Chirakkal Service Co-Operative Bank Ltd. Kannur v. CIT

68 Taxmann.com 298High Court2016#1841 most cited

What is Chirakkal Service Co-Operative Bank Ltd. Kannur v. CIT authority for?

A deduction under Section 80P can be claimed by an assessee even if the return of income is filed belatedly under Section 139(4), provided a return has been filed.

62

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2017 to 2026.

Also referred to as

Chirakkal Service Co-Operative Bank Ltd. · Section 80P deduction · belated return · Section 139(4) · claim for deduction · co-operative society · filing of return · income tax

Sections most often in play

Section 80PSection 139(1)Section 148Section 142(1)Section 80ACSection 139(4)Section 80A(5)Section 147

Issues it is cited on

section 80ac(ii)section 143(1)(a)(v)section 143(l)(a)section 80a(5)section 143(1)(a)(ii)section 10basection 80acsection 80asection 139(4)section 10bsection 22(1)section 80p(1)

Judgments citing Chirakkal Service Co-Operative Bank Ltd. Kannur v. CIT

The Mannur Service Co-Op Bank Ltd, Palakkad vs. The ITO WD-2, Palakkad

In the result, the appeal filed by the assessee is dismissed

ITA 215/COCH/2019[2010-11]Status: DisposedITAT Cochin04 Sept 2019AY 2010-11

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Sri.Sivadas ChittoorFor Respondent: Smt.A.S.Bindhu, Sr.DR
Section 139Section 139(1)Section 139(4)Section 142(1)Section 144Section 148Section 80ASection 80A(5)Section 80P

…s of section 139 or in response to Notice u/s 148 and 142(1) issued by the Assessing Officer at any stage. There is no evidence of filing of return by the appellant till date. In the case cited supra (Chirakkal Service Co- operative Bank Ltd. & Others [(2016) 68 Taxmann.com 298 (Kerala)], the Hon’ble High Court has decided the issue in favour of the assessee subject to condition that a return of income has been filed even if it is filed belatedly. It is not the case of the appellant here that the return of income making such claim has been filed even belatedly. Since no return has been filed by the appellant, it…

M/S.Aptean Software India Pvt. Ltd., Bangalore vs. Deputy Commissioner of Income-Tax, Bangalore

In the result, the assessee’s appeal is allowed

ITA 1826/BANG/2016[2012-13]Status: DisposedITAT Bangalore21 Apr 2017AY 2012-13

Bench: Shri. Vijay Pal Rao

For Appellant: Shri. G. S. Prashanth, CAFor Respondent: Shri. G. R. Reddy, CIT –DR-I
Section 143(3)Section 92C

…595,545,449 Persistent Systems Ltd 8,103,640,000 Mindtree Ltd 12,558,000,000 The AR also submitted that if the turnover plea is considered in its favour, all other grounds become academic. 05. We heard the rival submissions and find merit in the assesssee’s 68 Taxmann.com 298 (Bang-Trib), the above 3 comparables are directed to be excluded from the list of comparables. 06. In the result, the assessee’s appeal is allowed. Order pronounced in the open court on 21st day of April, 2017. (VIJAY PAL RAO) ACCOUNTANT MEMBER…