IN HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 537 OF 2017 Pr. Commissioner of Income Tax 27.Appellant. Versus BARC Employee Co op. Credit Society Ltd. Respondent. Mr. A.R. Malhotra, advocate for appellant. Mr. Devendra H. Jain, advocate for respondent. CORAM : AKIL KURESHI & S.J. KATHAWALLA, JJ. DATE : 29TH JULY, 2019. P.C.: 1 Heard learned Counsel for parties. 2 This appeal is filed by Revenue challenging Judgment of Income Tax Appellate Tribunal. Following question is presented for our consideration. 1. Whether on facts and in circumstances of case, and in law Hon'ble ITAT was correct in allowing deduction u/s. 80P(2)(a)(i) to assessee even though same is covered u/s. 80P(4) r.w.s. 2(24)(viia) being income from providing credit facilities carried on by co operative society with its member ? 3 Tribunal in impugned Judgment has referred to and relied upon decision of Division Bench of this Court in Talwalkar ::: Uploaded on - 02/08/2019 ::: Downloaded on - 02/08/2019 16:01:21 ::: 2 34.itxa537.17.doc case of M/s. Quepem Urban Co operative Credit Society Ltd. V/s. Assistant Commissioner of Income tax Circle 1 in order to uphold decision of CIT(Appeal) and dismissed Revenue Appeal. In such decision, under similar circumstances, Court has held that credit cooperative society rendering facility of credit to its member would be entitled to deduction under section 80P(2)(a)(i) of Income Tax Act, 1961. Issue being covered by Judgment of this Court, no question of law arises. Income Tax Appeal is dismissed. (S.J.KATHAWALLA, J.) (AKIL KURESHI, J.) Talwalkar Pr. Commissioner of Income-tax-27 v. BARC Employee Co-op. Credit Society Ltd