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TMI Blog2019 (2) TMI 1374X X X X Extracts X X X X X X X X Extracts X X X X ..... mmon order, for the sake of reference and convenience. 2. The assessee is a co-operative society registered under the Karnataka Cooperative Societies Act, 1959. It is engaged in the business of providing financial assistance to its members as per its Bye laws. 3. We shall first take up the appeals relating to Assessment Years 2010-11 and 2013-14. In both the years, the learned CIT(A) has dismissed the appeals on the reasoning that both the appeals are barred by limitation. The learned CIT(A) has noticed that the appeals filed for Assessment Year 2010-11 is barred by limitation by 178 days and the appeal filed for Assessment Year 2013-14 is barred by limitation by 175 days. Accordingly, he has dismissed the appeals on limitation issue. 4. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Coordinate Bench in the above said case: "3. Having carefully examined the orders of the lower authorities in the light of rival submissions, we find that in order to facilitate filing of the appeals, the government has made the necessary changes in the rules for filing the appeals electronically but that does mean that if electronically filing of the appeal is not possible, the assessee cannot file the appeal manually. We have not found any provision in the Act which deprives assessee from filing the appeal manually after particular date. If the appeal is filed manually, the same should have been disposed by the CIT(A) or atleast he can ask the assessee to upload the appeal online also besides filing manually. But he cannot reject the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing credit facilities to its members. The assessee claimed deduction u/s 80P(2)(a)(i) of the Act. The AO took the view that the definition of "income" given in sec.2(24) has amended by inserting clause (viia). The said clause (viia) reads as under:- "the profits and gains of any business of banking (including providing credit facilities) carried on by a co-operative society with its members" The AO accordingly held that the income of the assessee is taxable under the Act. By taking support of sec.80P(4) of the Act, the AO held that the assessee is not eligible for deduction u/s 80P of the Act. Even though the assessee placed its reliance on the decision rendered by Hon'ble Karnataka High Court in the case of CIT vs. M/s Sri Biluru Gurbas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e are different from the one available in the case of Citizen Co-operative Society (supra), considered by Hon'ble Supreme Court. We notice that the factual aspects of the case have not been examined by assessing officer also. 11. The AO has taken support of sec.2(24) to hold that the income of the assessee is taxable. The issue here is about the deduction claimed by the assessee u/s 80P of the Act. The question of allowing deduction u/s 80P would arise only if the income is taxable. Further the AO has declined to examine the decision rendered by jurisdictional High Court. Hence the reasoning given by the AO to reject the claim of the assessee is not sustainable. The AO has also not given reasons for applying the provisions of sec.80P(4) of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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