Su Prabhat Co Operative Housing Society Ltd, Mumbai vs. Income Tax Officer, Mumbai
The appeal of the Assessee stands allowed
ITA 1930/MUM/2025[2020-2021]Status: DisposedITAT Mumbai26 May 2025AY 2020-2021
Bench: Shri Narender Kumar Choudhryassessment Year: 2020-21 Suprabhat Co-Operative Income Tax Officer, Ward Housing Society 19(3)(1), Mumbai 76, Suprabhat Co-Operative Pratishtha Bhavan, 3Rd & 4Th Vs. Housing Society Ltd, Bhulabhai Floor, 101, M.K. Road, Desai Road, Walkeshwar 400026 Mumbai 400020 Pan: Aaaas5937P (Appellant) (Respondent) Present For: Assessee By : Shri. Rajendra Bhende, Ca Revenue By : Smt. Smitha V. Nair (Cit Dr) Date Of Hearing : 15.05.2025 Date Of Pronouncement : 26.05.2025 O R D E R Per: Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 26.12.2024, Impugned Herein, Passed By The Commissioner Of Income Tax, Appeal Addl./Jcit (A)-1 Bengaluru/ U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2020-21. 2. Considering The Reason For Delay Of 21 Days In Filing Of The Instant Appeal As Stated By The Assessee Which Is Duly Supported By Duly Sworn Affidavit, Prima Facie Appears To Be Bonafide, Genuine & Un-Intentional, Thus, The Delay Of 21 Days Is Condoned.
For Appellant: Shri. Rajendra Bhende, CAFor Respondent: Smt. Smitha V. Nair (CIT DR)
Section 10B(8)Section 139(1)Section 139(5)Section 143(1)Section 250Section 80PSection 80P(1)Section 80P(2)(d)
…ed the deduction under section 80P(2)(d) of the Act on the basis that the Co- operative Bank is covered under the provisions of section 80P(4) of the Act. We find that the Hon’ble Supreme Court in Mavilayi Service Cooperative Bank Ltd. vs CIT, Calicut, [2021] 431 ITR 1 (SC) while analyzing the provisions of section 80P(4) of the Act held that section 80P(4) is a proviso to the main provision contained in section 80P(1) and (2) and excludes only Cooperative Banks, which are Co-operative Societies and also possesses a licence from RBI to do banking business. The Hon’ble Supreme Court further held that the limited o…