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2019 (1) TMI 1007 - AT - Income TaxClaim for deduction u/s 80P(2)(a)(i) denied - nominal / associate members numbering 309 was in excess of 15% of the regular members, section 18 of the Karnataka Co-operative Societies Act, 1959 is violated - scope of Karnataka Co-operative Societies Act, 1959 as amended in 2014 - Held that:- CIT(A) has not dealt with the assessee’s contention raised before him that the decision of the Hon’ble Apex Court in Citizen Co-operative Society Ltd., (2017 (8) TMI 536 - SUPREME COURT) is distinguishable as the Karnataka Co-operative Societies Act, 1959 permits a Co-operative Society to admit nominal members and the assessee’s claims that the amendments of 2014 and 2016 to the Karnataka Co-operative Societies Act, 1959 refers only to associate members and therefore would not negatively affect the allowability of the assessee’s claim for deduction u/s 80P(a)(i) of the Act. In these circumstances, as narrated above the authorities below have not examined or considered whether the amendments to section 18 of the Karnataka Co-operative Societies Act, 1959 impacts the claim of deduction u/s 80 - set aside the orders of the authorities below and remand the matter of allowability of the assessee’s claim for deduction u/s 80P of the Act to the file of the AO for denovo examination and consideration and adjudication as per law in the light of the above observations. - decided in favour of assessee for statistical purposes
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