Mahapalika Kshetra Madhyamik Shikshak Sahakari Patsanstha Maryadit v. ITO (2020) 180 ITD 267 / 188 DTR 23/ 204 TTJ 92(Mum.)(Trib.)

S. 80P : Co-operative societies–Financial assistance to members- Not registered as bank by RBI cannot be categorised as a co -operative bank -Not be hit by provisions of S.80P(4)-Entitle to deduction.-Matter remanded to CIT ( A) [S. 80P(2)(a)(i)Banking Regulation Act , 1949 ,]

Assessee claimed deduction under S. 80P(2)(a)(i) of the Act. AO disallowed    on grounds that assessee was a co-operative bank and, thus, hit by provisions of S.80P(4) and was not eligible for deduction under S.80P(2)(a)(i) of the Act.  On appeal the Tribunal held that the assessee is providing financial assistance/credit to its members only and not to general public and the assessee is not recognized as a bank by Reserve Bank of India. Accordingly the is a co-operative credit society and not a co-operative bank, therefore, it would not be hit by provisions of S. 80P(4) hence eligible for deduction under S. 80P(2)(a)(i) of the Act. Tribunal also held that the CIT (A) bifurcated the claim in to section 80P(2) (a)(i) and 80P(2)(d) without any opportunity to the assessee , the matter remanded to the CIT (A) for consideration afresh. ( AY. 2012-13, 2013-14)