Assessee was a state level agricultural and rural development bank governed as a co-operative society under Kerala Co-operative Societies Act, 1969 and is engaged in providing credit facility to its members. Assessing Officer disallowed deduction under section 80P(2)(a)(i) on ground that the assessee was a co-operative bank and, thus, was hit by section 80P(4) of the Act. and would not be eligible for deduction under section 80P(2). The disallowance is affirmed by the Tribunal. Order of Tribunal is affirmed by the High Court. On appeal the Court held that the assessee-society is an apex co-operative society within meaning of State Act, 1984 whose primary object was to provide financial accommodation to its members who were all other co-operative societies and not members of public, it was not a co-operative bank within meaning of section 5(b) read with section 56 of Banking Regulation Act, 1949. Accordingly the deduction under section 80P could not be denied by invoking section 80P(4) of the Act.(AY. 2007-08)
Kerala State Co-Operative Agricultural & Rural Development Bank Ltd. v. Assessing Officer (2023) 458 ITR 384 /295 Taxman 675 / 334 CTR 601(SC) Editorial: Reversed, Kerala State Co-Operative Agricultural & Rural Development Bank Ltd. v. Assessing Officer (2016) 238 Taxman 638/ 383 ITR 610(Ker)(HC), Kerala State Co-Operative Agricultural & Rural Development Bank Ltd. v. ITO (2019) 70 ITR 28 (SN) (Chochin)(Trib) Kerala State Co-Operative Agricultural & Rural Development Bank Ltd. v. ITO (2019)72 ITR 523 (Cochin)(Trib)
S. 80P : Co-operative societies-An apex co-operative society within meaning of State Act, 1984-Primary object is to provide financial accommodation to its members who were all other co-operative societies and not members of public-Not a co-operative Bank-Entitle to deduction. [S.80P(2)(a)(i), 80P(4), Banking Regulation Act, 1949, S.56, Kerala Co-operative Societies Act, 1969]