Kerala State Co-operative Agricultural and Rural Development Bank Ltd. v. Assessing Officer

154 Taxmann.com 305Supreme Court of India2023#753 most cited

What is Kerala State Co-operative Agricultural and Rural Development Bank Ltd. v. Assessing Officer authority for?

Section 80P(4) is not applicable to a cooperative bank unless it is classified as a 'bank' under the provisions of the Banking Regulation Act, 1949. For cooperative banks not meeting this definition, the deduction for interest earned from investments in cooperative societies is available under Section 80P(2)(d) of the Income-tax Act.

136

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2023 to 2026.

Also referred to as

Kerala State Co-operative Agricultural & Rural Development Bank Ltd. v. Assessing Officer · Section 80P(4) applicability · Section 80P(2)(d) deduction · cooperative bank definition · Banking Regulation Act 1949 · interest income from cooperative society · cooperative society income tax · Section 263 revision · cooperative bank deductions · income tax for cooperatives

Issues it is cited on

Judgments citing Kerala State Co-operative Agricultural and Rural Development Bank Ltd. v. Assessing Officer

Principal Commissioner of Income Tax, Kol-12, Kolkata vs. M/S. the Reserve Bank Employees Co-Operative Credit Society Ltd

ITA/85/2019HC Calcutta06 Dec 2023

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani & The Hon’Ble Justice Rajarshi Bharadwaj Date : 6Th December, 2023 Appearance: Mr. Soumen Bhattacharjee, Adv. …For The Appellant. Mr. Siddhartha Das, Adv. Ms. Swapna Das, Adv. ...For The Respondent. 1. Heard Mr. Soumen Bhattacharjee, Learned Standing Counsel For The Appellant/Income Tax Department & Mr. Siddhartha Das, Learned Counsel Assisted By Ms. Swapna Das, Learned Advocate For The Respondent/Assessee. 2. This Appeal Has Been Admitted By An Order Dated 18Th July, 2019 On The Following Substantial Question Of Law: “Whether On The Facts & In The Circumstances Of The Case The Interest Income Earned By The Assessee Is Eligible For Deduction Under Section 80P & In

Section 80PSection 80P(2)(a)

…OD-9 ITA/85/2019 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (Income Tax) ORIGINAL SIDE PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA-12, KOLKATA -Versus- M/S. THE RESERVE BANK EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LTD. BEFORE : THE HON’BLE JUSTICE SURYA PRAKASH KESARWANI And THE HON’BLE JUSTICE RAJARSHI BHARADWAJ Date : 6th December, 2023 Appearance: Mr. Soumen Bhattacharjee, Adv. …for the appellant. Mr. Siddhartha Das, Adv. Ms. Swapna Das, Adv. ...for the respondent. 1. Heard Mr. Soumen Bhattacharjee, learned standing counsel for the appellant/Income Tax Department…

Kinjal Heaven Co Operative Society Limited, Mumbai vs. Income Tax Office, Ward-19(2)(2), Mumbai

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

ITA 2955/MUM/2023[2017-18]Status: DisposedITAT Mumbai01 Nov 2023AY 2017-18

Bench: Shri Pavan Kumar Gadaleita No. 2955, 2956, 2957 & 2958/Mum/2023 (A.Y: 2017-18, 2018-19, 2019-20 & 2020-21) Kinjal Heaven Vs. Ito,Ward19(2)(2), Cooperative Society Ltd, Piramal Chambers, 1St Wadia Street, 5Th Floor, Near Mumbai-400034. Bharatmata Theatre, Parel (East), Mumbai-400012. Pan/Gir No. : Aacak6843Q Appellant .. Respondent Appellant By : Shri.Rajesh Shah.Ar Respondent By : Shri.G.J.Ninawe. Sr. Dr Date Of Hearing 02.11.2023 Date Of Pronouncement 06.11.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: These Four Appeals Are Filed By The Assessee Against The Separate Orders Of The National Faceless Appeal Centre (Nfac)/Cit(A) Passed U/Sec 143(3) & U/Sec250 Of The Act For The A.Y 2017-18 & For The A.Y 2018-19, 2019-20 & 2020-21 Passed U/S 143(1) & U/Sec 250 Of The Act.

For Appellant: Shri.Rajesh Shah.ARFor Respondent: Shri.G.J.Ninawe. Sr. DR
Section 143(1)Section 143(2)Section 80Section 80PSection 80P(2)(d)

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA No. 2955, 2956, 2957 & 2958/Mum/2023 (A.Y: 2017-18, 2018-19, 2019-20 & 2020-21) Kinjal Heaven Vs. ITO,Ward19(2)(2), Cooperative Society Ltd, Piramal Chambers, 1st Wadia Street, 5th Floor, Near Mumbai-400034. Bharatmata Theatre, Parel (East), Mumbai-400012. PAN/GIR No. : AACAK6843Q Appellant .. Respondent Appellant by : Shri.Rajesh Shah.AR Respondent by : Shri.G.J.Ninawe. Sr. DR Date of Hearing 02.11.2023 Date of Pronouncement 06.11.2023 आदेश / O R D E R PER PAVAN KUMAR GADALE JM: These four appeals ar…