On appeal, the High Court held that; Tribunal while considering the issue of deduction under S. 80P(2)(a)(i) to Assessee suddenly shifted to Section 80P(4) and held that the assessee is not entitled for the benefit of S. 80P(4) without providing an opportunity to the Assessee. Hence, impugned orders are set aside and the matters are remanded to the AO to examine the case in the light of the judgment in Totgars Co-operative Sale Society Ltd. vs. ITO (2010) 228 CTR (Kar) 526 as well as CBDT Circular No. 6 of 2010, dt. 20th Sept., 2010 and to take a decision in accordance with law. (AY.2007-2008 to 2009-2010).
Bellad Bagewadi Krishi Seva Sahakari Bank Ltd. v. ITO (2018) 171 DTR 140 (Karn.)(HC)
S. 254(1) : Appellate Tribunal-Duties-Co-operative societies-Tribunal while considering the issue of deduction under S. 80P(2)(a)(i) to Assessee suddenly shifted to Section 80P(4) and held that the assessee is not entitled for the benefit of S. 80P(4) without providing an opportunity to the Assessee- Order of Tribunal s set aside. [S.80P(2)(a)(i), 80P(4)]