KUTHUPARAMBA RANGE KALLUCHETHU VYAVASAYA THOZHILALI SAHAKARANA SANGHAM LTD Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) Co-operative Societies engaged in tapping of toddy and vending it through licensed shops are the assessees in all these appeals. The question raised in one of the appeals [I.T.A.No.273 of 2015] is whether the Society-assessee can claim a deduction when no return was filed. In all the other cases, returns were filed; but the question arises as to whether the Societies were entitled to claim deduction under Section 80P(2)(iii) of the Income Tax Act, 1961 [for brevity "IT Act"].

(2.) The questions of law framed in the appeals are re-framed as follows: I.T.A. No.273/2015:

(3.) I.T.A.No.273 of 2015 is considered first. The learned Senior Counsel would point out Section 80A(1) of the IT Act, to contend that the exemption as applicable to Co-operative Societies under Section 80P is a deduction of the total income and, hence, the same could be applied even without a return filed. Commissioner of Income Tax v. Yokogawa India Ltd. (2017) 291 CTR 1 (SC) is relied on to contend that the deduction being available to the total income, de hors the technical defect of return having been filed, the Assessing Officer [AO] ought to have allowed the deduction at the point of computing of gross total income as provided under Chapter IV.