Assessee, a Regional Rural Bank, claimed deduction under S. 80P(2)(a)(i) of the Act. AO rejected the claim on ground that assessee was not registered under Cooperative Societies Act, 1912 and that after insertion of section 80P(4) deeming status of Cooperative Society to Regional Rural Bank (‘RRB’) stood dissolved. On appeal the Tribunal held that , claim of the assessee is based on provisions of S 22 read with S. 32 of 1976 Act which have got overriding effect over provisions of Act. Accordingly the assessee being a cooperative society as per overriding provisions contained in section 22 of RRB Act, 1976, its claim for deduction was to be allowed . ( AY.2009-10-2011-12 )
Baroda Uttar Pradesh Gramin Bank. v. DCIT (2018) 169 ITD 656 (All ) (Trib.)
S. 80P : Co-operative societies -Reginal Bank -As per the overriding provisions contained in S.22 of Regional Rural Bank Act , 1976 , the deduction is available. [ S.80P(2)(a)(i) ]
Yes