THE VAZHAYOOR SERVICE CO-OP BANK LTD,MALAPPURAM vs. ITO, WARD 2 , TIRUR

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ITA 966/COCH/2022Status: DisposedITAT Cochin31 August 2023AY 2017-18Bench: Shri Sanjay Arora (Accountant Member), Shri Manomohan Das (Judicial Member)2 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that income assessed as business income would qualify for deduction under Section 80P(1) read with Section 80P(2)(a)(i). Income from interest on deposits or dividend would be deductible under Section 80P(1) read with Section 80P(2)(d) if arising from cooperative societies/banks. Any remaining income would be taxable.

What were the facts?

The assessee, a cooperative society, filed appeals against assessment orders for AYs 2017-18 and 2018-19. The issues in these appeals were identical to those previously decided by the Tribunal in a similar case.

What were the issues?

The primary issue was the eligibility of certain income for deduction under Section 80P of the Income Tax Act for a cooperative society.

Which sections of the Income-tax Act were involved?

Section 80P(1),Section 80P(2)(a)(i),Section 80P(2)(d)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN

Before: Shri Sanjay Arora, AM &Shri Manomohan Das, JM

For Respondent: Ms. J.M. Jamuna Dev, Sr. DR
Hearing: 09.08.2023

Heard together (2 matters)

ITA No.966/Coch/2022
ITA No.943/Coch/2022

Read from the judgment's own cause title. This page is filed under one of them.

O R D E R Per Bench: This is a set of two appeals by the Assessee, a cooperative society registered as a primary agricultural credit society (PACS) under the Kerala Cooperative Societies Act, 1969 (Kerala Act), arising out of the first appellate orders dated 21/9/2020 and 30/5/2022 under the Income Tax Act, 1961 (‘the Act’ hereinafter) confirming it’s assessments under section 143(3) of the Act for the assessment years (AYs.) 2017-18 and 2018-19 respectively. The issues arising being common, the same were heard together, and are being disposed of per a common order.

2.1 At the outset, it was the common contention of the parties that the issues arising in these appeals are the same as heard by this Bench on 08/8/2023 inThe Adichanalloor Farmers Service Co-operative Bank Limited& Others (in & others). As such, the decision by the Tribunal therein would apply for the instant appeals as well.

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