Beed Taluka Dhud Vavsayik Sahakarisangh Ltd, Beed V. Income tax Officer, Beed

ITA 293/PUN/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 9556 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 4 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-07-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 01-07-2019
• Assessment Year: 2012-2013
• Appeal Filed On: 06-02-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: N ASHOK BABU
• Section: 80P

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUNE , , , BEFORE SHRI ANIL CHATURVEDI, AM AND SHRI VIKAS AWASTHY, JM . / ITA NO . 293 /P U N/201 7 / ASSESSMENT YEAR : 20 1 2 - 13 BEED TALUKA DHUD VAVSAYIK SAHAKARISANGH LTD., MANZARI PHATA, AT POST PALI, DISTT. - BEED - 431122 PAN : AAATB8131F ....... / APPELLANT / V/S. THE INCOME TAX OFFICER, WARD 1, BEED / RESPONDENT ASSESSEE BY : N O N E (WRITTEN REQUEST TO WITHDRAW APPEAL RECEIVED THROUGH POST) REVENUE BY : SHRI N. ASHOK BABU / DATE OF HEARING : 01 - 07 - 2019 / DATE OF PRONOUNCEMENT : 01 - 0 7 - 2019 / ORDER PER VIKAS AWASTHY, JM : TH IS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 2, AURANGABAD DATED 17 - 08 - 2016 FOR THE ASSESSMENT YEAR 2012 - 13. 2. AN APPLICATION DATED 26 - 04 - 2019 FROM THE ASSESSEE/APPELLANT HAS BEEN RECEIVED THROUGH SPEED POST ON 29 - 04 - 2019 WITH A PRAYER TO WITHDRAW THE APPEAL. THE RELEVANT EXTRACT OF THE APPLICATION READS AS UNDER : 2 ITA NO .293/PUN/2017, A.Y. 2012 - 13 SUB : REQUEST FOR WITHDRAWAL OF APPEALS REG. REF : I] APPEAL FILED AGAINST O RDER OF CIT(A) - 2 AURANGABADS NO. ABD/CIT(A) - 2/28/2015 - 2016 DT. 17 - 08 - 2016 FOR A.Y. 2012 - 13; II] PAN. AAATB8131F III] NOTICE OF APPEAL NO. 293/PUN/2017 DT. 17 - 08 - 2016 - HEARING FIXED ON 30 - 04 - 2019. ------------------------------------------------------------------------------------------------------------------- PLEASE REFER TO THE ABOVE. 2] IN CONTEXT TO THE ABVE, IT IS SUBMITTED THAT : - (I) VIDE APPELLATE ORDER OF CIT(A) - 2, ABAD, UNDER REF ERENCE, THE DISALLOWANCE OF CLAIM MADE U/S. 80P(2)(B) WAS CONFIRMED, AS THE APPELLANT BEING A FEDERATION OF PRIMARY MILK PROCURING SOCIETIES. (II) FURTHER, RECENTLY, ASSESSEE CAME TO KNOW THAT SUCH DEDUCTION U/S. 80P(2)(B) IS NOT ALLOWABLE TO THE FEDERATI ON, AS OBSERVED BY THE HON. SUPREME COURT IN THE CASE OF THE CITIZEN CO - OP SOCIETY LTD. VS. ACIT REPORTED IN (2017) 397 ITR 0001 (SC), DATED 08/08/2017, IN PARA 21 GIVING REFERENCE OF DECISION OF CIT VS. PUNJAB STATE CO - OP BANK LTD., (2008) 300 ITR 24 (P UN & HAR HC) 21. IN THE CASE OF COMMISSIONER OF INCOME TAX V. PUNJAB STATE CO - OPERATIVE BANK LTD., (2008) 300 ITR 24 (PUNJAB & HARYANA H.C.), WHILE DEALING WITH AN IDENTICAL ISSUE, THE HIGH COURT OF PUNJAB AND HARYANA HELD AS FOLLOWS: 8. T HE PROVISIONS OF SECTION 80P WERE INTRODUCED WITH A VIEW TO ENCOURAGING AND PROMOTING THE GROWTH OF THE CO - OPERATIVE SECTOR IN THE ECONOMIC LIFE OF THE COUNTRY AND IN PURSUANCE OF THE DECLARED POLICY OF THE GOVERNMENT. THE DIFFERENT HEADS OF EXEMPTION ENUMERATED IN THE SECTION ARE SEPARATE AND DISTINCT HEADS OF EXEMPTION AND ARE TO BE TREATED AS SUCH. WHENEVER A QUESTION ARISES AS TO WHETHER ANY PARTICULAR CATEGORY OF AN INCOME OF A CO - OPERATIVE SOCIETY IS EXEMPT FROM TAX, THEN IT HAS TO BE SEEN WHETHER SUCH INCOME FELL WITHIN ANY OF THE SEVERAL HEADS OF EXEMPTION. IF IT FELL WITHIN ANY ONE HEAD OF EXEMPTION,.... IT MEANS THAT A CO - OPERATIVE SOCIETY ENGAGED IN CARRYING ON THE BUSINESS OF BANKING AND A CO - OPERATIVE SOCIETY PROVIDING CREDIT FACILITIES TO ITS MEMBERS WILL B E ENTITLED FOR EXEMPTION UNDER THIS SUB - CLAUSE. THE CARRYING ON THE BUSINESS OF BANKING BY A COOPERATIVE SOCIETY OR PROVIDING CREDIT FACILITIES TO ITS MEMBERS ARE TWO DIFFERENT TYPES OF ACTIVITIES WHICH ARE COVERED UNDER THIS SUB - CLAUSE. XX XX XX 13. SO, IN OUR VIEW, IF THE INCOME OF A SOCIETY IS FALLING WITHIN ANY ONE HEAD OF EXEMPTION, IT HAS TO BE EXEMPTED FROM TAX NOTWITHSTANDING THAT THE CONDITION OF OTHER HEADS OF EXEMPTION ARE NOT SATISFIED. A READING OF THE PROVISIONS OF SECTION 80P OF THE ACT WOULD INDICATE THE MANNER IN WHICH THE EXEMPTION UNDER THE SAID PROVISIONS IS SOUGHT TO BE EXTENDED. WHENEVER THE LEGISLATURE WANTED TO RESTRICT THE EXEMPTION TO A PRIMARY CO - OPERATIVE SOCIETY, IT WAS SO MADE CLEAR AS IS EVIDENT FROM CLAUSE (F) WITH RE FERENCE TO A MILK CO - OPERATIVE SOCIETY THAT A PRIMARY SOCIETY ENGAGED IN SUPPLYING MILK IS ENTITLED TO SUCH EXEMPTION WHILE DENYING THE SAME TO A FEDERAL MILK CO - OPERATIVE SOCIETY. 3] IN VIEW OF THE ABOVE NARRATED FACTS AND CONSIDERING OBSERVATION OF APE X COURT CITED SUPRA, APPELLANT MAY PLEASE BE PERMITTED TO WITHDRAW THE APPEAL, UNDER REFERENCE, AND OBLIGE. 3 ITA NO .293/PUN/2017, A.Y. 2012 - 13 INCONVENIENCE CAUSE, IF ANY, IS VERY MUCH REGRETTED. THANKING YOU SIR, IN ANTICIPATION. YOURS SINCERELY, SD/ - (SHRI KHANDE S.G.) M.D. BEED TALUKA DHUD VAVSAYIK SAHAKARI SANGH LTD., MANZARI PHATA, OF POST : PALI 3. SHRI N. ASHOK BABU REPRESENTING THE DEPARTMENT SUBMITTED THAT THE DEPARTMENT HAS NO OBJECTION IN CASE THE ASSESSEE WISHES TO WITHDRAW THE APPEAL. 4. IN VIEW OF THE WRITTEN REQUEST MADE BY THE ASSESSEE/APPELLANT THE APPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT AFTER HEARING OF THE APPEAL ON MONDAY, THE 01 ST DAY OF JULY, 2019. SD/ - SD/ - ( / ANIL CHATURVEDI ) ( / VIKAS AWASTHY) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE; / DATED : 01 ST JU LY, 2019 . RK / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 2, AURANGABAD 4. THE PR. COMMISSIONER OF INCOME TAX - 2, AURANGABAD 5 . , , , / DR, ITAT, A BENCH, PUNE. 6 . / GUARD FILE. / / // TRUE COPY// / BY ORDER, / PRIVATE SECRETARY, , / ITAT, PUNE