CONSTITUTION OF INDIA, 1950

Article 226

Writ petition - Maintainability - Assessee's plea to treat it as Co-operative Society on par and to extend benefit of Section 80P -

Petitioner pleaded to declare that the word “Co-operative” in Section 2(19) applies to all co-operatives including the word “co-operative” defined under Section 2(e) the 1997 Act and consequently prayer to quash the notice issued under Section 142(1), 143(2) as well as to quash demand notice issued under Section 156. Petitioner was seeking for plea to treat it as Co-operative on par with Co-operative registered under Cooperative Societies Act, 1959 and to extend the benefit of Section 80P. Held: In terms of the Order, dated 16-1-2020 in WP No.48414/2018 and connected writ petition, the present writ petitions are disposed of. Assessment order was quashed and authorities were directed to pass fresh assessment order treating petitioner as Co-operative Society and extending the benefit under Section 80P.

REFERRED : Swabhimani Souharda Credit Co. Operative Ltd. v. Government Of India Ministry Of Finance 2020 TaxPub(DT) 0504 (Karn-HC)

FAVOUR : Petition allowed

A.Y. :

SUBSCRIBE FOR FULL CONTENT