CIT v. Krishak Sahkari Ganna Samiti Limited

CO-OPERATIVE CANE DEVELOPMENT UNION LTD.,BAHRAICH vs. INCOME TAX OFFICER-1, BAHRAICH

In the result, all the three appeals are partly allowed

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharyita Nos.599, 600 & 601/Lkw/2025 A.Ys. 2013-14, 2018-19 & 2020-21 Cooperative Cane Development Vs. Income Tax Officer-1, 423A, Union Ltd., Bahraich, C/O Vaishnavpuram, Huzoorpur Ayyubi Chambers, Raniganj, Road, Bahraich, Uttar Pradesh Lakhimpur Kheri-262701, U.P. 271801 Pan: Aaaac8503F (Appellant) (Respondent) Assessee By: Sh. K.R. Rastogi, C.A. Revenue By: Sh. R.R.N. Shukla, Addl Cit Dr Date Of Hearing: 21.01.2026 Date Of Pronouncement: 30.01.2026 O R D E R Per Bench These Three Appeals Have Been Filed Against The Orders Of The Ld. Cit(A), Nfac On 25.06.2025 (For The Assessment Year 2013-14) & 26.06.2025 (For The Assessment Year 2018-19) & 4.07.2025 (For The Assessment Year 2020-21), Wherein The Ld. Cit(A) Has Partly Allowed The Appeals Of The Assessee Against The Various Orders Passed By The Ld. Ao Under Section 143(3) For The Assessment Years 2013-14, 2018-19 & 2020-21. The Grounds Of Appeal In The Aforesaid Three Appeals Are As Under:- A.Y. 2013-14 “(1) That The Authorities Below Erred On Facts & In Law In Not Allowing Deduction U/S 80P(2)(A)(Iii) & 80P(2)(I) Of I. T. Act On Interest Received On Investments Held With Banks In Form Of F.D.R.'S & Interest On Saving Bank Account Rs. 72,38,730/-. (2) That The Authorities Below Erred On Facts In Not Considering Investments In Deposits With Banks Has Been Made As Per Statutory Requirements & The Interest So Realized On Such Investments Shall Be Attributable To The Activity Of Providing Credit Facilities & Marketing Agriculture Produce. Cooperative Cane Development Union Ltd. A.Ys. 2013-14, 2018-19 & 2020-21

…s. No.285/Lkw/2015, 474/Lkw/2015, 525/Lkw/2015, 536/Lkw/2015 and 540/Lkw/2015. The Hon’ble ITAT, Lucknow Bench after considering the byelaws and the statutory rules, the decisions of Hon’ble Allahabad High Court in CIT vs. Krishak Sahkari Ganna Samiti Limited 258 ITR 594 (Alld)and CIT vs. Cooperative Cane Development Union Limited 118 ITR 770 (Alld) and the decisions of the Tribunal in Income Tax Officer vs. Sahkari Ganna Vikas Samiti, Rupapur Chouraha (Munder), Hardoi in ITA No. 467/Lkw/2013 held as under:- “7.1 Now the parties are again before us. We find that assessees had earned interest from fixed deposits f…

CO-OPERATIVE CANE DEVELOPMENT UNION LTD.,BAHRAICH vs. INCOME TAX OFFICER-1, BAHRAICH

In the result, all the three appeals are partly allowed

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharyita Nos.599, 600 & 601/Lkw/2025 A.Ys. 2013-14, 2018-19 & 2020-21 Cooperative Cane Development Vs. Income Tax Officer-1, 423A, Union Ltd., Bahraich, C/O Vaishnavpuram, Huzoorpur Ayyubi Chambers, Raniganj, Road, Bahraich, Uttar Pradesh Lakhimpur Kheri-262701, U.P. 271801 Pan: Aaaac8503F (Appellant) (Respondent) Assessee By: Sh. K.R. Rastogi, C.A. Revenue By: Sh. R.R.N. Shukla, Addl Cit Dr Date Of Hearing: 21.01.2026 Date Of Pronouncement: 30.01.2026 O R D E R Per Bench These Three Appeals Have Been Filed Against The Orders Of The Ld. Cit(A), Nfac On 25.06.2025 (For The Assessment Year 2013-14) & 26.06.2025 (For The Assessment Year 2018-19) & 4.07.2025 (For The Assessment Year 2020-21), Wherein The Ld. Cit(A) Has Partly Allowed The Appeals Of The Assessee Against The Various Orders Passed By The Ld. Ao Under Section 143(3) For The Assessment Years 2013-14, 2018-19 & 2020-21. The Grounds Of Appeal In The Aforesaid Three Appeals Are As Under:- A.Y. 2013-14 “(1) That The Authorities Below Erred On Facts & In Law In Not Allowing Deduction U/S 80P(2)(A)(Iii) & 80P(2)(I) Of I. T. Act On Interest Received On Investments Held With Banks In Form Of F.D.R.'S & Interest On Saving Bank Account Rs. 72,38,730/-. (2) That The Authorities Below Erred On Facts In Not Considering Investments In Deposits With Banks Has Been Made As Per Statutory Requirements & The Interest So Realized On Such Investments Shall Be Attributable To The Activity Of Providing Credit Facilities & Marketing Agriculture Produce. Cooperative Cane Development Union Ltd. A.Ys. 2013-14, 2018-19 & 2020-21

…s. No.285/Lkw/2015, 474/Lkw/2015, 525/Lkw/2015, 536/Lkw/2015 and 540/Lkw/2015. The Hon’ble ITAT, Lucknow Bench after considering the byelaws and the statutory rules, the decisions of Hon’ble Allahabad High Court in CIT vs. Krishak Sahkari Ganna Samiti Limited 258 ITR 594 (Alld)and CIT vs. Cooperative Cane Development Union Limited 118 ITR 770 (Alld) and the decisions of the Tribunal in Income Tax Officer vs. Sahkari Ganna Vikas Samiti, Rupapur Chouraha (Munder), Hardoi in ITA No. 467/Lkw/2013 held as under:- “7.1 Now the parties are again before us. We find that assessees had earned interest from fixed deposits f…

CO-OPERATIVE CANE DEVELOPMENT UNION LTD.,BAHRAICH vs. INCOME TAX OFFICER-1, BAHRAICH

In the result, all the three appeals are partly allowed

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharyita Nos.599, 600 & 601/Lkw/2025 A.Ys. 2013-14, 2018-19 & 2020-21 Cooperative Cane Development Vs. Income Tax Officer-1, 423A, Union Ltd., Bahraich, C/O Vaishnavpuram, Huzoorpur Ayyubi Chambers, Raniganj, Road, Bahraich, Uttar Pradesh Lakhimpur Kheri-262701, U.P. 271801 Pan: Aaaac8503F (Appellant) (Respondent) Assessee By: Sh. K.R. Rastogi, C.A. Revenue By: Sh. R.R.N. Shukla, Addl Cit Dr Date Of Hearing: 21.01.2026 Date Of Pronouncement: 30.01.2026 O R D E R Per Bench These Three Appeals Have Been Filed Against The Orders Of The Ld. Cit(A), Nfac On 25.06.2025 (For The Assessment Year 2013-14) & 26.06.2025 (For The Assessment Year 2018-19) & 4.07.2025 (For The Assessment Year 2020-21), Wherein The Ld. Cit(A) Has Partly Allowed The Appeals Of The Assessee Against The Various Orders Passed By The Ld. Ao Under Section 143(3) For The Assessment Years 2013-14, 2018-19 & 2020-21. The Grounds Of Appeal In The Aforesaid Three Appeals Are As Under:- A.Y. 2013-14 “(1) That The Authorities Below Erred On Facts & In Law In Not Allowing Deduction U/S 80P(2)(A)(Iii) & 80P(2)(I) Of I. T. Act On Interest Received On Investments Held With Banks In Form Of F.D.R.'S & Interest On Saving Bank Account Rs. 72,38,730/-. (2) That The Authorities Below Erred On Facts In Not Considering Investments In Deposits With Banks Has Been Made As Per Statutory Requirements & The Interest So Realized On Such Investments Shall Be Attributable To The Activity Of Providing Credit Facilities & Marketing Agriculture Produce. Cooperative Cane Development Union Ltd. A.Ys. 2013-14, 2018-19 & 2020-21

…s. No.285/Lkw/2015, 474/Lkw/2015, 525/Lkw/2015, 536/Lkw/2015 and 540/Lkw/2015. The Hon’ble ITAT, Lucknow Bench after considering the byelaws and the statutory rules, the decisions of Hon’ble Allahabad High Court in CIT vs. Krishak Sahkari Ganna Samiti Limited 258 ITR 594 (Alld)and CIT vs. Cooperative Cane Development Union Limited 118 ITR 770 (Alld) and the decisions of the Tribunal in Income Tax Officer vs. Sahkari Ganna Vikas Samiti, Rupapur Chouraha (Munder), Hardoi in ITA No. 467/Lkw/2013 held as under:- “7.1 Now the parties are again before us. We find that assessees had earned interest from fixed deposits f…

GONDA COOPERATIVE CANE DEVELOPMENT UNION LTD,GONDA vs. INCOME TAX OFFICER, GONDA

In the result, the appeal of the assessee is treated as partly allowed for statistical purposes

Bench: The Ld. Cit(A) Who Has Dismissed The Appeal Of The Assessee. Being Further Aggrieved, The Assessee Is In Appeal Before The Income Tax Appellate Tribunal (Itat).

…s. No.285/Lkw/2015, 474/Lkw/2015, 525/Lkw/2015, 536/Lkw/2015 and 540/Lkw/2015. The Hon’ble ITAT, Lucknow Bench after considering the byelaws and the statutory rules, the decisions of Hon’ble Allahabad High Court in CIT vs. Krishak Sahkari Ganna Samiti Limited 258 ITR 594 (Alld) and CIT vs. Cooperative Cane Development Union Limited 118 ITR 770 (Alld) and the decisions of the Tribunal in Income Tax Officer vs. Sahkari Ganna Vikas Samiti, Rupapur Chouraha (Munder), Hardoi in ITA No. 467/Lkw/2013 held as under:- “7.1 Now the parties are again before us. We find that assessees had earned interest from fixed deposits…

SAHKARI GANNA VIKAS SAMITI LTD VIKRAMJOT BASTI,VIKRAMJOT vs. INOCME TAX OFFICER BASTI -NEW, INCOME TAX OFFICE BASTI

The appeal of the assessee stands allowed for statistical purposes

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2017-18 Sahkari Ganna Vikas V. The Income Tax Officer Samiti Ltd. Basti Vikramjot, Basti (U.P) Tan/Pan:Aabas4611B (Appellant) (Respondent) Appellant By: None Respondent By: Shri R.R.N. Shukla, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 05.12.2024, Passed By The Addl/Jcit(A)-3, Bengaluru For Assessment Year 2017-18. 2.0 The Brief Facts Of The Case Are That The Assessee Is A Co- Operative Society Registered Under The Co-Operative Societies Act, 1912. The Main Activity Of The Assessee Was Marketing Of Sugar Cane Grown By The Cane Growers, Who Were Members Of The Assessee-Society. The Assessee Filed Its Return Of Income For The Year Under Consideration On 21.03.2018, Declaring A Total Income Of Rs.1,73,170/-. During The Year Under Consideration, The Assessee-Society Had Received Commission From Sugar Mills On Supply Of Sugar Cane Of Rs.70,16,032/-, Which Was Claimed As Exempt In Terms Of Section 80P(2)(A)(Ii) Of The Income Tax Act

…s. No.285/Lkw/2015, 474/Lkw/2015, 525/Lkw/2015, 536/Lkw/2015 and 540/Lkw/2015. The Hon’ble ITAT, Lucknow Bench after considering the byelaws and the statutory rules, the decisions of Hon’ble Allahabad High Court in CIT vs. Krishak Sahkari Ganna Samiti Limited 258 ITR 594 (Alld)and CIT vs. Cooperative Cane Development Union Limited 118 ITR 770 (Alld) and the decisions of the Tribunal in Income Tax Officer vs. Sahkari Ganna Vikas Samiti, Rupapur Chouraha (Munder), Hardoi in ITA No. 467/Lkw/2013 held as under:- “7.1 Now the parties are again before us. We find that assessees had earned interest from fixed deposits f…

TINICH SAHKARI GANNA SAMITI LIMITED,BASTII vs. ITO, BASTI

Bench: Shri. Sudhanshu Srivastava

…ITA No.295/LKW/2023 Page 10 of 28 the appellant to its members was not disputed by the Id. A.O. in the assessment order and the issue is squarely covered by the decision of Hon'ble jurisdictional Allahabad High court in case reported in 2003 UPTC 104 (All.): 258 ITR 594 All. in favor of assessee. 10. That on the whole facts and circumstances of the case and materials on record, the Id. CIT(A) is not justified and correct in confirming an addition of Rs.8551/- made on account of interest earned on saving bank account/s without allowing deduction u/s 80P(2)(a)(iii) when this interest is directly linked with and at…

TINICH SAHKARI GANNA SAMITI LIMITED,BASTI vs. ITO, , BASTI

Bench: Shri. Sudhanshu Srivastava

…ITA No.295/LKW/2023 Page 10 of 28 the appellant to its members was not disputed by the Id. A.O. in the assessment order and the issue is squarely covered by the decision of Hon'ble jurisdictional Allahabad High court in case reported in 2003 UPTC 104 (All.): 258 ITR 594 All. in favor of assessee. 10. That on the whole facts and circumstances of the case and materials on record, the Id. CIT(A) is not justified and correct in confirming an addition of Rs.8551/- made on account of interest earned on saving bank account/s without allowing deduction u/s 80P(2)(a)(iii) when this interest is directly linked with and at…

CO-OPERATIVE CANE DEVELOPMENT UNION LIMITED MAHOLI AYYUBI CHAMBER, RANIGANJ, LAKHIMPUR KHERI-262001,LAKHIMPUR KHERI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, SITAPUR-NEW, SITAPUR

In the result, the appeal of the assessee is partly allowed

Bench: SH. SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SH. NIKHIL CHOUDHARY (Accountant Member)

…A No. 467/Lkw/2013 vide order dated 15.07.2015, the Hon’ble ITAT, Lucknow Bench had dismissed the 4 A.Y-2014-15 Cooperative Cane Development Union Ltd. appeal of the Revenue by relying upon the judgment of the Hon’ble Allahabad High Court in 118 ITR 770 and 258 ITR 594, in which it had distinguished the decision of the Hon’ble Apex Court in the case of Totgars, pointing out that the facts of that case were different from that of Totgars and therefore, that judgment was not applicable in the case of Sahkari Ganna Vikas Samiti. It was further prayed that the Hon’ble Karnataka High Court in the case of Tumkur. Mer…

INCOME TAX OFFICER-3(4), LAKHIMPUR-KHERI vs. M/S KHERI PHILIBHIT SAHKARI GANNA VIKAS SAMITI LTD., LAKHIMPUR-KHERI

The appeals is allowed for statistical purposes

Bench: Shri A. D. Jain & Shri T. S. Kapoor

…e business of the assessee and therefore, was eligible for deduction u/s 80P(2) of the Act. Learned counsel for the assessee in this respect relied on the judgment of Hon'ble Allahabad High Court in the case of CIT vs. Krishak Sahkari Ganna Samiti Ltd. [2002] 258 ITR 594 (Alld), a copy of which is placed at pages 107 to 115 of the paper book. Learned counsel for the assessee, reading from the findings of such order, submitted that Hon'ble High Court has clearly held that the expression ‘attributable to’ is much wider than the expression ‘derived from’ and it covers receipt from sources other than the actual condu…

INCOME TAX OFFICER-3(4), LAKHIMPUR-KHERI vs. M/S CO-OPERATIVE CANE DEVELOPMENT UNION LTD., LAKHIMPUR-KHERI

The appeals is allowed for statistical purposes

Bench: Shri A. D. Jain & Shri T. S. Kapoor

…e business of the assessee and therefore, was eligible for deduction u/s 80P(2) of the Act. Learned counsel for the assessee in this respect relied on the judgment of Hon'ble Allahabad High Court in the case of CIT vs. Krishak Sahkari Ganna Samiti Ltd. [2002] 258 ITR 594 (Alld), a copy of which is placed at pages 107 to 115 of the paper book. Learned counsel for the assessee, reading from the findings of such order, submitted that Hon'ble High Court has clearly held that the expression ‘attributable to’ is much wider than the expression ‘derived from’ and it covers receipt from sources other than the actual condu…

INCOME TAX OFFICER-3(5), LAKHIMPUR-KHERI vs. M/S SEHKARI GANNA VIKAS SAMITI LTD, LAKHIMPUR-KHERI

The appeals is allowed for statistical purposes

Bench: Shri A. D. Jain & Shri T. S. Kapoor

…e business of the assessee and therefore, was eligible for deduction u/s 80P(2) of the Act. Learned counsel for the assessee in this respect relied on the judgment of Hon'ble Allahabad High Court in the case of CIT vs. Krishak Sahkari Ganna Samiti Ltd. [2002] 258 ITR 594 (Alld), a copy of which is placed at pages 107 to 115 of the paper book. Learned counsel for the assessee, reading from the findings of such order, submitted that Hon'ble High Court has clearly held that the expression ‘attributable to’ is much wider than the expression ‘derived from’ and it covers receipt from sources other than the actual condu…

INCOME TAX OFFICER-3(5), LAKHIMPUR-KHERI vs. M/S SEHKARI GANNA VIKAS SAMITI LTD, LAKHIMPUR-KHERI

The appeals is allowed for statistical purposes

Bench: Shri A. D. Jain & Shri T. S. Kapoor

…e business of the assessee and therefore, was eligible for deduction u/s 80P(2) of the Act. Learned counsel for the assessee in this respect relied on the judgment of Hon'ble Allahabad High Court in the case of CIT vs. Krishak Sahkari Ganna Samiti Ltd. [2002] 258 ITR 594 (Alld), a copy of which is placed at pages 107 to 115 of the paper book. Learned counsel for the assessee, reading from the findings of such order, submitted that Hon'ble High Court has clearly held that the expression ‘attributable to’ is much wider than the expression ‘derived from’ and it covers receipt from sources other than the actual condu…

INCOME TAX OFFICER, LAKHIMPUR-KHERI vs. M/S SAHKARI GANNA VIKAS SAMITI LTD., LAKHIMPUR-KHERI

The appeals is allowed for statistical purposes

Bench: Shri A. D. Jain & Shri T. S. Kapoor

…e business of the assessee and therefore, was eligible for deduction u/s 80P(2) of the Act. Learned counsel for the assessee in this respect relied on the judgment of Hon'ble Allahabad High Court in the case of CIT vs. Krishak Sahkari Ganna Samiti Ltd. [2002] 258 ITR 594 (Alld), a copy of which is placed at pages 107 to 115 of the paper book. Learned counsel for the assessee, reading from the findings of such order, submitted that Hon'ble High Court has clearly held that the expression ‘attributable to’ is much wider than the expression ‘derived from’ and it covers receipt from sources other than the actual condu…