1998 (12) TMI 120 - AT - Income Tax

Summary

Issues involved: Whether provisions of section 40A(2)(a) are applicable to a co-operative society.

Summary:
The appeal involved a crucial issue of whether section 40A(2)(a) applied to a co-operative society. The assessee, a co-operative society engaged in milk collection and sale, faced an addition of Rs. 3,73,535 under section 40A(2)(a) for alleged excess payment to the brother of the Chairman. The Commissioner of Income-tax(A) upheld this action. The learned counsel for the assessee argued that co-operative societies were excluded from section 40A(2)(a) as per the Income-tax Act's provisions. The Tribunal noted that the Act distinguished between Association of Persons and co-operative societies, with the latter enjoying special status and distinct treatment. The Tribunal held that co-operative societies were specifically excluded from section 40A(2)(a) and disagreed with treating them as Associations of Persons.

Regarding other grievances, the Tribunal dismissed the addition of Guest House Expenses and directed a 25% disallowance for function expenses. For non-refundable deposits and interest, the Tribunal directed the Assessing Officer to re-examine the nature of the liability created by a Special Resolution, as both lower authorities had not considered the liability's nature before applying a previous Supreme Court decision. The appeal was allowed in part, with relief granted on the section 40A(2)(a) issue and directions given for re-examination of the non-refundable deposits issue.