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2021 (9) TMI 343 - AT - Income TaxDeduction u/s 80P - assessee has earned interest on investment in Co-operative banks, nationalised banks - AO was of the view that principle of mutuality were violated by assessee and therefore denied the deduction - whether the authorities below were justified in denying the claim of the assessee for reduction u/s 80P(2)(a)(i) of the Act.? - HELD THAT:- Hon’ble Supreme Court in the case of Mavilayi Service Cooperative Bank Ltd. [2021 (1) TMI 488 - SUPREME COURT] has held that the expression “Members” is not defined in the Income-tax Act. Hence, it is necessary to construe the expression “Members” in section 80P(2)(a)(i) of the Act in the light of definition of that expression as contained in the concerned co-operative societies Act.- facts are to be examined in the light of principles laid down by the Hon’ble Supreme Court in Mavilayi Service Cooperative Bank Ltd. (supra). Accordingly, we remit this issue of deduction u/s.80P(2)(a)(i) of the Act to the file of Ld.AO to examine the same de novo in the light of the above judgment. Accordingly grounds 2 stands allowed for statistical purposes Interest from investment in Cooperative banks, nationalised banks - HELD THAT:- This issue has been decided by coordinate bench of this Tribunal in case of Potters Cottage Industrial Co-Operative Society Ltd. [2021 (9) TMI 137 - ITAT BANGALORE] - As relying on it we direct the Ld.AO to verify the interest earned on investment earned from co-operative societies and to consider the claim of assessee in accordance with law under section 80P(2)(d) - Grounds raised by assessee stands allowed for statistical purposes.
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