SRI BASAVESHWAR SOUHARDA PATTINA SAHAKARI NIYAMIT,VIJAYAPURA vs. INCOME TAX OFFICER, WARD - 1 & TPS, VIJAYAPURA

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ITA 1355/BANG/2019Status: DisposedITAT Bangalore10 January 2020AY 2015-161 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(A) was not justified in denying the deduction solely based on the registration under the Karnataka Souharda Sahakari Act, 1997. The matter was restored to the AO to examine other conditions for Section 80P eligibility.

What were the facts?

The assessee, registered under the Karnataka Souharda Sahakari Act, 1997, claimed deduction under Section 80P. The CIT(A) denied this deduction solely based on the registration act.

What were the issues?

Whether registration under the Karnataka Souharda Sahakari Act, 1997, disqualifies an assessee from claiming deduction under Section 80P. Whether other conditions of Section 80P were met.

Which sections of the Income-tax Act were involved?

Section 80P

AI-generated summary — verify with the full judgment below

ITA No. 1355/Bang/2019 deduction u/s 80P for the reason that the assessee is registered under Karnataka Souharda Sahakari Act, 1997. To this extent, I set aside the order of CIT (A) in both years. After holding so, I restore the issue about allowability of deduction u/s 80P in both years to the file of the AO to decide the issue about allowability of deduction u/s 80P after examining this aspect as to whether the assessee is satisfying other conditions of section 80P of I. T. Act and pass necessary order as per law after providing adequate opportunity of being heard to the assessee in both years.”

5.

Respectfully following this Tribunal order, I hold that learned CIT(A) is not justified in holding that the assessee is not eligible for deduction under section 80P of the IT Act 1961 for the reason that the assessee is registered under Karnataka Souharda Sahakari Act, 1997. To this extent, I set aside the order of the learned CIT(A). After holding so, I restore the issue about allowability of deduction under section 80P of the IT Act, 1961 to the file of the AO to decide the issue after examining this aspect as to whether the assessee is satisfying other conditions of section 80P of the IT Act, 1961 and pass necessary order as per law after providing adequate opportunity of being heard to the assessee.

6.

In the result, assessee’s appeal for Assessment Year 2015-16 is allowed for statistical purposes. Pronounced in the open court on the date mentioned on the caption page. (PAVAN KUMAR GADALE) Accountant Member Bangalore. Dated: 10th January, 2020. /NS/* Copy to:

1.

Appellants

2.

Respondent

3.

CIT

4.

CIT(A)

5.

DR, ITAT, Bangalore.

6.

Guard file

By order

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