TMI Blog2020 (1) TMI 958X X X X Extracts X X X X X X X X Extracts X X X X ..... 826 - KERALA HIGH COURT] had held that the A.O. has to conduct an inquiry into the factual situation as to the activities of the assessee society to determine the eligibility of deduction u/s 80P. In view of the dictum laid down by the Full Bench of the Hon ble jurisdictional High Court (supra), we restore the issue of deduction u/s 80P(2) to the files of the Assessing Officer. AO shall examine the activities of the assessee and determine whether the activities are in compliance with the activities of a co-operative society functioning under the Kerala Co-operative Societies Act, 1969 and accordingly grant deduction u/s 80P(2) of the I.T.Act. Interest on the investments with Cooperative Banks and other Banks , the co-ordinate Bench ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before the Tribunal. However, I proceed to dispose of the appeals ex parte after hearing the Ld. DR. The brief facts of the case are as follow: 3. The assessee is a co-operative society registered under the Kerala Co-operative Societies Act, 1969. For the assessment years 2011-12 to 2014-15, the returns of income were filed, claiming deduction u/s 80P of the I.T.Act. The Assessing Officer passed assessment orders u/s 143(3) of the I.T.Act for AYs 2011-12 to 2014-15, disallowing the claim of deduction u/s 80P of the I.T.Act. The reasoning of the Assessing Officer to disallow the claim of deduction u/s 80P(2) of the I.T.Act was that the assessee was doing the business of banking, and therefore, in view of ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e u/s 80P(2) of the I.T.Act for the assessment years under consideration. 6. Aggrieved by the orders of the CIT(A), the assessee has filed these appeals before the Tribunal raising the following common grounds:- 1. The order under section 154 read with section 250 of the Act is against law facts and circumstances of the case. 2. The first appellate authority ought to have decided the case on just and equitable grounds. 3. Rectification of mistake apparent from records under section 154 is not warranted in this case. 4. The first appellate authority ought to have granted sufficient time on considering the adjournment petition. 5. Since the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i Service Co-operative Bank Ltd. v. CIT (supra) held that the Assessing Officer has to conduct an inquiry into the factual situation as to the activities of the assessee society to determine the eligibility of deduction u/s 80P of the I.T.Act. It was held by the Hon ble High Court that the Assessing Officer is not bound by the registration certificate issued by the Registrar of Kerala Co-operative Society classifying the assessee-society as a co-operative society. The Hon ble High Court held that each assessment year is separate and eligibility shall be verified by the Assessing Officer for each of the assessment years. The finding of the Larger Bench of the Hon ble High Court reads as follows:- 33. In view of the law la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion (4) of Section 80P of the IT Act to ease themselves out from the coverage of Section 80P and that, the authorities under the IT Act cannot probe into any issues or such matters relating to such societies and that, Primary Agricultural Credit Societies registered as such under the KCS Act and classified so, under the Act, including the appellants are entitled to such exemption. 34. In Chirakkal [384 ITR 490] the Division Bench expressed a divergent opinion, without noticing the law laid down in Antony Pattukulangara [2012 (3) KHC 726] and Perinthalmanna [363 ITR 268]. Moreover, the law laid down by the Division Bench in Chirakkal [384 ITR 490] is not good law, since, in view of the law laid down by the Apex Court in C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... operative Bank Ltd. v. CIT (supra). The CIT(A) ought not to have rejected the claim of deduction u/s 80P(2) of the I.T.Act without examining the activities of the assesseesociety. The Full Bench of the Hon ble jurisdictional High Court in the case of The Mavilayi Service Co-operative Bank Ltd. V. CIT (supra) had held that the A.O. has to conduct an inquiry into the factual situation as to the activities of the assessee society to determine the eligibility of deduction u/s 80P of the I.T.Act. In view of the dictum laid down by the Full Bench of the Hon ble jurisdictional High Court (supra), I restore the issue of deduction u/s 80P(2) to the files of the Assessing Officer. The Assessing Officer shall examine the activities ..... X X X X Extracts X X X X X X X X Extracts X X X X
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