Income Tax Appellate Tribunal - Chennai
Ito, Coimbatore vs Veerakeralam Primary Agricultural ... on 25 November, 2016
आयकर अपील य अ
धकरण,'सी' यायपीठ, चे नई
IN THE INCOME TAX APPELLATE TRIBUNAL
'C' BENCH, CHENNAI
ीएन.आर.एस. गणेशन, या यकसद य एवं
ी ए. मोहन अलंकामणी,लेखा सद य केसम"
BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND
SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER
आयकर अपील सं./ITA No. 630/Mds/2016
नधा#रण वष# /Assessment Year : 2012-13
The Income Tax Officer, v. M/s.Veerakeralam Primary
Non Corporate Ward -4(2), Agricultural Cooperative Society,
63-A, Race Course Road, No.17, Periya Thottam Colony,
Coimbatore. Veerakeralam,
Coimbatore - 641 007.
PAN : AAAAV 3131 G
(अपीलाथ&/Appellant) ('(यथ&/Respondent)
अपीलाथ& क) ओर से/Appellant by : Shri A.V.Sreekanth, JCIT
'(यथ&क)ओरसे/Respondent by : None
सन
ु वाईक)तार ख/Date of Hearing : 04.10.2016
घोषणाक)तार ख/Date of Pronouncement : 25.11.2016
आदे श /O R D E R
PER N.R.S. GANESAN, JUDICIAL MEMBER:
This appeal of the revenue is directed against the order of CIT(A)-3, Coimbatore dated 15.12.2015 and pertains to assessment year 2012-13. 2 I.T.A. No.630/Mds/2016
2. The notice of hearing was served on the assessee by R.P.A.D. The Registry has placed on record the postal acknowledgement as a proof of service of notice of hearing. In spite of receipt of notice by R.P.A.D., the assessee has not choose to appear before this Tribunal. Therefore, we have heard the learned Representative for the Department and proceeded to dispose off the appeal on merit.
3. Shri A.V.Sreekanth, the learned representative for the department submitted that the only issue arises for consideration is disallowance of deduction claimed by the assessee under Section 80P of the Act. The assessing officer disallowed the claim of the assessee under Section 80P on the ground that the assessee is a bank within the meaning of Section 80P(4). However, the CIT(A) by placing reliance in the order of ITAT in the assessee's own case in ITA No.2287/Mds/2013 dated 21.03.2014, for assessment year 2008-09, allowed the claim of the assessee. According to the learned representative, the assessee cannot be considered to be a credit cooperative society.
4. We have considered the submission of the department representative and also perused the material available on record. The issue arises for consideration is whether the assessee is a cooperative bank or a credit society. It was examined by this Tribunal in the assessee's own case for assessment year 2008-09 and found that the assessee is a credit society and eligible for deduction under Section 80P of the Act. Similar view was taken by Madras High 3 I.T.A. No.630/Mds/2016 Court in the assessee's own case in Tax Case Appeal Nos.735, 755 of 2014 and 460 of 2015 dated 05.07.2016.
5. In view of the judgment of the Madras High Court in assessee's own case, this Tribunal do not find any reason to interfere with the order of the lower authority and accordingly, the same is confirmed.
6. In the result, the appeal of the revenue is dismissed.
Order pronounced on 25th November, 2016 at Chennai.
Sd/- Sd/-
(ए. मोहन अलंकामणी) (एन.आर.एस. गणेशन)
(A. Mohan Alankamony) (N.R.S. Ganesan)
लेखा सद य/Accountant Member या यक सद य/Judicial Member
चे नई/Chennai,
.दनांक/Dated, the 25th November, 2016.
sp.
आदे श क) ' त/ल0प अ1े0षत/Copy to:
1. अपीलाथ&/Appellant
2. '(यथ&/Respondent
3. आयकर आयु2त (अपील)/CIT(A)
4. आयकर आयु2त/CIT,
5. 0वभागीय ' त न
ध/DR
6. गाड# फाईल/GF.