The Presbyterian Church Co-operative Credit and Thrift Society Ltd. v. ITO (2024) 112 ITR 289 /163 taxmann.com 1070 (Jaipur)(Trib.)

S. 80P: Co-operative societies-Mentioning of status in the return of income as ‘AOP’ as against ‘co-operative society’ would not disentitle the assessee the benefits of deduction claimed u/s. 80P (2)(a)(i) of the Act. [S. 2(31), 80P(2(a)(i), 139, 143(1)]

The assessee has filed its return of income as AOP for AY 2019-20 on 29.08.2019 by admitting NIL income after claim of deduction under section 80P(2a)(i) for Rs. 5.08 lacs. The CPC issued intimation u/s. 143(1) of the Act by denying exemption claimed on the ground that the status shown in the return of income as shown as AOP. Therefore, the assessee filed rectification application but the same was rejected. The appeal filed by the assessee against intimation and rectification order were rejected by the assessee. However, on further appeal, the Tribunal noted that u/s. 2(31) of the Act there is no distinct status  for co-operative society and PAN of the assessee also shows status of the assessee as AOP/BOI, that ITR-5 also mentions status of AOP/BOI and sub-status as cooperative society.  The Tribunal held that considering the object of the society being lending money to its member the deduction was correctly claimed by the assessee in its return of income filed and so the reasons advanced by the revenue on this part had no force and were purely based on surmises and conjecture. Thus, the Tribunal directed the AO to allow the claim of the assessee as claimed in the ITR u/s. 80P (2)(a)(i) of the Act.(AY. 2019-20)