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Thavinjal Service Co-op. Bank Ltd. vs. The Income Tax Officer

Case No: ITA No. 321/Coch/2023
Court: Income Tax Appellate Tribunal, Cochin Bench
Date: 9/25/2024

Parties Involved

appellantThavinjal Service Co-op. Bank Ltd.
respondentThe Income Tax Officer

Facts Summary

The case involves an appeal by Thavinjal Service Co-op. Bank Ltd. against the disallowance of a deduction under Section 80P of the Income Tax Act, 1961. The assessee claimed the deduction in its return filed on 16.09.2012 for the assessment year 2010-11. The Revenue argued that the assessee should not have claimed the deduction as it was filed beyond the due date. However, the assessee argued that the case law of Chirakkal Service Co-operative Bank Ltd. v. CIT [2016] 384 ITR 490 (Ker) supports its claim. The Tribunal found that the assessee was not a co-operative bank as defined under the Banking Regulation Act, 1949, and hence, was eligible for the deduction under Section 80P.

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the assessee is eligible for the deduction under Section 80P of the Income Tax Act, 1961?

Judgment Outcome

Decided in favour of Assessee.

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