Allowing the appeal of the revenue the Court held that, the assessee which claims the status and the benefits of a primary agricultural credit society would have to substantiate that its main object of incorporation continues to be fulfilled. It has to obtain a certificate from the competent authority by producing the relevant facts and figures including the balance-sheet and profit and loss account to show that it satisfies the requirements of the second proviso to section 2(oa) of the 1969 Act, to claim the status of a primary co-operative agricultural society. The certificate of registration of a society as primary agricultural credit society is not conclusive evidence that the primary object of the principal business undertaken by that society is to provide financial accommodation to its members for agricultural purposes or for purposes connected with agricultural activities, and the society is not entitled to deduction under section 80P merely on the strength of the certificate of registration issued under section 8(1) of the 1969 Act. On a claim for deduction under section 80P of the 1961 Act, by reason of sub-section (4) thereof, the Assessing Officer has to conduct an enquiry into the factual situation as to the activities of the assessee-society and arrive at a conclusion whether or not the benefits can be extended in the light of the provisions thereunder. (AY. 2007 -08 to 2010-11 2012-2013)
CIT v. Poonjar Service Co-Operative Bank Ltd. (2019) 414 ITR 67 (FB) (Ker.) (HC)/Mavilayi Service Co -Operative Bank Ltd v. CIT ( 2019) 414 ITR 67/ 309 CTR 121 ( FB) (Ker) (HC) PCIT v. Vazhappally Service Co -Operative Bank Ltd ( 2019) 309 CTR 121 ( FB) (Ker) (HC) Editorial: ITO v. Ettumanoor Service Co- Operative Bank Ltd.( 20160 52 ITR 132 ( SN) ( Cochin) (Trib) ITO v. Sahyadri Cohin- Co-Operative Credit Society Ltd ( 2017) 60 ITR 135 (Cochin) ( Trib) is reversed .Editorial: SLP is granted to the assessee Mavilayi Service Co -Operative Bank Ltd v. CIT ( 2019) 418 ITR 12 (St) (SC)
S. 80P : Co-operative societies–Co–Operative Bank-Assessee must substantiate that its main object of incorporation continues to be fulfilled In relevant assessment year-Benefit is not allowable solely on basis of certificate of registration-Assessee is not entitled to deduction if it ceases to be of specified class of society in any year even if it was eligible for initial years. [S. 80P(4)]