National Co-operative Development Corporation v. Commissioner of Income Tax

427 ITR 288Supreme Court of India2020#11650 most cited
9

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2022 to 2026.

Sections most often in play

Section 132Section 133ASection 143(3)Section 147Section 250Section 115BBESection 139(1)Section 139(3)
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Issues it is cited on

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Judgments citing National Co-operative Development Corporation v. Commissioner of Income Tax

The Karnataka State Cooperative Agriculture and Development Bank Limited, Banglaore vs. Income Tax Officer, Ward-5(2)(1), Bengaluru

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

ITA 1821/BANG/2025[2022-23]Status: DisposedITAT Bangalore09 Apr 2026AY 2022-23

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2022-23

For Appellant: Shri Bhardwaj Sheshadri, Advocate &For Respondent: Shri Subramanian, JCIT (DR)
Section 250Section 56Section 80PSection 80P(2)(a)

…ed that only operational income arising from member-centric lending activities is eligible for deduction. 8.3 The learned CIT(A) further referred to the decision of the Hon’ble Supreme Court in National Co-operative Development Corporation v. CIT reported in 427 ITR 288, wherein it was held that not every receipt of a co-operative society is automatically entitled to deduction under section 80P of the Act, and that the burden lies on the assessee to establish a nexus between the income and the activity of providing credit facilities to its members. Applying this principle, the learned CIT(A) held that the assess…

DCIT, Central Circle 1, Rajkot vs. Shri Deepak Mohanlal Purswani, Rajkot

ITA 665/RJT/2024[2022-23]Status: DisposedITAT Rajkot13 Mar 2026AY 2022-23

Bench: Dr. Arjun Lal Saini & Dr. Dinesh Mohan Sinhaआयकर अपील सं/.Ita No.630 & 631/Rjt/2024 निर्धारण वर्ष / Assessment Year: (2021-2022 & 2022-23) Hybrid Hearing Shree Deepak Mohanlal Puruswani बनाम The Dcit, Cc-1 Rajkot Nr. Maa Krupa, 4- Saurashtra Kala Vs. Aaykar Bhawan "Amruta Estate", Kendra Society, Opp. Nirmala Convent, Mg Road, Rajkot 360001, Kalawad Road, Rajkot-360001 (अपीलार्थी/Appellant) स्थायीलेखासं/. जीआइआरसं/.Pan No. : Ajvpp5139P (प्रत्यर्थी/Respondent) आयकर अपील सं/. Ita No.665/Rjt/2024 निर्धारण वर्ष / Assessment Year: (2022-23) The Dcit, Cc-1 Rajkot बनाम Shree Deepak Mohanlal Puruswani Aaykar Bhawan“Amruta Estate", 2Nd Vs. Nr. Maa Krupa, 4- Saurashtra Kala Floor Mg Road Kendra Society, Opp. Nirmala Rajkot 360001, Gujrat Convent, Kalawad Road, (अपीलार्थी/Appellant) स्थायीलेखासं/. जीआइआरसं/.Pan No. : Ajvpp5139P Rajkot-360001 (प्रत्यर्थी/Respondent) निर्धारितीकीओरसे/Assessee By : Shri Mehul Ranpura, Ld. Ar राजस्वकीओरसे/Revenue By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr सुनवाईकीतारीख / Date Of Hearing : 16/01/2026 घोषणाकीतारीख /Date Of Pronouncement : 13/03/2026 आदेश/Order Per, Bench: Captioned Appeals Filed By The Assessee & Revenue, Pertaining To

For Appellant: Shri Mehul Ranpura, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. SR. DR
Section 143(3)Section 147Section 250

…ithout considering commercial, accounting principles and settled judicial precedent is not required to be acted upon as it is bad in law and needs to be quashed. Hon'ble Supreme Court in the case of National Co-Operative Development Corporation vs. CIT (2020) 427 ITR 288 (SC) held that 38. We may record here that income has to be determined on the principles of commercial accountancy. There is, thus, a distinction between 'real profits' ascertained on principles of commercial accountancy. In the case of Poona Electric Supply Co. Ltd. v. CIT [1965] 57 ITR 521 (SC) this Court has held that income tax is on the real…

Shri Narayan Rao Hebri vs. The Assistant Commissioner of Income Tax

The appeal stands dismissed

ITA/166/2025HC Karnataka20 Feb 2026

Bench: S.G.PANDIT,K. V. ARAVIND

Section 115BSection 133ASection 143(2)Section 260Section 260A

…Mr. P. Firm, Muar, [1965] 56 ITR 67 (SC) (xv) Peerless General Finance and Investment Co. Ltd. vs. Commissioner of Income Tax [2019] 416 ITR 1 (SC) (xvi) National Co-operative Development Corporation vs. Commissioner of Income Tax, Delhi-V, [2020] 427 ITR 288 (SC) (xvii)Commissioner of Income Tax vs. Sumitomo Corporation [2016] 382 ITR 75 (Delhi) 12. Section 139 of the I.T. Act provides for the filing of a return of income. In the event of any omission or error in the return, sub-section (5) of Section 139 enables the assessee to revise the return within the prescribed time. If the case of…

The DCIT Central Circle-1, Rajkot vs. Shri Shamjibhai Sadhabhai Kangad, Gandhidham-Kutch

In the result, appeal filed by the Revenue, in IT(SS) No

ITA 321/RJT/2022[2021-22]Status: DisposedITAT Rajkot31 Jul 2025AY 2021-22

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआ.(खो और ज).सं./It(Ss)A Nos.11 To 20/Rjt/2022 "नधा"रण वष"/ Assessment Years:2011-12 To 2020-21 बनाम/ Shri Shamjibhai Sadhabhai Deputy Commissioner Of Kangad Income Tax, Central Circle-1, Vs. Bbz-S-60, Zanda Chowk, “Amruta Estate”, 2Nd Floor, Gandhidham-370 201 M.G. Road, Rajkot-360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.:Adepk 3471 E (अपीलाथ"/Assessee) (""यथ"/Respondent) आ.(खो और ज).सं./It(Ss)A Nos.21 To 23/Rjt/2022 "नधा"रण वष"/ Assessment Years:2014-15, 2016-17 &2017-18 बनाम/ Deputy Commissioner Of Income Shri Shamjibhai Sadhabhai Tax, Central Circle-1, “Amruta Kangad Vs. Estate”, 2Nd Floor, M.G. Road, Bbz-S-60, Zanda Chowk, Rajkot-360001 Gandhidham-370 201 "थायीलेखासं./जीआइआरसं./Pan/Gir No.:Aabca 8202 E (अपीलाथ"/Assessee) (""यथ"/Respondent) आ.(खो और ज).सं./It(Ss)A Nos.15/Rjt/2023 "नधा"रण वष"/ Assessment Year:2019-20 बनाम/ Deputy Commissioner Of Shri Hetab Shamjibhai Kangad Income Tax, Central Circle-1, Bbz-South-60, Zanda Chowk, Vs. “Amruta Estate”, 2Nd Floor, Gandhidham-370 201 M.G. Road, Rajkot-360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.:Aqtpk 7484 M (अपीलाथ"/Assessee) (""यथ"/Respondent)

Section 153A

…es to be made in order to ascertain the quantum of Real Income of the assessee. The assessing officer noticed that principle of taxing Real Income is also recognized by the Hon'ble SC in the case of National Co-Operative Development Corporation vs. CIT (2020) 427 ITR 288 (SC) wherein the hon'ble Apex Court has observed as under - “38. We may record here that income has to be determined on the principles of commercial accountancy. There is, thus, a distinction between 'real profits' ascertained on principles of commercial accountancy. In the case of Poona Electric Supply Co. Ltd. v. CIT [1965] 57 ITR 521 (SC) this…

Mumbai Metroplitan Region Development Authority, Mumbai vs. DDIT (E) -1(1), Mumbai

In the result, appeal filed by the assessee is partly allowed and revenue is dismissed

ITA 4395/MUM/2019[2015-16]Status: DisposedITAT Mumbai03 Jan 2022AY 2015-16

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

For Appellant: Shri Saurabh SoparkarFor Respondent: Shri Parag Vyas
Section 10Section 10(20)Section 11Section 12Section 12ASection 143(2)Section 143(3)

…e irrelevant to decide as to whether the activity of the Assessee will be regarded as business activity or not. He relied on the decision of the Hon'ble Supreme Court in the case of National Co-operative Development Corporation v. Commissioner of Income Tax - 427 ITR 288 to submit that in the case of the Corporation, was established under an Act, like the Assessee, the Hon'ble Supreme Court, held that "the fact that the Assessee-Corporation does not carry on business activity for profit motive is not material as profit making is not an essential ingredient on account of self-imposed" The Ld DR relied on above obs…

Mumbai Metroplitan Region Development Authority, Mumbai vs. DDIT (E) -1(1), Mumbai

In the result, appeal filed by the assessee is partly allowed and revenue is dismissed

ITA 4394/MUM/2019[2014-15]Status: DisposedITAT Mumbai03 Jan 2022AY 2014-15

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

For Appellant: Shri Saurabh SoparkarFor Respondent: Shri Parag Vyas
Section 10Section 10(20)Section 11Section 12Section 12ASection 143(2)Section 143(3)

…e irrelevant to decide as to whether the activity of the Assessee will be regarded as business activity or not. He relied on the decision of the Hon'ble Supreme Court in the case of National Co-operative Development Corporation v. Commissioner of Income Tax - 427 ITR 288 to submit that in the case of the Corporation, was established under an Act, like the Assessee, the Hon'ble Supreme Court, held that "the fact that the Assessee-Corporation does not carry on business activity for profit motive is not material as profit making is not an essential ingredient on account of self-imposed" The Ld DR relied on above obs…

Mumbai Metroplitan Region Development Authority, Mumbai vs. DDIT (E) -1(1), Mumbai

In the result, appeal filed by the assessee is partly allowed and revenue is dismissed

ITA 4393/MUM/2019[2013-14]Status: DisposedITAT Mumbai03 Jan 2022AY 2013-14

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

For Appellant: Shri Saurabh SoparkarFor Respondent: Shri Parag Vyas
Section 10Section 10(20)Section 11Section 12Section 12ASection 143(2)Section 143(3)

…e irrelevant to decide as to whether the activity of the Assessee will be regarded as business activity or not. He relied on the decision of the Hon'ble Supreme Court in the case of National Co-operative Development Corporation v. Commissioner of Income Tax - 427 ITR 288 to submit that in the case of the Corporation, was established under an Act, like the Assessee, the Hon'ble Supreme Court, held that "the fact that the Assessee-Corporation does not carry on business activity for profit motive is not material as profit making is not an essential ingredient on account of self-imposed" The Ld DR relied on above obs…

Mumbai Metroplitan Region Development Authority, Mumbai vs. DDIT (E) -1(1), Mumbai

In the result, appeal filed by the assessee is partly allowed and revenue is dismissed

ITA 4392/MUM/2019[2012-13]Status: DisposedITAT Mumbai03 Jan 2022AY 2012-13

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

For Appellant: Shri Saurabh SoparkarFor Respondent: Shri Parag Vyas
Section 10Section 10(20)Section 11Section 12Section 12ASection 143(2)Section 143(3)

…e irrelevant to decide as to whether the activity of the Assessee will be regarded as business activity or not. He relied on the decision of the Hon'ble Supreme Court in the case of National Co-operative Development Corporation v. Commissioner of Income Tax - 427 ITR 288 to submit that in the case of the Corporation, was established under an Act, like the Assessee, the Hon'ble Supreme Court, held that "the fact that the Assessee-Corporation does not carry on business activity for profit motive is not material as profit making is not an essential ingredient on account of self-imposed" The Ld DR relied on above obs…

Mumbai Metroplitan Region Development Authority, Mumbai vs. DDIT (E) -1(1), Mumbai

In the result, appeal filed by the assessee is partly allowed and revenue is dismissed

ITA 4391/MUM/2019[2010-11]Status: DisposedITAT Mumbai03 Jan 2022AY 2010-11

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

For Appellant: Shri Saurabh SoparkarFor Respondent: Shri Parag Vyas
Section 10Section 10(20)Section 11Section 12Section 12ASection 143(2)Section 143(3)

…e irrelevant to decide as to whether the activity of the Assessee will be regarded as business activity or not. He relied on the decision of the Hon'ble Supreme Court in the case of National Co-operative Development Corporation v. Commissioner of Income Tax - 427 ITR 288 to submit that in the case of the Corporation, was established under an Act, like the Assessee, the Hon'ble Supreme Court, held that "the fact that the Assessee-Corporation does not carry on business activity for profit motive is not material as profit making is not an essential ingredient on account of self-imposed" The Ld DR relied on above obs…

National Co-operative Development Corporation v. Commissioner of Income Tax (427 ITR 288) — Cited in 9 Judgments | BharatTax