Lokmangal Nagri Sahakari Path Sanstha Mydt, Solapur vs. Principal Commissioner of Income-Tax -4, Pune
In the result, the appeal filed by the assessee stands allowed
ITA 231/PUN/2022[2017-18]Status: DisposedITAT Pune29 Nov 2022AY 2017-18
Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.231/Pun/2022 िनधा"रण वष" / Assessment Year: 2017-18 Lokmangal Nagri Sahakari Vs. Pcit-4, Pune. Path Sanstha Maryadit, 94/29, Mangal Plaza, Opposite Padma Talkies, Jodbhavi Peth, Solapur- 413002. Pan : Aaaal1241M Appellant Respondent Assessee By : Shri Girish Ladda Revenue By : Shri Ganesh Bare Date Of Hearing : 23.11.2022 Date Of Pronouncement 29.11.2022 : आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Pr. Commissioner Of Income Tax-4, Pune (‘The Pcit’) Dated 19.03.2022 Passed U/S 263 Of The Income Tax Act, 1961 (‘The Act’) For The Assessment Year 2017-18. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. The Ld. Pr. Cit Has Erred In Law As Well As On Facts In Assuming The Jurisdiction U/S 263 Of The It Act, More So When The Assessment Order Passed U/S 143(3) Is Neither Erroneous Nor Prejudicial To The Interest Of Revenue.
For Appellant: Shri Girish LaddaFor Respondent: Shri Ganesh Bare
Section 143(3)Section 263Section 80PSection 80P(2)(a)Section 80P(2)(d)
…R 578 (Guj.), the Hon’ble Delhi High Court in the case of Mantola Co- operative Thrift & Credit Society Ltd. Vs. CIT 50 taxmann.com 278, the Hon’ble Punjab & Haryana High Court in the case of CIT Vs. Punjab State Cooperative Agricultural Development Bank Ltd. 389 ITR 68 and the Hon’ble Kolkata High Court in the case of CIT Vs. Southern Eastern Employees Cooperative Credit Society Ltd. 390 ITR 524 took a view that the income arising on the surplus invested in short term deposits and securities cannot be attributed to the activities of the society and, therefore, not eligible for exemption u/s.80P(2)(a)(i) of the A…