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A circular issued by the department is not binding on the Income-tax Appellate Tribunal also.

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Sec. 80P of the Income-tax Act, 1961 – Deduction – The claim for deduction under section 80P (2) of the Act made by the appellants was denied by the AO by treating them as Co-operative Banks and not as Primary Agricultural Credit Societies. CIT(A) by following the judgment of in case of Chirakkal Service Co-operative Bank Ltd. v. CIT [2016] 68 taxmann.com 298/239 Taxman 417/384 ITR 490, allowed the appeals and directed the AO to grant deduction under section 80P (2) of the Act, on the ground that the assessees are classified as Primary Agricultural Credit Societies by the Registrar of Co-operative Societies. The revenue filed appeals filed before ITAT. The assessees filed cross objections supporting the orders passed by the first appellate authority. The Tribunal also relied upon the decision of this Court in Chirakkal Service Co-operative Bank Ltd case and dismissed the appeals filed by the revenue. The cross objections filed by the assessees were also dismissed. Though the decision of the Tribunal was in their favour, the assessees filed appeals, raising only the grievance that the Tribunal did not consider the effect of the circular issued by the department in the matter. High Court dismissed the appeals of the assessee holding that:– “No substantial question of law arises for consideration in these appeals” – KUTHANNUR SERVICE CO-OPERATIVE BANK LTD. Vs. ITO [2020] 271 TAXMAN 118 (KER)

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