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2017 (1) TMI 679 - ITAT PUNE

2017 (1) TMI 679 - ITAT PUNE - [2017] 54 ITR (Trib) 253 - Exemption u/s 80P(2)(a)(vi) - assessee is Co-operative Society and was Federation of Skilled and Unskilled labourers - Held that:- Tribunal for assessment years 2006-07, 2008-09 and 2009-10 held the assessee to be eligible to claim the aforesaid deduction. Assessing Officer also acknowledged that the issue was decided in favour of the assessee by the Tribunal in earlier years. However, since the appeal has been filed before the Hon’ble Bo .....

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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. - ITA No. 1876/PUN/2014 - Dated:- 5-1-2017 - Ms. Sushma Chowla, JM And Shri Anil Chaturvedi, AM Appellant by : Shri Sudhanshu Shekhar .....

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y 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 disposa .....

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rtmental Representative for the Revenue placed reliance on the order of Assessing Officer. 5. Briefly, in the facts of the case, the assessee was Co-operative Society which is registered under the Maharashtra State Co-operative Act. The assessee is providing credit facilities to its members. For the year under consideration, the assessee had filed the return of income declaring Nil income after claiming deduction under Chapter VIA. The explanation of assessee before the Assessing Officer was tha .....

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ed an appeal before the Hon ble Bombay High Court against the decision of Tribunal in assessee s own case and hence, the said 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 .....

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T(A). 8. We have heard the rival contentions and perused the record. The issue arising in the present appeal is against the claim of assessee of deduction under section 80P(2)(a)(vi) of the Act. The assessee is Co-operative Society and was Federation of Skilled and Unskilled labourers. The assessee claimed that its income was eligible for deduction under section 80P(2)(a)(vi) of the Act in the earlier years i.e. assessment years 2006-07, 2008-09 and 2009-10. The said claim was not allowed to the .....

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