KARNATAKA STATE CREDIT CO-OPERATIVE SOCIETIES vs. UNION OF INDIA

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WP/22781/2012HC KarnatakaKAHC01020573201205 November 2012Bench: H.G.RAMESH3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that whether the income of a particular co-operative society qualifies for deduction under Section 80P is a mixed question of law and fact. This requires examination by the statutory authority on a case-by-case basis.

What were the facts?

The petitioner, an association of credit co-operative societies, sought a declaration that their income is exempt under Section 80P of the Income Tax Act. They did not claim that all co-operative societies' income is exempt.

What were the issues?

Whether a general declaration can be granted for exemption under Section 80P without examining the specific facts of each co-operative society.

Which sections of the Income-tax Act were involved?

Section 80P

AI-generated summary — verify with the full judgment below

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W.P. No.22781/2012 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 5TH DAY OF NOVEMBER 2012

BEFORE

THE HON'BLE MR. JUSTICE H. G. RAMESH

WRIT PETITION No.22781 OF 2012 (T-IT)

BETWEEN:

KARNATAKA STATE CREDIT CO-OPERATIVE SOCIETIES’ ASSOCIATION REGD. OFFICE AT NO.42 (NEW NO.95), FIRST FLOOR 11TH CROSS, TEMPLE STREET MALLESHWARAM BANGALORE-560 003 REPRESENTED BY ITS GENERAL SECRETARY SRI GURUNATH JYANTIKAR

... PETITIONER

(BY SRI SACHIN B.S., ADVOCATE FOR M/S. DHARMASHREE ASSOCIATES, ADVOCATES)

AND:

1.

UNION OF INDIA

MINISTRY OF FINANCE

NEW DELHI

REPRESENTED BY ITS SECRETARY

2.

THE UNDER SECRETARY

TO THE GOVERNMENT OF INDIA

CENTRAL BOARD OF DIRECT TAXES (CBDT)

DEPARTMENT OF REVENUE

CENTRAL BOARD OF DIRECT TAXES

NEW DELHI

3.

THE CHIEF COMMISSIONER OF

INCOME TAX FOR KARNATAKA AND GOA

BANGALORE

… RESPONDENTS

(BY SRI INDRAKUMAR, SENIOR COUNSEL FOR SRI E.I. SANMATHI, ADVOCATES FOR R2 TO R4)

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W.P. No.22781/2012 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT IN TERMS OF SECTION 80P(2)(a)(i) OF THE ACT INCOME OF THE CO-OPERATIVE SOCIETIES ARE EXEMPTED AND THEY ARE ENTITLED TO CLAIM DEDUCTION 80P(2)(a)(i) OF THE ACT AND ETC.,

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

H.G.RAMESH, J. (Oral):

This writ petition is by the Karnataka State Credit Co-operative Societies’ Association seeking for a declaration that the income of Co-operative Societies qualify for deduction under Section 80P of the Income Tax Act, 1961 (‘the Act” for short). It is not the case of the petitioner that the income of all kinds of Co-operative Societies is qualified for deduction under Section 80P of the Act. Whether the income of a particular Co-operative Society qualifies for deduction or not is a mixed question of law and fact. It is for the concerned Statutory Authority under the Act to examine on the facts of each case as to whether the income of a particular Co-operative

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W.P. No.22781/2012 Society qualifies for deduction under Section 80P of the Act or not. The declaration as prayed for cannot be granted. I may also add that a mere declaration cannot be granted in a writ proceeding barring a few exceptions. The writ petition is accordingly dismissed. Petition dismissed.

Sd/-

JUDGE

BNS/ata.

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