JANJIVHALA SAHAKARI PATSANSTHA MARYADIT,MUMBAI vs. ITO 15(2)(1), MUMBAI
What did the Tribunal hold?
The Tribunal found a relevant precedent from a previous ITAT decision on a similar issue. Both parties agreed to remand the matter for fresh adjudication.
What were the facts?
The assessee's appeal concerned the correct head of income for taxing interest receipts earned from banks and societies. The CIT(A) had confirmed taxation under 'income from other sources'.
What were the issues?
The key issue was the proper classification of interest income for tax purposes. The tribunal considered a prior ITAT ruling on the matter.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI
Before: SHRI D. KARUNAKARA RAO
सुनवाई की तायीख / Date of Hearing : 30.06.2016 घोषणा की तायीख /Date of Pronouncement : 30.06.2016 आदेश / O R D E R
PER D. KARUNAKARA RAO, AM:
This appeal filed by the assessee on 30.1.2015 is against the order of the CIT (A)-26, Mumbai dated 20.10.2014 for the assessment year 2010-2011.
The only issue raised in this appeal relates to the proper head of income for taxing the interest receipts earned by the society from the banks / societies where the funds are parked either under the statutory obligation or otherwise. At the outset, Ld Counsel for the assessee submitted that the CIT (A) decided to confirm the taxability of interest receipts under the head income from other sources in view of the absence of precedent at the relevant point of time on this issue. In this regard, Ld Counsel for the assessee filed a copy of the order of the Tribunal in the case of M/s. Jaoli Taluka Sahakari vs. ITO in (AY 2010-2011), dated 10.8.2015 and submitted that the assessee will get relief if the ratio of the said decision of the Tribunal (SMC Bench) is examined and applied to the instance case.
Recent GST High Court judgments
Search GST case law →- Sushama Mishra vs. The Commissioner Of CT And GST, Odisha, KatakOrissa · 28 Oct 2026
- Saudamini Samantray vs. Assistant Commissioner Of State Tax, CT And GST, Bhubaneswar IiOrissa · 28 Oct 2026
- M/S. Keshav Rice Mill, Ganjam vs. Chief Commissioner, CT And GST, Odisha, KatakaOrissa · 28 Oct 2026
- M/S. Nanda Contruction PVT. LTD., Angul vs. Additional Commissioner, GST And Central Excise Commissionerate, SundergarhOrissa · 28 Oct 2026
- M/S Utkal Suppliers,Ganjam vs. Assistant Commissioner Of CT And GST, Ganjam-I Circle,GanjamOrissa · 28 Oct 2026