ACIT NON CORPORATE CIRCLE 2, CHENNAI vs. TAMILNADU COOPERATIVE STATE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., CHENNAI
What did the Tribunal hold?
The Tribunal noted that a previous decision in the assessee's own case for AY 2010-11 had allowed the Revenue's appeal. However, considering a subsequent Supreme Court judgment on lending to associate members, the Tribunal felt the issue required fresh consideration.
What were the facts?
The Revenue appealed against the Commissioner's order allowing deduction under Section 80P(2) to the assessee, a cooperative bank. The Revenue argued that the assessee functioned as a bank and its operations spread across the state, disentitling it from deduction under Section 80P(4).
What were the issues?
Whether the assessee, a cooperative bank, is eligible for deduction under Section 80P(2) considering its banking activities and the scope of Section 80P(4), especially in light of recent Supreme Court pronouncements.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C’ BENCH : CHENNAI
Before: SHRI ABRAHAM P.GEORGE & SHRI GEORGE MATHAN
आदेश / O R D E R
PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER:
These are appeals filed by the Revenue directed against an order dated 31.05.2017 of the Commissioner of Income-tax (Appeals)-2, Chennai. Revenue is aggrieved that ld. Commissioner of & 52/CHNY/2017 :- 2 -:
Income Tax (Appeals) held the assessee to be eligible for deduction u/s.80(P)(2) of the Act.
Ld. Counsel for the Revenue submitted that assessee though it was not a normal Scheduled Bank, functioned as a bank. As per the ld. DR business of banking could not be narrowly construed.
Contention of the ld. DR was that assessee was disbursing loans through its member primary banks which were treated as associate members. Contention of the ld. DR was that by virtue of judgment of Hon’ble Apex Court in the case of The Citizen Co-Operative Society Ltd vs. ACIT, (Civil Appeal No.10245 of 2017, dated 8.8.2017) the deduction u/s.80 (P) (2) of the Act could not be given where business of the assessee society included lending to associate members.
Relying on Section 80P(4) of the Act, ld. DR submitted that assessee’s operations were not restricted to a Taluk but spread all over the State.
As per the ld. DR, Section 80P(4) of the Act specifically disentitled a society doing banking business, from claiming deduction u/s.80P(2)(a)
(i) of the Act.
Per contra, ld. Authorised Representative strongly supporting the 3.
orders of the authorities below submitted that ld. Commissioner of Income Tax (Appeals) had followed assessee’s own case for & 52/CHNY/2017 :- 3 -: assessment year 2009-2010. According to him, assessee was not a bank recognized by the RBI and hence Section 80P(4) of the Act have no application. Ld. Counsel fairly admitted that for assessment year 2010-2011, this Tribunal in assessee’s own case in dated 16.11.2017 had held in favour of the Revenue.
We have considered the rival contentions and perused the orders of the authorities below. No doubt, in assessee’s own case for assessment year 2010-2011 on Revenue’s appeal, this Tribunal held as under:-
‘’4.In the Revenue’s appeal, the Revenue has raised the following grounds:
1. The order of the learned CIT(A) is contrary to law, facts and circumstances of the case. 2.1 The learned CIT(A) erred in holding that the assessee is eligible for deduction u/s.80(P)(2) of the Act. 2.2 The Learned CIT(A) has not appreciated the fact that the assessee bank may not function as a normal scheduled bank. But it functions as a bank specialized in re-finance. The business of banking cannot be narrowly taken to the definition of banking as per the Banking Regulations Act. The assessee bank gets loans from NABARD, State Governments, raises debentures and finance to its members.
2.3 The learned CIT(A) failed to appreciate that the assessee bank claims that it only lends to its members. The annual report of the bank states that the bank has disbursed jewel !oans both directly and also through its member primary banks, but the bank claims that the members of its member banks become associate members and avail loans. Sec. 80P(2) speaks only about lending loans to its member and the scope cannot be widened.
& 52/CHNY/2017 :- 4 -:
2.4 The learned CIT(A) failed to appreciate that the intention of the legislature is that the provisions of section 80P(2) cannot be Agricultural credit society or a primary Co-operative Agricultural and Rural Land Development Bank. 2.5 The CIT(A) failed to appreciate that the Tamil Nadu Co- operative State Agricultural & Rural Development Bank Limited is the Apex bank to all primary Co-operative agricultural and rural development banks in the state. According to explanation (b) to section 80P(4), the primary co-operative agricultural and rural land development banks can claim this deduction only if its operation is restricted to a “Taluk”. In the instant case, the operations are spread all over the state and being the apex bank, the assessee cannot claim the status of a primary bank. 2.6 The learned CIT(A) erred in holding that the assessee being a co-operative bank is eligible for deduction u/s.80P of the Act, without appreciating the fact that the assessee bank is entitled to float debentures and to receive deposits as per clause 4 of the bye-laws and further entitled to subscription of shares, debentures and other borrowings as per clause-13 of the bye- laws, making it clear that the assessee has all characteristics of a bank, and not a primary agricultural credit society.
For these and other grounds that may be adduced at the time of hearing, it is prayed that the order of the learned CIT(A) may be set aside and that of the Assessing Officer restored.
5. It was submitted by the Ld.DR that the AO had denied the assessee the benefit of deduction u/s.80P of the Act. On appeal, Ld.CIT(A) had held that the assessee was entitled to the deduction u/s.80P. The Ld.CIT(A) had followed the decision of the Co-ordinate Bench of this Tribunal in the assessee’s own case for the AY 2009-10 in dated 01.05.2014. It was a submission that the issue was now squarely covered by the decision of the Hon’ble Kerala High Court in the case of Kerala State Co-operative Agricultural & Rural Development Bank Ltd., reported in [2016] 67 taxmann.com 111 (Kerala), wherein it has been held that “in terms of the definition clauses of the BR Act which apply to the interpretation of the terms in Secti6n 80P(4) of the IT Act in view of the Explanation to that sub-section as enunciated above, an assessee co- operative society which has other co-operative societies as members is not eligible to the exemption and the appellant is not a primary agricultural credit society as found above”. It was a submission that the order of the Ld.CIT(A) was liable to be reversed.
& 52/CHNY/2017 :- 5 -:
In reply, the Ld.AR vehemently supported the order of the Ld.CIT(A) and the AO.
We have considered the rival submissions. As it is noticed that the issue in this appeal is squarely covered by the decision of the Hon’ble Kerala High Court in the case of Kerala State Co-operative Agricultural & Rural Development Bank Ltd., referred to supra, respectfully following the decision of the Hon’ble Kerala High Court in the case of Kerala State Co-operative Agricultural & Rural Development Bank Ltd., the order of the Ld.CIT(A) stands reversed and that of the AO restored.
In the result, the appeal filed by the Revenue is allowed’’.
However, when the case was heard by this Tribunal none of the parties pointed out the judgment of Hon’ble Apex Court in the case of The Citizen Co-Operative Society Ltd (supra). Their lordships in the case had considered the issue whether deduction u/s. 80P(2)(a) (i) of the Act could be given to a society which was doing business with associate members. One of the contention raised by the ld. DR here is that assessee was disbursing loans through its member primary banks which were treated as associate members. Neither ld. Assessing Officer nor other authorities had the benefit of the judgment of Hon’ble Apex Court in the case of The Citizen Co-Operative Society Ltd (supra) while deciding whether assessee was eligible for claiming deduction u/s.80P(2)(a) (i) of the Act. In fact ld. Commissioner of Income Tax (Appeals) had allowed the claim of the assessee & 52/CHNY/2017 :- 6 -: u/s.80P(2)(a) (i) of the Act, considering an alternative ground of the assessee. In the circumstances, we are of the opinion that the issue requires a fresh look by the ld. Assessing Officer. We therefore set aside the orders of the lower authorities and remit the issue back to the file of the ld. Assessing Officer for consideration afresh in accordance with law.
In the result, the appeal of the Revenue for both the years are allowed for statistical purpose.
Order pronounced on Monday, the 5th day of March, 2018, at Chennai.
More judgments on Section 80P(2)
- The Mrutyunjaya Large Size Co Operative… vs Income Tax Officer, Ward-1, PalakolITA 839/VIZ/2025[2022-23]Status: Disposed24 Jul 2026AY 2022-23
- Surathkal Vyavasaya Seva Sahakari Bank… vs Income Tax Officer, Ward-1(1), MangaloreITA 2299/BANG/2025[2020-21]Status: Disposed11 May 2026AY 2020-21
- Surathkal Vyavasaya Seva Sahakari Sangha… vs Income Tax Officer, Ward-1(1), MangaloreITA 2298/BANG/2025[2018-19]Status: Disposed11 May 2026AY 2018-19
- Surathkal Vyavasaya Seva Sahakari Sangha… vs Income Tax Officer, Ward-1(1), MangaloreITA 2297/BANG/2025[2017-18]Status: Disposed11 May 2026AY 2017-18
- Mumbai Vidi Tambakhu Vyapari Sahakari… vs Income Tax Officer, Ward 22(2)(2), Piramal…ITA 1801/MUM/2026[2014-15]Status: Disposed7 May 2026AY 2014-15
Latest GST High Court judgments
Search GST case law →- Tankala Soumya vs. Assistant Commissioner Of State Tax, CT And GST, Rayagada Circle, RayagadaOrissa · 31 Oct 2026
- M/S Pooja, Town Hallroad, Cuttack vs. State Tax Officer, Cuttack-I West Circle,CuttackOrissa · 31 Oct 2026
- M/S Chicvogue Fashions Lip, Ganjam vs. State Tax Officer Bhubaneswar- Ii CircleOrissa · 31 Oct 2026
- M/S Priya, Townhall Road, Cuttack vs. Superintendent Cuttack- I Range, CuttackOrissa · 31 Oct 2026
- Dwaraka Jewellers, Bhubaneswar vs. Superintendent, CGST And Central Excise, BhubaneswarOrissa · 31 Oct 2026