Limited v. Government of India

NAVAKARNATAKA PSS LIMITED ,HOSPET vs. INCOME TAX OFFICER, WARD-1 & TPS, HOSPET

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

Bench: Shri Prashant Maharishi, Vice – & Shri Soundararajan K.Assessment Year : 2016-17

…ether the assessee registered under the provisions of the Karnataka Souharda Sahakari Act, 1997 would also fit into the definition of co-operative society. This issue was already decided by Hon’ble Jurisdictional High Court in the judgments reported in (2020) 421 ITR 670 in the case of Swabhimani Souharda Credit Cooperative Ltd. vs. Govt. of India, (2020) 426 ITR 457 in the case of Shri Vitthalray Souharda Pattin Sahakari Niyamit vs. Union of India and (2025) 174 taxmann.com 789 in the case of Udaya Souhardha Credit Co-operative Society Ltd. vs. ITO (TDS) wherein the Hon’ble Jurisdictional High Court had held tha…

INCOMETAX OFFICER, WARD-1(1), TIPTUR vs. SRIUDAYARAVI CREDIT CO-OP, TIPTUR

In the result, appeals of the Revenue are dismissed

Bench: Shri.Laxmi Prasad Sahu & Shri. Keshav Dubey

…2(19) and subject to all just exceptions, would be entitled to claim benefit of section 80P of the Act. c. Reliance is placed on the definition of Swabhimani Souharda Credit Cooperative Ltd. vs. Government of India [2020] 122 taxmann.com 37 (Karnataka)/[2020] 421 ITR 670 (Karnataka)[16-01-2020] and Shri Vitthalray Souharda Pattin Sahakari Niyamit vs. Union of India [2020] 121 taxmann.com 300 (Karnataka)/[2021] 277 Taxman 276 (Karnataka)/[2020] 426 ITR 457 (Karnataka)[10-06-2020] (copy of judgement is enclosed and marked as Annexure 2) wherein it was held that: (f)the employment of the word "Sahakari" in the very…

INCOMETAX OFFICER, WARD-1, TIPTUR vs. SRI UDAYRAVI CREDIT CO-OP, TIPTUR

Bench: Shri.Laxmi Prasad Sahu & Shri. Keshav Dubey

…2(19) and subject to all just exceptions, would be entitled to claim benefit of section 80P of the Act. c. Reliance is placed on the definition of Swabhimani Souharda Credit Cooperative Ltd. vs. Government of India [2020] 122 taxmann.com 37 (Karnataka)/[2020] 421 ITR 670 (Karnataka)[16-01-2020] and Shri Vitthalray Souharda Pattin Sahakari Niyamit vs. Union of India [2020] 121 taxmann.com 300 (Karnataka)/[2021] 277 Taxman 276 (Karnataka)/[2020] 426 ITR 457 (Karnataka)[10-06-2020] (copy of judgement is enclosed and marked as Annexure 2) wherein it was held that: (f)the employment of the word "Sahakari" in the very…

SHRI. GURULINGESHWAR SOUHARD PATTIN SAHAKARI NIYAMIT SINDAGI,BIJAPUR vs. INCOME TAX OFFICER, WARD-1 & TPS, BIJAPUR

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

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubeyassessment Year : 2020-21 Ms. Shri Gurulingeshwar Souhard Pattin Sahakari Vs. Dcit - 3(3)(1), Niyamit Sindagi, Hmt Building, 1, Main Road, Bangalore. Sindagi – 586 128,Karnataka. Pan : Aajas 1983 N Appellant Respondent Assessee By : Shri. Veeranna M Murgod, Ca Revenue By : Shri. Subramanian S,Jcit(Dr)(Itat), Bangalore. Date Of Hearing : 07.10.2025 Date Of Pronouncement : 15.10.2025

…the Act for claim of deduction under section 80P(2)(a)(i) / 80P(2)(d) of the Act, assessee is eligible for deduction as per judgment of Hon’ble jurisdictional High Court. in the case of Swabhimani Souharda Credit Co-operative v. UoI [2020] 122 taxmann.com 37/421 ITR 670 (Karnataka) in which it has been held as under: "5. Having heard the learned counsel for the parties and having perused the petition papers, this Court is of a considered opinion that the answer to the above question needs to be in the affirmative for the following reasons: (a) sec. 80P of the 1961 Act provides for deduction in respect of income…

SHREE SHARANAVASACESHWAR CREDIT SOUHARD SAHAKARI NI HALINGALI,HALINGALI vs. INCOME TAX OFFICER, WARD-1, BAGALKOT

In the result, appeal filed by the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year : 2016-17 Shree Sharanabasaveshwar Credit Souhard Sahakari Ni Halingali Ito Tq Jamkhandi, Dt Bagalkot Vs. Ward-1 Halingali, Karnataka 587315 Bagalkot Pan No :Aaeas6699C Appellant Respondent Appellant By : Sri Sandeep Chalapathy, A.R. Respondent By : Sri Subramanian S., D.R. Date Of Hearing : 14.05.2025 Date Of Pronouncement : 12.08.2025 O R D E R Per Keshav Dubey: This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The Ld. Cit(A)/Nfac Dated 07.11.2024 Vide Din & Order No. Itba/Nfac/S/250/2024-25/1070176573(1) Passed U/S 250 Of The Income Tax Act, 1961 (In Short “The Act”) For The Assessment Year 2016-17. 2. The Assessee Has Raised The Following Ground Of Appeal: -

…e Karnataka High Court, therefore we are of the opinion that the issue in the present case is debatable one and assessee by relying on the decision of the Hon’ble Karnataka High Court in the case of Swabhimani Souharda Credit Co. operative Ltd. v. CBDT [2020] 421 ITR 670 had categorically held that the entity registered under the Karnataka Souharda Sahakari Act, 1997 fit into the definition of “Cooperative Society” as enacted in section 2(19) of the Act and therefore subject to all just exceptions they are entitled to seek their claim for the benefit of section 80P of the said Act. Therefore, in our opinion Shree…

INCOME TAX OFFICER,WARD-1, HOSPET vs. GAYATRI PATTINA SOUHARDA SAHAKARI SANGHA NIYAMITHA, HOSPET, HOSPET

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

…The ld. CIT(A)/NFAC partly allowed the appeal of the assessee by observing/holding as follows:- i) The Id. CIT(A)/NFAC by relying on the Judgement of Hon'ble Karnataka High Court in the case of Swabhimani Souharda Credit Co-operative Ltd vs. Govt. of India ( 421 ITR 670) as well as Sri Mata Vividodesha Pathina Souhardi Sahakari Niyamitha vs. Union of India ( 134 taxmann.com 62) held that the assessee is clearly a co-operative Society as per the definition of Section 2(19) of the IT Act. Accordingly the assessee is eligible for the deduction u/s 80P of the Act amounting to Rs.34,79,909/- and this ground was uphel…

KODACHADRI PATINA SOUHARDA SAHAKARI NIYAMITHA,SHIMOGGA vs. INCOME TAX OFFICER, WARD-3, SHIMOGA

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2016-17

…1997 is eligible for deduction under section 80P of the Act in the given facts and circumstances. This issue has been resolved by the judgment of Hon'ble Karnataka High Court in the case of M/s Swabhimani Souharda Credit Co-operative Ltd. Vs. ITO reported in 421 ITR 670 wherein it was held as under: \“23. A comprehensive reading of the Preambles of the aforesaid Acts vis-a-vis objects and reasons would indicate that both the Statutes support and promote Co-operative movement. No hyper technical view can be taken to exclude the entities registered under the Souharda Act as not falling under the definition of 'Co…

MYSORE CREDIT SAUHARDA SL,MYSORE vs. THE INCOME TAX OFFICER, WARD-1(3), MYSORE

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Years : 2017-18

…eal before us. . Page 3 of 4 6. The learned AR before us submitted that the issue on hand is covered in favor of the assessee by the judgment of Hon’ble Karnataka High Court in the case of M/s Swabhimani Souharda Credit Co-operative Ltd. Vs. ITO reported in 421 ITR 670. 7. On the other hand, the learned DR before us vehemently supported the order of the authorities below. 8. We have heard the rival contentions of both the parties and perused the materials available on record. The facts of the case have been elaborated in the preceding paragraph which are not in dispute, therefore we are not inclined to repeat…

M/S. SHRI SARASWATHI CREDIT SOUHARDA SAHAKARI SANGHA LIMITED ,PUTTUR vs. INCOME TAX OFFICER, WARD-1, PUTTUR

Bench: Ms. Padmavathy S. & Shri Prakash Chand Yadavshri Saraswathi Credit

…ri Act, 1997 the learned A.R. placed reliance on the decision of the Hon'ble Karnataka High Court in the case of (i) Swabhimani Souharda Credit Co-operative Ltd & (2) Karnataka State Souhards Federal Co-operative Ltd. vs. Government of India and Others [2020] 421 ITR 670 (Karn) to submit that the assessee is a cooperative society within the meaning of Karnataka Souharda Sahakari Act, 1997. The learned A.R. also placed reliance on the decision on the decision of the coordinate bench in the case of Gonikoppal Primary Rural Agricultural Credit Co-operative Society Ltd. (ITA No. 1016/Bang/2024 for AY 2018-19 dated 04…

M/S. MAYURA SOUHARDA CREDIT CO-OPERATIVE SOCIETY LIMITED ,SAGAR vs. INCOME TAX OFFICER, WARD-3, , SHIMOGA

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

Bench: Shri George George K, Vice- & Shri Laxmi Prasad Sahu

…o have been deleted having regard to the later judgment of the Hon’ble jurisdictional High Court of Karnataka in the case of Swabhimani Souharda Credit co- operative Limited v. Government of India reported in (2020) 3 M/s.Mayura Souharda Credit Co-op So.Ltd. 421 ITR 670 (Kar) under the facts and in the circumstances of the appellant’s case. 4. The learned CIT(A) is not justified in disposing off the appeal ex-parte without allowing sufficient and real opportunity to the appellant especially since all hearing notices were sent on the secondary email ID belonging to the appellant’s erstwhile AR and not the primary…

NIKHARA SOUHARDA CREDIT CO-OPERATIVE LIMITED,BENGALURU vs. THE INCOME TAX OFFICER, WARD- 5(2)(5), BENGALURU

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

Bench: Shri George George K

…ssee-society is not a co-operative society u/s 2(19) of the I.T.Act, is not correct view in light of the judgment of the Hon’ble jurisdictional High Court in the case of Swabhimani Souharda Credit Co-operative Limited v. Government of India reported in (2020) 421 ITR 670 (Kar.). The Hon’ble High Court had held that a society registered under Karnataka Souharda Sahakari Act, 1997 is also a co-operative society. However, the CIT(A), in this case, has not denied the entire claim of deduction u/s 80P of the I.T.Act. The CIT(A) has confirmed the A.O.’s disallowance of Rs.14,81,899 (Total claim of deduction u/s 80P was…

NIKHARA SOUHARDA CREDIT CO-OPERATIVE LIMITED,BENGALURU vs. THE INCOME TAX OFFICER, WARD- 5(2)(5), BENGALURU

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

Bench: Shri George George K

…ssee-society is not a co-operative society u/s 2(19) of the I.T.Act, is not correct view in light of the judgment of the Hon’ble jurisdictional High Court in the case of Swabhimani Souharda Credit Co-operative Limited v. Government of India reported in (2020) 421 ITR 670 (Kar.). The Hon’ble High Court had held that a society registered under Karnataka Souharda Sahakari Act, 1997 is also a co-operative society. However, the CIT(A), in this case, has not denied the entire claim of deduction u/s 80P of the I.T.Act. The CIT(A) has confirmed the A.O.’s disallowance of Rs.14,81,899 (Total claim of deduction u/s 80P was…

SHRI MATHAJI VIVIDODDESHA SOUHARDA SAHAKARI NIYAMITHA,BENGALURU vs. INCOME TAX OFFICER, WARD- 2(2)(1), BANGALORE

In the result, appeal by the Assessee is allowed for statistical purposes

Bench: Shri George George K

…tted that the assessee is entitled to the benefit of deduction u/s 80P of the I.T.Act and relied on the judgment of the Hon’ble jurisdictional High Court in the case of Swabhimani Souharda Credit Co- operative Limited v. Government of India reported in (2020) 421 ITR 670 (Kar.). 6. The learned Departmental Representative supported the orders of the Income Tax Authorities. 7. I have heard rival submissions and perused the material on record. The sole reason for the Assessing Officer to hold that the assessee is not entitled to the benefit of deduction u/s 80P of the I.T.Act was that, the assessee was only regist…

SHRI MATHAJI VIVIDODDESHA SOUHARDA SAHAKARI NIYAMITHA,BANGALORE vs. INCOME TAX OFFICER, WARD-2(2)(1), BENGALURU

In the result, appeal by the Assessee is allowed for statistical purposes

Bench: Shri George George K

…ty entitled to the benefit of section 80P of the I.T.Act. In this context, the learned AR relied on the judgment of the Hon’ble jurisdictional High Court in the case of Swabhimani Souharda Credit Co- operative Limited v. Government of India reported in (2020) 421 ITR 670 (Kar.). 6. The learned Departmental Representative had submitted that the assessee is not entitled to the benefit of deduction u/s 80P(2)(a)(i) of the I.T.Act in respect of interest earned from co-operative banks. In this context, the learned DR relied on 4 ITA No.193/Bang/2021. Shri Mathaji Vividoddesha Souharda Sahkari Niyamitha. the order of…

M/S. YASHASWINI MAHILA SOUHARDHA CREDIT CO-OPERATIVE LIMITED,BANGALORE vs. INCOME TAX OFFICER, WARD- 6(2)(3), BANGALORE

In the result, appeal by the Assessee is allowed for statistical purposes

Bench: Shri George George K

…IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES “SMC-C”, BANGALORE Before Shri George George K, Judicial Member ITA No.159/Bang/2020 : Asst.Year 2016-2017 M/s.Yashaswini Mahila Souharda The Income Tax Officer Credit Co-operative Limited, Ward 7(2)(3) v. No.107, Pipeline Road, Officers Bangalore. Model Colony T.Dasarahalli Bangalore – 560 057. PAN : AAAAY1386L. (Appellant) (Respondent) Appellant by : Sri.Guruprasad, Advocate Respondent by : Sri.Ganesh R.Ghale, Standing Counsel Date of Date of Hearing : 04.03.2021 Pronouncement : 04.03.2021 O R D E R This appeal at the instance of the assessee is directed ag…