitted that it is covered under Karnataka Souhardha Sahakari Act 1977. The scope of registration under the Karnataka Souhardha Sahakari Act 1977 has been examined by Tribunal in the case of M/s Udaya Souharda Credit Co-operative Society Limited [2018 (8) TMI 1063 - ITAT BANGALORE] in which it has been held that a Society has to be registered under the Karnataka Society Act 1977 as Cooperative society for claiming deduction under 80P of the Act. Matter was to be referred to the AO to examine whether the assessee was registered under the Karnataka Cooperative Souhardha Act or Karnataka Cooperative Society Act to make eligible for deduction under sec. 80P of the Act. In the instant case undisputedly there is a reference of registration No. on the 1st page of bye laws. Therefore it becomes necessary to verify that in what connection the registration No. is mentioned on the first page of bye laws. All these issues requires proper adjudication after making necessary verification. Under these circumstance, we are of the view that the matter should be examined by the AO afresh. - Decided in favour of assessee for statistical purposes.
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