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Name doesn’t decide 80P: ITAT allows deduction based on actual activities

Case Law Details

Case Name
Sagara Town House Building Cooperative Society Ltd. Vs ITO (ITAT Bangalore)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
Advertisement Sagara Town House Building Cooperative Society Ltd. Vs ITO (ITAT Bangalore) The ITAT Bangalore held that eligibility for deduction under section 80P cannot be denied merely based on the name or selective reading of objects of a co-operative society; the actual activities and full scope of byelaws must be examined. In this case, the AO denied deduction under section 80P(2)(a)(i) on the ground that the society’s primary object was land-related activities, and not providing credit facilities. The CIT(A) upheld this view. However, the Tribunal noted that the byelaws (specificall...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,900

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