| Citation(s) |
|---|
| 2008 SLG 4229 2008 SLD 4229 (2008) 306 ITR 151 |
Madras High Court
T.C (A) No. 2451 OF 2006 OCTOBER 26, 2006
P. D. DINAKARAN AND P.P.S., JANARTHANA RAJA, JJ.
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T.C (A) No. 2451 OF 2006 OCTOBER 26, 2006
P. D. DINAKARAN AND P.P.S., JANARTHANA RAJA, JJ.
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Commissioner of IncomE tax
v.
Attur Agricultural Producers Co-Operative Marketing Society Ltd.
Law:
Section:
Section 80P of Income-tax Act, 1961 - Deductions - Income of Co-operation societies Assessee co-operative society, which is engaged in marketing of agricultural produce, is eligible for benefit of section 80P(2)(a)( i) in respect of interest received from members on loan advanced to them Where the assessee was a co-operative society engaged in the marketing of agricultural products and it advanced loans to its members and received interest therefrom. Held that in view of the decision in CIT v. Salem Co-operative Sugar Mills Ltd. [2006] 286 ITR 635 (Mad.), the assessee was eligible for the benefit of section 80P(2)(a)(i ) in respect of the interest received from its members. J. Narayanaswamy for the Appellant. JUDGMENT P.D. Dinakaran, J.-The above tax case is directed against the order of the Income-tax Appellate Tribunal made in I. T. A No. 689/Mds/2001, dated January 6, 2006, with reference to the assessment year 1996-97. 2. The Revenue is the appellant. The assessee is a co-operative society engaged in the marketing of agricultural products. The assessee advanced loans to its members and received interest therefrom. The assessee had claimed deduction under section 80P(2)(a)( i) of the Income-tax Act, 1961, and the Assessing Officer negatived the claim of the assessee as the primary objective of the assessee is not that of the credit society that is engaged in the business of banking. On appeal, by the assessee, the Commissioner of Income-tax (Appeals), following the appellate order for the assessment years 1993-94 and 1994-95 held that the assessee is entitled to deduction in respect of interest income received on advances made to his customers for the purpose of deduction under section 80P of the Income-tax Act. The said order of the Commissioner of Income-tax (Appeals), on appeal by the Revenue, was confirmed by the Tribunal. 3. Exasperated, the Revenue has preferred this appeal by raising the…
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