Section 80p

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This query is : Resolved

JAYAKUMAR.M.G

JAYAKUMAR.M.G (Querist)

05 August 2019 Dear Experts
A Primary Agricultural Co Operative Society filed their return belatedly during March 2019 for A Y 2018-19. Now Intimation u/s 143 issued disallowing the claim of 80 P and taxes at Normal rate , In this case what is the remedy available to the assesee to get the relief of 80 P . Please advice

Radhakrishnan K.V.

Radhakrishnan K.V. (Expert)

13 August 2019 I am sure the incidence happened in Kerala, the only State where High Court, ITAT, Advocates, CAs, Officers of Income Tax and even co-operative trainers hold that a Co-operative Society ought to be a Primary Agricultural Credit Co-operative Society (and have to prove it is really functioning as such) in order to avail deduction u/s 80P. In all other States deductions u/s 80P are being allowed to all types of co-operative societies other than those are licensed by RBI.
In the instant case you have to file appeals one after the other, before CIT (Appeals), ITAT, High Court and finally Supreme Court where the issue is pending in the case of Sagar Credit Co-operative Society, Mangalore (SLP No. 3222 of 2015) filed by revenue and in another case file by Kerala State Co-operative Agricultural Rural Development Bank (SLP No: 028224 of 2016).

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