TMI Blog2022 (11) TMI 1132X X X X Extracts X X X X X X X X Extracts X X X X ..... n the same business or a Government or local authority or a Government company. Thus, the provision clearly prescribes about the procurement of the goods from the Members of the society and not from the non- Members. As submitted by the D.R. the statement recorded from Shri Karsanbhai S. Bharwad who is the Mantri of the assessee cooperative society and not a third person. Therefore, the case laws relied by the assessee is clearly distinguishable and not applicable to the present facts of the case. The grounds of appeal raised by the assessee are devoid of any merits and against the provisions of Section 80P(2)(b). Therefore, the finding of the lower authorities does not require any interference and appeal filed by the assessee is hereby ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee Mandala confirmed this arrangement. Therefore, the Assessing Officer concluded the profit from the business, as regards non-members was not admissible under Section 80P(2)(b) of the Act and estimated 44% of purchases from members and 56% from non-members thereby allowed exemption of Rs. 5,33,052/- and disallowed exemption of Rs. 6,80,976/-. 3. Aggrieved against the same the assessee filed an appeal before the Commissioner of Income Tax (Appeals), wherein the assessee considered that the books of accounts including the quantity record of milk procured and maintained by the assessee was accepted by the Ld. AO. Clause b of Section 80P(2) did not require that the milk procured by the primary society from its members, may include milk ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 976/- is wholly illegal, unlawful and against the principles of natural justice. 1.2 The Ld, CIT(A) has grievously erred in law and or on facts in not considering fully and properly the explanations furnished and the evidence produced by the appellant. 1.3 The Ld. CIT(A) has grievously erred in upholding the disallowance without giving copy of statements of the parties recorded by him and thereby violating the principles of natural justice. The impugned addition made without providing such material and cross-examination was invalid. 2.1 The Ld. CIT(A) has grievously erred in law and or on facts in confirming the disallowance of deduction u/s 80P(2)((b) of Rs.6,80,976/- by misinterpreting the said provision. 2.2 That in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sallowance made by the AO, which does not require any interference and requested to dismiss the appeal. 6. We have given our thoughtful consideration and perused the material available on record. Section 80P(2)(b) of the Act reads as follows: Section 80P(2)[b) of the Act which is reproduced as under: ......80P. (1) Where, in the case of an assessee being a co-operative society, the gross total income includes any income referred to in subsection (2), there shall be deducted, in accordance with and subject to the provisions of this section, the sums specified in sub-section (2), in computing the total income of the assessee. (2) The sums referred to in sub-section (1) shall be the following, namely:- (a) .......... ..... X X X X Extracts X X X X X X X X Extracts X X X X
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