Eluru Co-Operative House Mortgage Society Ltd. v. ITO (2018) 403 ITR 172 (T&AP) (HC)

S. 80P : Co-operative societies – Mere inclusion of name originally and object in bye-laws of society is not conclusive, deduction is eligible .

Allowing the appeal of the assessee the Court held that ;  without reference to a single transaction that the assessee had with any non-member, the Tribunal upheld the findings of the Assessing Officer merely on the basis of the name of the assessee and one of the objects clauses in the bye-laws of the assessee. Therefore, the finding of the Tribunal was obviously perverse and such a finding could not have been recorded on the basis of the material available on record. The assessee was entitled to the  deduction under S. 80P  of the Act . (AY. 2007-08, 2008-09, 2009-10