How many judgments cite Pr. CIT v. Totagars?

1,074 judgments on BharatTax cite Pr. CIT v. Totagars (395 ITR 611), spanning 2017 to 2026.

Which sections of the Income Tax Act does Pr. CIT v. Totagars come up under?

It is most often cited in judgments turning on Section 80P(2)(d), Section 80P(2)(a)(i), Section 80P(4), Section 143(3), Section 80P, Section 250.

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 367,359 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

Also reported as

297 CTR 158

Sections most often in play

Section 80P(2)(d)Section 80P(2)(a)(i)Section 80P(4)Section 143(3)Section 80P Section 250 Section 2(19)Section 56

Issues it is cited on

section 80(2)(d)section 2(19)section 80p(4)section 80p(1)section 80p(2)(a)(iii)section 80p(2)(c)section 80(p)(2)(d)section 80p(2)(d)section 194a(3)(v)section 80p(2)section 80p(2)(a)section 80p(2)(a)(i)

Judgments citing Pr. CIT v. Totagars

The Jagadhri Co-Operative Marketing Cum Processing Society Ltd., Jagadhri vs. The Pr.CIT, Panchkula

In the result, the appeal of the assessee is allowed

ITA 210/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh12 Jan 2024AY 2018-19

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Tejmohan Singh, AdvocateFor Respondent: Smt. Kusum, CIT, DR

Section 139(1)Section 143(3)Section 263Section 80Section 80PSection 80P(2)(d)

…has erred in not correctly appreciating the decision of the Hon’ble Supreme Court (Supra), Hon’ble Punjab & Haryana High Court (Supra) and Hon’ble Karnataka High Court in case of PCIT Vs. the Totgars Co-operative Sales Society Ltd. dt. 16/06/2017 reported in 395 ITR 611 (Karnataka) and deduction under Section 80P(2)(d) has been wrongly allowed on interest income of Rs. 13,58,969/- received from Yamuna Nagar Central Co-op Bank Ltd. and it was accordingly held that the order so passed by the AO is erroneous in so far as prejudicial to the interest of the Revenue and a show cause was issued to the assessee as to wh…

M/S. Moodbidri Co-Operative Service Bank Limited, Moodbidri vs. Pr. Commissioner of Income Tax, Panaji-Goa Income-Tax Officer, Ward-2(1), Mangaluru

ITA 930/BANG/2023[2018-19]Status: DisposedITAT Bangalore11 Jan 2024AY 2018-19

Bench: Shri George George K & Shri Chandra Poojariassessment Year : 2018-19 M/S. Moodbidri Co-Operative Service Vs. Ito, Bank Ltd., Ward –2(1), Door No.192, Main Road, Mangaluru. Moodbidri – 574 227. Pan : Aabam 7065 K Appellant Respondent Assessee By : Shri. V. Srinivasan, Advocate Revenue By : Shri. D. K. Mishra, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 09.01.2024 Date Of Pronouncement : 11.01.2024

For Appellant: Shri. V. Srinivasan, AdvocateFor Respondent: Shri. D. K. Mishra, CIT(DR)(ITAT), Bengaluru

Section 143Section 143(2)Section 143(3)Section 263Section 57Section 80P

…cannot be granted on such income. Further, such income i.e. income from SCDCC Bank is not eligible for deduction U/s 80P(2)(d) in view of the binding Page 6 of 17 decision of Karnataka High Court in the case of Totagars Co-operative Sales Society reported in 395 ITR 611. Although Authorized representative of the assessee quoted another decision of Karnataka High Court in this issue, the same was rendered in January 2017 i.e prior to the decision reported in 395 ITR 611. As per the ratio laid down in Govinda Nayak v/s Western Patent Press Company Limited AIR 1980 KAR 92(FB) the later decision will have more bindi…

Indore Pragatishil Sahakari Sakh Sanstha Maryadit, Indore vs. NFAC, Delhi, Indore

Appeal stand allowed

ITA 317/IND/2023[2018-19]Status: DisposedITAT Indore10 Jan 2024AY 2018-19

Bench: Shri Vijay Pal Rao & Shri Manish Boradassessment Year: 2018-19 Indore Pragatishil Income Tax Department, Sahakari Sakh Sanstha Nfa, बनाम/ Maryadit, Delhi Vs. Indore. (Assessee / Appellant) (Revenue / Respondent) Pan: Aaaai3124L Assessee By Shri S.S.Deshpande, Ca Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 02.01.2024 Date Of Pronouncement 10.01.2024

Section 143(2)Section 143(3)Section 57Section 80P

…on under Sec. 80P(2) (d) on the interest income on the investments/deposits parked with a co-operative bank. Although, in all fairness, we may observe that the Hon’ble High Court of Karnataka in the case of Pr. CIT Vs. Totagars cooperative Sale Society (2017) 395 ITR 611 (Karn), had concluded that a co-operative society would not be entitled to claim of deduction under Sec. 80P(2) (d). At the same time, we find, that the Hon’ble High Court of Karnataka in the case of Pr. Commissioner of Income Tax and Anr. Vs. Totagars Cooperative Sale Society (2017) 392 ITR 74 (Karn) and Hon’ble High Court of Gujarat in the case…

M/S. Pane Mangalore Rss Bank, Bantwal vs. Income Tax Office, Ward-2(1), Mangalore

In the result, appeal of the assessee is allowed

ITA 958/BANG/2023[2018-19]Status: DisposedITAT Bangalore09 Jan 2024AY 2018-19

Bench: Shri George George K. & Shri Chandra Poojariassessment Year: 2018-19

For Appellant: Shri V. Srinivasan, A.RFor Respondent: Shri Subramanian S., D.R

Section 143Section 143(3)Section 263Section 80P(2)(d)Section 8O

…e made as per statutory obligation to maintain the SLR. In support of such contention assessee relied on decision of various courts and tribunals. 6. As seen from para 10 of the order of Karnataka High Court in the case of Totagars Co-operative Sales Society (395 ITR 611), the said assessee was also accepting deposits from its members and provides credit facility to its members in addition to the other activities of marketing of agricultural produce. Even under such circumstances Hon'ble Supreme Court has held such income as not part of operational income in the decision reported in 322 ITR 283. When the interest…

Sri Kalika Parameswari Co-Operative Society Limited, Shivamogga vs. Income-Tax Officer, Ward-1 & Tps, Shivamogga

ITA 955/BANG/2023[2018-19]Status: DisposedITAT Bangalore09 Jan 2024AY 2018-19

Bench: Shri George George K & Shri Chandra Poojari

For Appellant: Shri. B. V. Raveendranath, CAFor Respondent: Shri. Subramanian S, JCIT(DR)(ITAT), Bengaluru

Section 2Section 250Section 56Section 57Section 801Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 8o

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH : BANGALORE BEFORE SHRI GEORGE GEORGE K, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER ITA Nos.953 to 955/Bang/2023 Assessment Years : 2016-17, 2017-18 and 2018-19 M/s. Kalika Parameswari Co-operative Vs. ITO, Society Ltd., Ward – 1 and TPS, Sri Kalika Sadan, Gandhibazar, Shimoga, Shimoga. Shivamogga – 577 202. PAN : AAMAS 5293 A APPELLANT RESPONDENT Assessee by : Shri. B. V. Raveendranath, CA Revenue by : Shri. Subramanian S, JCIT(DR)(ITAT), Bengaluru. Date of hearing : 09.01.2024 Date of Pronouncement : 09.01.2024 O R D E R Per George George K, Vice…

Sri Kalika Parameshwari Co-Operative Society Limited, Shivamogga vs. Income-Tax Officer, Ward-1 & Tps, Shivamogga

ITA 954/BANG/2023[2017-18]Status: DisposedITAT Bangalore09 Jan 2024AY 2017-18

Bench: Shri George George K & Shri Chandra Poojari

For Appellant: Shri. B. V. Raveendranath, CAFor Respondent: Shri. Subramanian S, JCIT(DR)(ITAT), Bengaluru

Section 2Section 250Section 56Section 57Section 801Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 8o

Sri Kalika Parameshwari Co-Operative Society Limited, Shivamogga vs. Income-Tax Officer, Ward-1 & Tps, Shivamogga

ITA 953/BANG/2023[2016-17]Status: DisposedITAT Bangalore09 Jan 2024AY 2016-17

Bench: Shri George George K & Shri Chandra Poojari

For Appellant: Shri. B. V. Raveendranath, CAFor Respondent: Shri. Subramanian S, JCIT(DR)(ITAT), Bengaluru

Section 2Section 250Section 56Section 57Section 801Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 8o

M/S. Savanoor Primary Agricultural Credit Co-Operative Society Ltd., Savanoor, Puttur vs. Income Tax Officer, Ward-1, Puttur

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

ITA 919/BANG/2023[2018-19]Status: DisposedITAT Bangalore09 Jan 2024AY 2018-19

Bench: Shri George George K & Shri Chandra Poojariassessment Year : 2018-19 M/S. Savanoor Primary Agricultural Vs. Ito, Co-Operative Society Ltd., Ward – 1, Savanoor Co-Operative Agricultural Puttur. Bank Ltd., Saanoor, Savanoor Puttur – 574 202, Karnataka. Pan : Aaeat 1118 M Appellant Respondent Assessee By : Ms. Harsha J, Advocate Revenue By : Shri. Subramanian S, Jcit(Dr)(Itat), Bengaluru. Date Of Hearing : 08.01.2024 Date Of Pronouncement : 09.01.2024

For Appellant: Ms. Harsha J, AdvocateFor Respondent: Shri. Subramanian S, JCIT(DR)(ITAT), Bengaluru

Section 143(2)Section 143(3)Section 250Section 56Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 80P(2)(e)

…we confirm the same. 9.1.2 As regards the interest income earned with investments in co-operative banks, the CIT(A) followed the dictum laid down by the Hon’ble jurisdictional High Court in the case of PCIT Vs. Totgars Co-operative Society Ltd., reported in 395 ITR 611 (Karnataka) which was followed by the Bangalore Bench of the Tribunal in the case of Vasavamba Co-operative Society Ltd., Vs. PCIT in ITA No.453/Bang/2020 (order dated 13.08.2021). The CIT(A) has elaborately extracted the order of the Tribunal in the case of Vasavamba Co-operative Society Ltd., (supra) (refer para 8.1 of the CIT(A)’s order). Ther…

M/S. the Bhavasara Kshatriya Co-Operative Society Limited, Mysuru vs. Income Tax Officer, Ward-2(1), Mysuru

ITA 981/BANG/2023[2017-18]Status: DisposedITAT Bangalore03 Jan 2024AY 2017-18

Bench: Shri Chandra Poojari & Ms. Madhumita Roym/S Bhavasara Kshatriya Co- Operative Society Ltd., 279, Benkinawab Street, Mandi Mohalla, Mysureu-570 001. Pan – Aadat 2458 F Appelant Assessee By : Shri V Srinivasan, Advocate Revenue By : Shri Ganesh R Gale, Standing Counsel For Dept. Date Of Hearing : 03.01.2024 Date Of Pronouncement: 03.01.2024

For Appellant: Shri V Srinivasan, AdvocateFor Respondent: Shri Ganesh R Gale, Standing Counsel for Dept

Section 143Section 234Section 250Section 80P

…IN THE INCOME TAX APPELLATE TRIBUNAL 'C' BENCH : BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND MS. MADHUMITA ROY, JUDICIAL MEMBER M/s Bhavasara Kshatriya Co- operative Society Ltd., 279, Benkinawab Street, Mandi Mohalla, Mysureu-570 001. PAN – AADAT 2458 F APPELANT Assessee by : Shri V Srinivasan, Advocate Revenue by : Shri Ganesh R Gale, Standing Counsel for Dept. Date of hearing : 03.01.2024 Date of Pronouncement: 03.01.2024 ITA No.981/Bang/2023 Assessment year : 2017-18 Vs. The Income-tax Officer, Ward-2(1), Mysuru. RESPONDENT ORDER Per Chandra Poojari, Accountant Member This appeal by the asse…

Kolhapur District Central Co-Op Bank Kanista Sevakanchi Sahakar Pat Sanstha Ltd, Pune vs. Income Tax Office, Ward-2(1), Pune, Kolhapur

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

ITA 1365/PUN/2023[2018-19]Status: DisposedITAT Pune01 Jan 2024AY 2018-19

Bench: SHRI INTURI RAMA RAO (Accountant Member)

For Appellant: NoneFor Respondent: Shri Uma Shankar Prasad

Section 80P(2)(a)Section 80P(2)(d)

…IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “SMC”, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER आयकर अपील सं. / ITA No.1365/PUN/2023 िनधा"रण वष" / Assessment Year : 2018-19 Kolhapur District Central Vs. ITO, Ward-2(1), Co-op. Bank Kanista Kolhapur. Sevakanchi Sahakar Pat Sanstha Ltd., 1092, E Ward, Shahupuri, Dist. Kolhapur- 416001. PAN : AAAAK2427L Appellant Respondent Assessee by : None Revenue by : Shri Uma Shankar Prasad Date of hearing : 01.01.2024 Date of pronouncement : 01.01.2024 आदेश / ORDER PER INTURI RAMA RAO, AM: This is an appeal filed by the assessee directed against the order of the Nat…

Ahmednagar Zilha Parishad Servant'S Co-Op Credit Society Ltd, Ahmednagar vs. Income Tax Officer, Ward-1, Ahmednagar

Appeal is partly allowed in above terms

ITA 1101/PUN/2023[2018-19]Status: DisposedITAT Pune27 Dec 2023AY 2018-19

Bench: Shri Satbeer Singh Godara & Shri Gd Padmahshali

For Appellant: Shri Kishor PhadkeFor Respondent: Shri Ramnath P Murkunde

Section 143(3)Section 263Section 80PSection 80P(2)(d)

…IN THE INCOME TAX APPELLATE TRIBUNAL PUNE “A” BENCH : PUNE BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI GD PADMAHSHALI, ACCOUNTANT MEMBER I.T.A.No.1101/PUN./2023 Assessment Year 2018-2019 Ahmednagar Zilha Parishad Servant’s Co-op Credit The Income Tax Officer, Society Ltd., Tilak Road, Ward – 1, Income Tax vs. Opp. Wadia Park, Department, Ahmednagar – 414 001 Behind Natraj Hotel, Maharashtra. Ahmednagar – 414 001. PAN AAAJA0362K (Appellant) (Respondent) For Assessee : Shri Kishor Phadke For Revenue : Shri Ramnath P Murkunde Date of Hearing : 20.12.2023 Date of Pronouncement : 27.12.2023 ORDER PER SA…

Bantwal Pubilc Employees Consumers Co- Operative Society, Bantwala vs. Income Tax Officer, Ward-2(3), Mangalore

In the result, appeal filed by the assessee is dismissed

ITA 903/BANG/2023[2017-18]Status: DisposedITAT Bangalore18 Dec 2023AY 2017-18

Bench: Shri George George K & Shri Laxmi Prasad Sahuassessment Year : 2017-18 M/S. Bantwal Public Employees Consumers Vs. Ito, Co-Operative Society, Ward – 2(3), Kaikamba, Jodumarga, Bantwala – 574 219, Mangalore. Dakshina Kannada. Pan : Aabab 0979 P Appellant Respondent Assessee By : Shri. Sriram V. Roa, Ca Revenue By : Shri. Ganesh R Ghale, Standing Counsel For Revenue. Date Of Hearing : 18.12.2023 Date Of Pronouncement : 18.12.2023

For Appellant: Shri. Sriram V. Roa, CAFor Respondent: Shri. Ganesh R Ghale, Standing Counsel for Revenue

Section 143(2)Section 143(3)Section 250Section 80PSection 80P(2)(a)Section 80P(2)(d)

…med as deduction under section 80P of the Act is in respect of interest earned on deposit with Co-operative Banks and in view of the judgment of the Hon’ble jurisdictional High Court in the case of PCIT Vs. Totagars Co-operative Sale Society Ltd., reported in 395 ITR 611 (Karnataka), the assessee is not entitled to claim of deduction under sections 80P(2)(a)(i) or 80P(2)(d) of the Act. 4. Aggrieved by the Assessment Order, assessee filed appeal before the First Appellate Authority (FAA). The CIT(A) partly allowed the appeal of the assessee. The CIT(A) held that assessee is entitled to deduction under section 80P…

Raythara Sahakari Sangha Ltd, Udupi vs. Income-Tax Officer, Ward-1, Udupi

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

ITA 685/BANG/2023[2017-18]Status: DisposedITAT Bangalore14 Dec 2023AY 2017-18

Bench: Shri Chandra Poojari & Ms. Madhumita Royassessment Year : 2017-18 M/S. Raythara Sahakari Sangha Ltd., The Income Tax Dhanalaxmi Building, Officer, Main Road, Hiriadka, Ward – 1, Udupi – 576 241. Udupi. Vs. Pan: Aaaar2313L Appellant Respondent

For Appellant: NoneFor Respondent: Shri Nischal .B, Addl. CIT DR

Section 143(3)Section 56Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(2)(d)

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH : BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND MS. MADHUMITA ROY, JUDICIAL MEMBER Assessment Year : 2017-18 M/s. Raythara Sahakari Sangha Ltd., The Income Tax Dhanalaxmi Building, Officer, Main Road, Hiriadka, Ward – 1, Udupi – 576 241. Udupi. Vs. PAN: AAAAR2313L APPELLANT RESPONDENT Assessee by : None Revenue by : Shri Nischal .B, Addl. CIT DR Date of Hearing : 06-12-2023 Date of Pronouncement : 14-12-2023 ORDER PER MADHUMITA ROY, JUDICIAL MEMBER The instant appeal filed by the assessee is directed against the order dated 13.07.2023 passed by the…

Mahapalika Kshetra Madhyamik Shikshak Sahakari Pat Sanstha Maryadit, Mumbai vs. Income Tax Officer Ward 22(2)(1), Mumbai

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

ITA 3072/MUM/2023[2020-2021]Status: DisposedITAT Mumbai13 Dec 2023AY 2020-2021

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. Rifaur Rahman, Hon'Blemahapalika Kshetra Madhyamik V. Ito – Ward – 22(2)(1) Shikshk Sahakari Pat Sanstha Piramal Chambers Maryadit (Cooperative Credit Society) Mumbai - 400012 201/202 Anish Tower Senapati Bapat Marg Matunga (W), Mumbai Pan: Aaaam1865G (Appellant) (Respondent) Assessee Represented By : Shri Smit Sheth Shri Satya Prakash Singh Department Represented By :

Section 143(3)Section 37(1)Section 56Section 80PSection 80P(2)Section 80P(2)(a)

…had set aside the issue to the file of the assessing officer for fresh examination. That as regards the reliance placed by the ld. D.R on the judgment of the Hon'ble High Court of Karnataka in the case of Pr. CIT Vs. Totagars co-operative Sale Society (2017) 395 ITR 611 (Karn), the High Court had concluded that a co-operative society would not be entitled to claim of deduction under Sec. 80P(2)(d). We however find that as held by the Hon'ble High Court of Bombay in the case of K. Subramanian and Anr. Vs. Siemens India Ltd. and Anr (1985) 156 ITR 11 (Bom), where there is a conflict between the decisions of non-ju…

Minority Co Op Credit Society Ltd, Bagalkot vs. ITO W(1), Bagalkot

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

ITA 788/BANG/2023[2017-18]Status: DisposedITAT Bangalore11 Dec 2023AY 2017-18

Bench: Shri Chandra Poojari & Smt. Madhumita Royassessment Year: 2017-18

For Appellant: Shri Ramesh V. Mudhol, A.RFor Respondent: Shri V. Parithivel, D.R

Section 250Section 80Section 80PSection 80P(2)(a)

…he case of Totgars Co- operative Sale Society Ltd. vs. ITO (supra) is distinguishable on facts. 3.5 At this juncture, we refer to subsequent decision of Hon'ble Karnataka High Court in the case of PCIT Vs. Totagars cooperative Sale Society reported in (2017) 395 ITR 611, wherein Hon’ble Court held that, a co-operative society would not be entitled to claim of deduction under Sec. 80P(2)(d). At the same time, we find, that the Hon'ble Karnataka High Court in the case of PCIT & Anr. vs. Totagars Cooperative Sale Society reported in (2017) 392 ITR 74 and Hon’ble Gujarat High Court in the case of State Bank Of India…

Income Tax Officer, Udupi vs. Sagar Credit Co-Operative Society, Udupi

In the result, appeal filed by the Revenue is dismissed

ITA 544/BANG/2023[2017-18]Status: DisposedITAT Bangalore06 Dec 2023AY 2017-18

Bench: Shri George George K & Shri Laxmi Prasad Sahuassessment Year : 2017-18 Ito, Vs. M/S. Sagar Credit Co-Operative Society, Ward – 1, Main Road N-H17, Udupi. Byndoor Kundapura Taluk, Udupi District – 576 214. Pan : Aabas 4278 A Appellant Respondent Assessee By : None Revenue By : Shri. V. Parithivel, Jcit(Dr)(Itat), Bengaluru. Date Of Hearing : 06.12.2023 Date Of Pronouncement : 06.12.2023

For Appellant: NoneFor Respondent: Shri. V. Parithivel, JCIT(DR)(ITAT), Bengaluru

Section 143(2)Section 250Section 251(1)(a)Section 80PSection 80P(2)Section 80P(2)(a)

…was of the view that the said Page 3 of 4 interest income has to be assessed as income from other sources and relied on the judgment of the Hon’ble Karnataka High Court in the case of Totagars Co- operative Sale Society Ltd., (ITA No.100066/2016 reported in 395 ITR 611 (Karnataka)]. However, the AO did not make a separate addition as entire claim of deduction under section 80P(2)(a)(i) of the Act amounting to Rs.1,75,21,375/- was disallowed by the AO. 4. Aggrieved by the order of the Assessment denying the claim of deduction under section 80P of the Act, assessee filed appeal before the First Appellate Authori…

Primary Agricultural Credit Co-Operative Society Limited Nidle, Belthangady vs. Income-Tax Officer, Ward-1, Puttur

ITA 659/BANG/2023[2017-18]Status: DisposedITAT Bangalore30 Nov 2023AY 2017-18

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2017-18

For Appellant: Ms. Harsha J, C.A [Instructed by Sri SrihariFor Respondent: Shri Parithivel, JCIT (DR)

Section 234BSection 250Section 80P(2)(a)Section 80P(2)(d)

…such investment, which is not Page 5 of 19 eligible for deduction. The assessee is not suppose to get deduction u/s 80P(2)(d) of the Act relying on the judgment of the Hon’ble Karnataka High Court in the case of Totagars Cooperative Sales Society reported in 395 ITR 611 vide order dated 16/06/2017. In this regard, the show cause notice was issued to the assessee on 24/10/2019. In response to this show cause notice, the assessee filed reply dated 25/11/2019, which has been incorporated by the AO at para No.7.4 of his order. The AO after analyzing the submissions made observed that the assessee has invested its su…

Mahesh Nagari Sahakari Patsanstha Limited, Ahmednagar vs. The Income Tax Officer, Ward-2, Ahmednagar

Appeal is allowed in above terms

ITA 1140/PUN/2023[2018-19]Status: DisposedITAT Pune28 Nov 2023AY 2018-19

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripote

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri Ramnath P Murkunde

Section 143(3)Section 250Section 80P(2)(a)Section 80P(2)(d)Section 80P(2)(i)

…par with other banks would no more be entitled for claim of deduction under Sec. 80P(4) of the Act. Although, in all fairness, we may herein observe that the Hon'ble High Court of Karnataka in the case of Pr. CIT Vs. Totagars co-operative Sale Society (2017) 395 ITR 611 (Karn), as had been relied upon by the ld. D.R before us, had held, that a co-operative society would not be entitled to claim deduction under Sec. 80P(2)(d); but then, the Hon'ble High Court in the case of Pr. Commissioner of Income Tax and Anr. Vs. Totagars Cooperative Sale Society (2017) 392 ITR 74 (Karn) and Hon’ble High Court of Gujarat in t…

Subhash Chowk Urban Co- Operative Credit Society Limited, Jalgaon vs. The Income Tax Officer Ward-1(4), Jalgaon

Appeal is allowed in above terms

ITA 1042/PUN/2023[2020-21]Status: DisposedITAT Pune22 Nov 2023AY 2020-21

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripote

For Appellant: Shri Vinay V KawdiaFor Respondent: Shri M.G. Jasnani

Section 143(3)Section 250Section 80P(2)(a)Section 80P(2)(d)

…par with other banks would no more be entitled for claim of deduction under Sec. 80P(4) of the Act. Although, in all fairness, we may herein observe that the Hon'ble High Court of Karnataka in the case of Pr. CIT Vs. Totagars co-operative Sale Society (2017) 395 ITR 611 (Karn), as had been relied upon by the ld. D.R before us, had held, that a co-operative society would not be entitled to claim 11 ITA.No.1042/PUN./2023 deduction under Sec. 80P(2)(d); but then, the Hon'ble High Court in the case of Pr. Commissioner of Income Tax and Anr. Vs. Totagars Cooperative Sale Society (2017) 392 ITR 74 (Karn) and Hon’ble…

Hillway Sadhna Co Op Operative Housing Society Limited, Mumbai vs. Income Tax Officer, Mumbai

ITA 2675/MUM/2023[2007-2008]Status: DisposedITAT Mumbai20 Nov 2023AY 2007-2008

Bench: Shri Pavan Kumar Gadale, Jm & Ms Padmavathy S, Am

For Appellant: Shri K Shivram, ARFor Respondent: Shri Joginder Singh, Sr. DR

Section 143(1)Section 154Section 80P(2)(d)

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI PAVAN KUMAR GADALE, JM & MS PADMAVATHY S, AM I.T.A. No. 2675 & 2676/Mum/2023 (Assessment Years: 2007-08) I.T.A. No. 2673 & 2674/Mum/2023 (Assessment Years: 2009-10) I.T.A. No. 2671 & 2672/Mum/2023 (Assessment Years: 2010-11) I.T.A. No. 2669 & 2670/Mum/2023 (Assessment Years: 2013-14) I.T.A. No. 2667 & 2668/Mum/2023 (Assessment Years: 2014-15) Hillway Sadhna Co-operative Deputy Commissioner of Housing Society Ltd. Income Tax, CPC, Bangalore Flat No. 1 D, Ground Floor, Hillway Piramal Chamber, Sadhna Co-op Hsg. Soc. Ltd., Vs. Parel, Mumbai-40001…