TMI Blog2016 (11) TMI 1462X X X X Extracts X X X X X X X X Extracts X X X X ..... members of the Credit Cooperative Society do not constitute “public” and there is no depositing, withdrawal by cheque or draft etc. After considering the said judgment of the Hon'ble jurisdictional High Court in the case of Quepem Urban Cooprative Credit Society [2015 (6) TMI 573 - BOMBAY HIGH COURT] we are of the opinion that decision of the CIT (A) is fair and reasonable and it does not call for any interference. Accordingly, issue raised in the Revenue's appeal is dismissed. - I.T.A. No. 300/M/2016, I.T.A. No. 301/M/2016 - - - Dated:- 18-11-2016 - D. Karunakara Rao (Accountant Member) And Pawan Singh (Judicial Member) For the Appellant : Akhilendra Yadav, DR For the Respondent : Rajendra Kadrekar ORDER D. Karu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee is a 'credit cooperative society'. In the assessment, AO treated the same as a 'credit cooperative bank'. During the first appellate proceedings, CIT (A) examined the facts relevant to the definition of 'credit cooperative society' as well as the applicable citations and came to the conclusion that the assessee is not a 'bank' and therefore, the provisions of section 80P(4) will not apply to the assessee-credit cooperative society. The contents of para 5.3 of the CIT (A)'s order are relevant in this regard. Aggrieved with the same, Revenue is in appeal before the Tribunal with the present appeal. 4. During the proceedings before us, Ld DR for the Revenue submitted that the order of the CIT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt is covered in his favour in his own case for the earlier AYs by my predecessor CIT (A). Therefore, respectfully following the aforesaid decisions of various High Courts Tribunals as cited by the appellant as well as the decision of the CIT (A) in the appellants own case, I hold that, the appellant cannot be held as a cooperative bank, hence deduction claimed u/s 80P(2)(a)(i) 80P(2)(d) cannot be denied to it. I find that the AO in the present AY has nowhere led any facts to show that banking facilities such as cheque books, drafts have been provided. Neither is it the case of AO that facilities have been provided to members of the general public without restricting only to its own members. On facts, therefore the AO has not demonstr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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