INCOME TAX ACT, 1961

Section 80P(2)

Deduction under section 80P(2) - Whether assessee being primary agricultural credit societies could claim deduction under section 80P - Allowability -

Assessee, a co-operative bank, had claimed deduction under section 80P. AO denied the deduction claimed alleging that assessee was primarily engaged in business of banking and therefore, in view of provisions of section 80P(4) which was inserted with effect from 1-4-2007, assessee was not entitled to deduction under section 80P. Held: High Court in the case of Chirakkal Service Co-op Bank Ltd. v CIT ((2016) 384 ITR 490 (Ker) : 2016 TaxPub(DT) 1770 (Ker-HC)) had held that assessee, a primary agricultural credit society, registered under the State Cooperative Societies Act, 1969 was entitled to the benefit of deduction under section 80P(2). Therefore deduction could not be denied to assessee.

Followed:The Chirakkal Service Co-Operative Bank Ltd. v. The CIT (2016) 384 ITR 490 (Ker) : 2016 TaxPub(DT) 1770 (Ker-HC)Relied:The Citizen Co-Operative Society Limited v. ACIT AIR 2017 SC 5147 : 2017 TaxPub(DT) 2053 (SC) The Mavilayi Service Co-Operative Bank Ltd. v. CIT 2019 (2) KHC 287

REFERRED :

FAVOUR : In assessee's favor

A.Y. :

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