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TMI Blog2017 (1) TMI 679X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of the case the Ld. CIT(A)-I, Nashik was justified in allowing exemption from Income-tax to the assessee society u/s 80P(2)(a)(vi) of the Income-tax Act even though the assessee society is a federation of primary societies which only supervises and co-ordinates the affairs of its members and cannot be said to be engaged in the collective disposal of the labour of its members within the meaning of section 80P(2)(a)(vi) of the Income-tax Act. ii) Whether in the facts and in the circumstance of the case the Ld. CIT(A)-I, Nashik was justified in holding that the assessee was engaged in the collective disposal of the labour of its members when there is no individual who is member of the assessee society. iii) The order of the Ld. CIT(A) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deduction was not admissible to the assessee. The assessee's reference to the decision of Apex Court in Kerala State Co-operative Marketing Federation Ltd. Vs. CIT (supra) was held to be distinguishable on facts. 6. The CIT(A) allowed the claim of assessee following the decision of Tribunal in assessee's own case relating to assessment years 2006-07, 2008-09 and 2009- 10 in ITA Nos.62, 63 and 64/PN /2013, order dated 24.02.2014. The relevant portion of the decision of Tribunal is reproduced under para 6 at pages 6 and 7 of the appellate order. The CIT(A) held that since the facts were identical and nothing contrary to the earlier years was brought on record, hence, following the said decision of the Tribunal, the assessee was held to be el ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 16, relating to assessment year 2012-13, vide order dated 23.09.2016 has allowed the claim of deduction under section 80P(2)(a)(vi) of the Act to the assessee following earlier decision of the Tribunal in assessment years 2006-07, 2008-09 and 2009-10. The learned Departmental Representative for the Revenue has failed to controvert the findings of CIT(A) and in the absence of the same, we find no merit in the grounds of appeal raised by the Revenue. Following the same parity of reasoning and since the issue is settled in favour of the assessee by earlier order of Tribunal, we uphold the order of CIT(A) and dismiss the grounds of appeal raised by the Revenue. 10. In the result, appeal of Revenue is dismissed. Order pronounced on this 5th da ..... X X X X Extracts X X X X X X X X Extracts X X X X
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