Citizen Co-operative Society Ltd. v. ACIT

M/S. Hubli Taluka Primary School Teachers Co-Operative Society, Hubli vs. Income Tax Officer, Ward -1(3), Hubli

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

Bench: Shri N.V. Vasudevanassessment Year : 2016-17

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC – A” BENCH : BANGALORE ` BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT Assessment year : 2016-17 Hubli Taluka Primary School Vs. The Income Tax Officer, Teachers Co-operative Society, Ward 1(3), Bakale Galli, Ganeshpeth, Hubli. Hubli – 580 020. PAN: AABAH 3916N APPELLANT RESPONDENT Appellant by : Shri Chandrashekar R. Davalagi, FCA Respondent by : Shri Ganesh R. Ghale, Standing Counsel for Dept. Date of hearing : 13.07.2020 Date of Pronouncement : 13.07.2020 O R D E R This appeal by the assessee is against the order dated 27.03.2019 of the CIT(Appeals), Hubballi, relatin…

M/S. Rythara Seva Sahakara Sangha Niyamitha, Bangalore vs. Income Tax Officer, Ward- 6(2)(5), Bangalore

Bench: Shri A.K. Garodia & Shri Pavan Kumar Gadalem/S. Rythara Seva Sahakara Sangha Niyamitha, Hesaraghatta, Opp. Bmtc Bus Stop, Hesaraghatta Mainroad, Bangalore-560 088 ….Appellant Pan Aacar1587N Vs. Income Tax Officer, Ward 6(2)(5), Bangalore. ……Respondent.

…IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES “ C ” BENCH: BANGALORE BEFORE SHRI A.K. GARODIA, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER M/s. Rythara Seva Sahakara Sangha Niyamitha, Hesaraghatta, Opp. BMTC Bus Stop, Hesaraghatta MainRoad, Bangalore-560 088 ….Appellant PAN AACAR1587N Vs. Income Tax Officer, Ward 6(2)(5), Bangalore. ……Respondent. Assessee By: Shri Nayaz Pasha, C.A.& ShriThippeswamy .C.A Revenue By: Smt. R. Premi, JCIT (D.R) Date of Hearing : 01.07.2020 Date of Pronouncement : .07.2020 O R D E R PER SHRI PAVAN KUMAR GADALE, JM : The assessee has filed an appeal again…

Assistant Commissioner of Income Tax, Central Circle- 2(2), Bengaluru vs. Shri Biluru Gurubasava Pattin Sahakari Sangh Niyamit, Bagalkot

In the result, the appeal filed by the revenue is treated as allowed for statistical purposes

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaran, Accoutant Member Ita Nos.1222/Bang/2019 Assessment Year: 2014-15

…hakari Pattin Sangha Niyamitha, Bagalkot Page 2 of 6 that the decision of the High Court of Karnataka in the appellants own case was rendered on 5.2.2014 much before the decision of the Supreme Court in the case of Citizen Co Op. Society Ltd. Vs. ACIT (2017) 397 ITR 1 (SC) which was rendered much later on 8.8.2017 in civil appeal 10245 of 2017 and thus the decision of the Supreme Court being a higher authority would prevail over the decision relied upon by the CIT(A). 3. The CIT(A) erred in holding that the decision of the Karnataka High Court on which reliance was placed by the assessee is binding without appr…

M/S. Akshaya Souharda Credit Co-Operative Limited, Chikkaballapur vs. Income Tax Officer, Ward- 1, Chikkaballapur

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

Bench: Shri Chandra Poojari

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC-B” BENCH, BANGALORE Before Shri Chandra Poojari, Accountant Member ITA No.2574/Bang/2019 : Asst.Year 2014-2015 M/s.Akshaya Souharda The Income Tax Officer Credit Cooperative Limited Vs. Ward 1 B H Road Cross, Chikkaballapur. Gauribidanur Chickaballapur– 561 208 PAN : AABAA2870N. (Appellant) (Respondent) Appellant by : Sri.Sandeep, CA Respondent by :Sri.Ganesh R.Ghale, Standing Council for DR Date of Pronouncement : 13.03.2020 Date of Hearing : 20.02.2020 O R D E R This appeal filed by the assessee is directed against the order of the CIT(A) dated 31.10.2019. The r…

M/S. Tumkuru Co-Operative Milk Prodcers Societes Union Limited Mallasandra, Tumakuru vs. Assistant Commissioner of Income Tax, Circle- 1, Tumakuru

In the result, the appeal filed by the assessee is allowed for statistical purpose

Bench: Smt. Beena Pillai, Jm & Shri. O. P. Meena, Am

…as reported in 395 ITR 611 (Karn). He also submitted that another decision on which reliance has been placed by authorities below, is the judgement of Hon’ble Apex Court rendered in the case of The Citizen Co – Operative Society Ltd., Vs. ACIT as reported in 397 ITR 1. Aggrieved by order passed by Ld. CIT (A) assessee is in appeal before us now. 4. Ld. AR submitted that the word 'co-operative' is defined by sec.2(e) of 1959 Act as under: “2(e): “Co-operative" means a co-operative including a co- operative bank doing the business of banking registered or deemed to be registered under Section 5 and which has the…

M/S Sacred Heart Souharda Credit Co-Operative Limited, Tumkur vs. Income Tax Officer Ward-3, Tumkur

In the result, the appeal filed by the assessee is allowed for statistical purpose

Bench: Smt. Beena Pillai, Jm & Shri O. P. Meena, Am

…as reported in 395 ITR 611 (Karn). He also submitted that another decision on which reliance has been placed by authorities below, is the judgement of Hon’ble Apex Court rendered in the case of The Citizen Co – Operative Society Ltd., Vs. ACIT as reported in 397 ITR 1. Aggrieved by order passed by Ld. CIT (A) assessee is in appeal before us now. 4. Ld. AR submitted that the word 'co-operative' is defined by sec.2(e) of 1959 Act as under: “2(e): “Co-operative" means a co-operative including a co- operative bank doing the business of banking registered or deemed to be registered under Section 5 and which has the…

Shri Shakambari Weavers Co-Operative Society Ltd, Bagalkot vs. Income Tax Officer Ward-1, Bagalkot

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

Bench: Shri A. K. Garodia & Smt. Beena Pillaiassessment Year : 2009-10 M/S. Shri Shakambari Weavers Income Tax Officer, Co-Operative Society Ltd., Ward - 1, Sulebhavi Tq: Hungund Dist: Bagalkot. Vs. Bagalkot – 587 103. Pan : Aaabs 0497 H Appellant Respondent Assessee By : Shri. S. V. Ravishankar, Advocate Revenue By : Shri. Manjeet Singh, Addl. Cit (Dr)(Itat), Bengaluru Date Of Hearing : 19.12.2019 Date Of Pronouncement : 07.02.2020 O R D E R

…earing, it was submitted by learned AR of the assessee that as per the orders of authorities below, two judgments of Hon’ble Apex Court have been followed i.e., the judgment rendered in the case of Citizens Page 2 of 4 Co-operative Society Ltd. as reported in 397 ITR 1 and in the case of Totgar’s Co-operative Sale Society Ltd., 322 ITR 283 (SC). He submitted that there is no discussion on this aspect as to whether the facts in the present case and in the case of Citizens Co-operative Society Ltd. (supra) are similar or not. He further submitted that the judgment of Hon’ble Apex Court rendered in the case of Totga…

Sree Kanva Souharda Co-Operative Credit Limited, Bengaluru vs. Assistant Commissioner of Income Tax, Central Circle- 1(4), Bangalore

In the result, the all the appeals filed by the assessee are allowed for statistical purposes

Bench: Shri Chandra Poojari

…e A.O and it is confirmed by CIT(A). He has submitted that the main basis of the decision of the authorities below is by following the judgment of Hon'ble Hon'ble Apex Court rendered in the case of The Citizen Co-operative Society Ltd. Vs. ACIT as reported in 397 ITR 1. He submitted that none of the authorities below has examined and compared the facts of the present case with the facts in the case of The Citizen Co- operative Society Ltd. Vs. ACIT (supra). The learned AR submitted that in the facts of present case, the judgment of Hon'ble Karnataka High Court rendered in the case of Tumkur Merchants Souharda Cre…

Sree Kanva Souharda Co-Operative Credit Limited, Bengaluru vs. Assistant Commissioner of Income Tax, Central Circle- 1(4), Bangalore

In the result, the all the appeals filed by the assessee are allowed for statistical purposes

Bench: Shri Chandra Poojari

…e A.O and it is confirmed by CIT(A). He has submitted that the main basis of the decision of the authorities below is by following the judgment of Hon'ble Hon'ble Apex Court rendered in the case of The Citizen Co-operative Society Ltd. Vs. ACIT as reported in 397 ITR 1. He submitted that none of the authorities below has examined and compared the facts of the present case with the facts in the case of The Citizen Co- operative Society Ltd. Vs. ACIT (supra). The learned AR submitted that in the facts of present case, the judgment of Hon'ble Karnataka High Court rendered in the case of Tumkur Merchants Souharda Cre…

Sree Kanva Souharda Co-Operative Credit Limited, Bengaluru vs. Assistant Commissioner of Income Tax, Central Circle- 1(4), Bengaluru

In the result, the all the appeals filed by the assessee are allowed for statistical purposes

Bench: Shri Chandra Poojari

…e A.O and it is confirmed by CIT(A). He has submitted that the main basis of the decision of the authorities below is by following the judgment of Hon'ble Hon'ble Apex Court rendered in the case of The Citizen Co-operative Society Ltd. Vs. ACIT as reported in 397 ITR 1. He submitted that none of the authorities below has examined and compared the facts of the present case with the facts in the case of The Citizen Co- operative Society Ltd. Vs. ACIT (supra). The learned AR submitted that in the facts of present case, the judgment of Hon'ble Karnataka High Court rendered in the case of Tumkur Merchants Souharda Cre…

Sree Kanva Souharda Co-Operative Credit Limited, Bengaluru vs. Assistant Commissioner of Income Tax, Central Circle- 1(4), Bangalore

In the result, the all the appeals filed by the assessee are allowed for statistical purposes

Bench: Shri Chandra Poojari

…e A.O and it is confirmed by CIT(A). He has submitted that the main basis of the decision of the authorities below is by following the judgment of Hon'ble Hon'ble Apex Court rendered in the case of The Citizen Co-operative Society Ltd. Vs. ACIT as reported in 397 ITR 1. He submitted that none of the authorities below has examined and compared the facts of the present case with the facts in the case of The Citizen Co- operative Society Ltd. Vs. ACIT (supra). The learned AR submitted that in the facts of present case, the judgment of Hon'ble Karnataka High Court rendered in the case of Tumkur Merchants Souharda Cre…

Sree Kanva Souharda Co-Operative Credit Limited, Bengaluru vs. Assistant Commissioner of Income Tax, Central Circle- 1(4), Bangalore

In the result, the all the appeals filed by the assessee are allowed for statistical purposes

Bench: Shri Chandra Poojari

…e A.O and it is confirmed by CIT(A). He has submitted that the main basis of the decision of the authorities below is by following the judgment of Hon'ble Hon'ble Apex Court rendered in the case of The Citizen Co-operative Society Ltd. Vs. ACIT as reported in 397 ITR 1. He submitted that none of the authorities below has examined and compared the facts of the present case with the facts in the case of The Citizen Co- operative Society Ltd. Vs. ACIT (supra). The learned AR submitted that in the facts of present case, the judgment of Hon'ble Karnataka High Court rendered in the case of Tumkur Merchants Souharda Cre…

Bee Co-Operative Society Limited, Bengaluru vs. Income Tax Officer, Ward- 6(2)(4), Bengaluru

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Chandra Poojari

…ety as reported in 395 ITR 611 (Karn). He also submitted that other judgment on which reliance has been placed by the authorities below is the judgment of Hon'ble Apex Court rendered in the case of The Citizen Co-operative Society Ltd. Vs. ACIT as reported in 397 ITR 1. He submitted that none of the authorities below has examined and compared the facts of the present case with the facts in the case of The Citizen Co- operative Society Ltd. Vs. ACIT (supra). Regarding the judgment of Hon'ble Karnataka High Court rendered in the case of PCIT and Another Vs. Totagars Co-operative Sale Society (supra), it was submitt…