Pr. CIT v. Totagars

395 ITR 611High Court2017#39 most cited

What is Pr. CIT v. Totagars authority for?

Interest income earned by a cooperative society from surplus deposits or investments held with a cooperative bank is not eligible for deduction under Section 80P(2)(d) of the Act.

1,074

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2017 to 2026.

Also referred to as

Pr. CIT v. Totagars · 395 ITR 611 · Section 80P(2)(d) · cooperative society · interest income · cooperative bank · deduction · deposits · investments · eligibility 80P

Issues it is cited on

Judgments citing Pr. CIT v. Totagars

Koodali Public Servants Co-Op Society Limited No C 924, Mattanur vs. Income Tax Officer, Kannur

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

ITA 291/COCH/2024[2017-18]Status: DisposedITAT Cochin09 Dec 2024AY 2017-18

Bench: Shri Inturi Rama Rao, Am Assessment Year: 2017-18 Koodali Public Servants Co-Op Society Ltd. Matannur P.O., Kannur 670702 [Pan: Aabak8429K] .......... Appellant Vs. The Income Tax Officer Ward -3, Kannur .......... Respondent Appellant By: ------- None ------- Respondent By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 09.12.2024 Date Of Pronouncement: 09.12.2024 O R D E R This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 15.02.2024 For Assessment Year (Ay) 2017-18. 2. Brief Facts Of The Case Are That The Assessee Is A Co-Operative Society Formed For Providing Credit Facilities To Its Members. The Assessee Filed Its Return Of Income For Ay 2017-18 On 08.02.2018 Declaring Total Income At Nil After Claiming Deduction Of Rs. 40,95,091/- U/S. 80P Of The Income Tax Act, 1961 (The Act). The Ao Completed The Assessment At A Total Income Of Rs. 40.45,090/- By Denying The Deduction U/S. 80P(2)(D) Of The Act In Respect Of Interest Income Earned From Kannur District Co-Operative Bank.

For Appellant: ------- None -------For Respondent: Smt. Leena Lal, Sr. D.R
Section 80PSection 80P(2)(a)Section 80P(2)(d)

…that such interest income could have hardly be held even derived from assessee’s regular credit facilities made available to the members concerned. He relied on the decision in the case of PCIT & Anr. v. Totagars Co-operative Sales Society reported in (2017) 395 ITR 611 (Kar.) and submitted that the impugned disallowance has been rightly made in assessee’s hand. 7. I notice that the issue related to interest income received from the District Co-operative bank stands settled by Hon'ble Jurisdictional High Court’s decision in the case of PCIT v. Peroorkada Service Co-op. Bank Ltd. [2022] 442 ITR 141 (Ker) wherein…

Bheemunipatnam Mutually Aided Cooperative Building Society Limited, Visakhapatnam vs. Assistant Commissioner of Income Tax, Circle-3(1), Visakhapatnam

In the result, appeal of the assessee is allowed

ITA 177/VIZ/2024[2020-21]Status: DisposedITAT Visakhapatnam25 Nov 2024AY 2020-21

Bench: Shri K. Narasimha Chary, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A. Nos. 175, 176 & 177/Viz/2024 (निर्धारण वर्ा/ Assessment Years: 2017-18, 2018-19 & 2020-21) Bheemunipatnam Mutually Aided V. Dcit / Acit, Circle – 3(1) Cooperative Building Society Limited Income Tax Office H.No. 10-36-284 Infinity Towers, Sankaramatam Road Bheemunipatnam – 531163 Visakhapatnam – 530016 Andhra Pradesh Visakhapatnam, Andhra Pradesh [Pan: Aaaat5114H] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

Section 129Section 142(1)Section 143(2)Section 143(3)Section 80PSection 80P(2)(d)

…ments with any other cooperative society is only exempted not the interest from cooperative banks. On this issue, Ld. DR placed reliance on the decision of the Hon’ble High Court of Karnataka in the case of Pr.CIT v. Totagars Co- operative Sale Society [2017] 395 ITR 611 (Karnataka). Page No. 5 I.T.A.Nos.175, 176 & 177/VIZ/2024 Bheemunipatnam Mutually Aided Cooperative Building Society Limited 9. We have heard both the sides and perused the material available on record including the cases cited by both the parties. The main grievance of the assessee is with respect to denial of deduction under section 80P(2)(d)…