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 367,194 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 80PSection 250Section 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

Bellad Bagewadi Krishi Seva Sahakari Bank Limited, Hukkeri vs. Income Tax Officer, Ward-1, Gokak

ITA 11/PAN/2022[2017-18]Status: DisposedITAT Panaji13 Jul 2023AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri G.D. Padmahshalistay Application Nos.01, 02 & 03/Pan./2023 Arising Out Of Ita.Nos.11, 89 & 116/Pan./2022 Assessment Years 2017-2018, 2018-2019 & 2020-2021 Along With Ita.Nos.11, 89 & 116/Pan./2022 Assessment Years 2017-2018, 2018-2019 & 2020-2021 & Ita.Nos. 05 & 06/Pan./2020 Assessment Years 2007-2008 & 2008-2009 Bellad Bagewadi Krishi Seva The Income Tax Officer, Sahakari Sangh Bellad Ward-1, Bagewadi, Taluka Hukkeri, Dr. Ghogeri Building, Dist. Belagavi – 591 305 Vs. Belgaum Road, State Of Karnataka. Gokak – 591 307. Pan Aaaat0640C State Of Karnataka (Appellant) (Respondent) For Assessee : Shri Shivanand Halbhavi For Revenue : Shri N. Shrikanth Date Of Hearing : 10.07.2023 Date Of Pronouncement : 13.07.2023 Order

For Appellant: Shri Shivanand HalbhaviFor Respondent: Shri N. Shrikanth
Section 143(3)Section 80P(2)(a)

…in favour of the assessee by the Hon'ble Karnataka High Court in the case of Tumkur Merchants Souharda Credit Cooperative Ltd. (supra). 10. Insofar as the reliance of the ld. DR on the case of Pr. CIT and Another Vs. Totagars Cooperative Sales Society (2017) 395 ITR 611 (Kar.) is concerned, we find that the issue in that case was the eligibility of deduction u/s.80P(2)(d) of the Act on interest earned by the assessee co-operative society on investments made in co-operative banks. In that case, the assessee was engaged in the activity of marketing agricultural produce by its members; accepting deposits from its m…

The Canacona Urban Co-Operative Credit Society Limited, Canacona vs. Income Tax Officer, Ward - 5, Margao

Appeals are allowed in above terms

ITA 104/PAN/2022[2011-12]Status: DisposedITAT Panaji13 Jul 2023AY 2011-12

Bench: Shri Satbeer Singh Godara & Shri G.D. Padmahshali

For Appellant: Shri Amogh ArlekarFor Respondent: Shri N. Shrikanth
Section 143(3)Section 80P(2)(a)Section 80P(4)

…in favour of the assessee by the Hon'ble Karnataka High Court in the case of Tumkur Merchants Souharda Credit Cooperative Ltd. (supra). 10. Insofar as the reliance of the ld. DR on the case of Pr. CIT and Another Vs. Totagars Cooperative Sales Society (2017) 395 ITR 611 (Kar.) is concerned, we find that the issue in that case was the eligibility of deduction u/s.80P(2)(d) of the Act on interest earned by the assessee co-operative society on investments made in co-operative banks. In that case, the assessee was engaged in the activity of marketing agricultural produce by its members; accepting deposits from its m…

The Canacona Urban Co-Operative Credit Society Limited, Canacona vs. Income Tax Officer, Ward - 5, Margao

Appeals are allowed in above terms

ITA 103/PAN/2022[2018-19]Status: DisposedITAT Panaji13 Jul 2023AY 2018-19

Bench: Shri Satbeer Singh Godara & Shri G.D. Padmahshali

For Appellant: Shri Amogh ArlekarFor Respondent: Shri N. Shrikanth
Section 143(3)Section 80P(2)(a)Section 80P(4)

…in favour of the assessee by the Hon'ble Karnataka High Court in the case of Tumkur Merchants Souharda Credit Cooperative Ltd. (supra). 10. Insofar as the reliance of the ld. DR on the case of Pr. CIT and Another Vs. Totagars Cooperative Sales Society (2017) 395 ITR 611 (Kar.) is concerned, we find that the issue in that case was the eligibility of deduction u/s.80P(2)(d) of the Act on interest earned by the assessee co-operative society on investments made in co-operative banks. In that case, the assessee was engaged in the activity of marketing agricultural produce by its members; accepting deposits from its m…

Bellad Bagewadi Krishi Seva Sahakari Bank Limited, Hukkeri vs. Income Tax Officer, Ward-1, Gokak

ITA 6/PAN/2020[2008-09]Status: DisposedITAT Panaji13 Jul 2023AY 2008-09

Bench: Shri Satbeer Singh Godara & Shri G.D. Padmahshalistay Application Nos.01, 02 & 03/Pan./2023 Arising Out Of Ita.Nos.11, 89 & 116/Pan./2022 Assessment Years 2017-2018, 2018-2019 & 2020-2021 Along With Ita.Nos.11, 89 & 116/Pan./2022 Assessment Years 2017-2018, 2018-2019 & 2020-2021 & Ita.Nos. 05 & 06/Pan./2020 Assessment Years 2007-2008 & 2008-2009 Bellad Bagewadi Krishi Seva The Income Tax Officer, Sahakari Sangh Bellad Ward-1, Bagewadi, Taluka Hukkeri, Dr. Ghogeri Building, Dist. Belagavi – 591 305 Vs. Belgaum Road, State Of Karnataka. Gokak – 591 307. Pan Aaaat0640C State Of Karnataka (Appellant) (Respondent) For Assessee : Shri Shivanand Halbhavi For Revenue : Shri N. Shrikanth Date Of Hearing : 10.07.2023 Date Of Pronouncement : 13.07.2023 Order

For Appellant: Shri Shivanand HalbhaviFor Respondent: Shri N. Shrikanth
Section 143(3)Section 80P(2)(a)

…in favour of the assessee by the Hon'ble Karnataka High Court in the case of Tumkur Merchants Souharda Credit Cooperative Ltd. (supra). 10. Insofar as the reliance of the ld. DR on the case of Pr. CIT and Another Vs. Totagars Cooperative Sales Society (2017) 395 ITR 611 (Kar.) is concerned, we find that the issue in that case was the eligibility of deduction u/s.80P(2)(d) of the Act on interest earned by the assessee co-operative society on investments made in co-operative banks. In that case, the assessee was engaged in the activity of marketing agricultural produce by its members; accepting deposits from its m…

Bellad Bagewadi Krishi Seva Sahakari Bank Limited, Hukkeri vs. Income Tax Officer, Ward-1, Gokak

ITA 5/PAN/2020[2007-08]Status: DisposedITAT Panaji13 Jul 2023AY 2007-08

Bench: Shri Satbeer Singh Godara & Shri G.D. Padmahshalistay Application Nos.01, 02 & 03/Pan./2023 Arising Out Of Ita.Nos.11, 89 & 116/Pan./2022 Assessment Years 2017-2018, 2018-2019 & 2020-2021 Along With Ita.Nos.11, 89 & 116/Pan./2022 Assessment Years 2017-2018, 2018-2019 & 2020-2021 & Ita.Nos. 05 & 06/Pan./2020 Assessment Years 2007-2008 & 2008-2009 Bellad Bagewadi Krishi Seva The Income Tax Officer, Sahakari Sangh Bellad Ward-1, Bagewadi, Taluka Hukkeri, Dr. Ghogeri Building, Dist. Belagavi – 591 305 Vs. Belgaum Road, State Of Karnataka. Gokak – 591 307. Pan Aaaat0640C State Of Karnataka (Appellant) (Respondent) For Assessee : Shri Shivanand Halbhavi For Revenue : Shri N. Shrikanth Date Of Hearing : 10.07.2023 Date Of Pronouncement : 13.07.2023 Order

For Appellant: Shri Shivanand HalbhaviFor Respondent: Shri N. Shrikanth
Section 143(3)Section 80P(2)(a)

…in favour of the assessee by the Hon'ble Karnataka High Court in the case of Tumkur Merchants Souharda Credit Cooperative Ltd. (supra). 10. Insofar as the reliance of the ld. DR on the case of Pr. CIT and Another Vs. Totagars Cooperative Sales Society (2017) 395 ITR 611 (Kar.) is concerned, we find that the issue in that case was the eligibility of deduction u/s.80P(2)(d) of the Act on interest earned by the assessee co-operative society on investments made in co-operative banks. In that case, the assessee was engaged in the activity of marketing agricultural produce by its members; accepting deposits from its m…

The Khanapur vs. S Sangh Ltd, Belgaum

Appeal is allowed in above terms

ITA 62/PAN/2022[2017-18]Status: DisposedITAT Panaji12 Jul 2023AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri G.D. Padmahshali

For Appellant: Shri Pramod Y VaidyaFor Respondent: Shri Prabhakar Anand DJ
Section 143(3)Section 263Section 80PSection 80P(2)(a)Section 80P(2)(d)

…in favour of the assessee by the Hon'ble Karnataka High Court in the case of Tumkur Merchants Souharda Credit Cooperative Ltd. (supra). 10. Insofar as the reliance of the ld. DR on the case of Pr. CIT and Another Vs. Totagars Cooperative Sales Society (2017) 395 ITR 611 (Kar.) is concerned, we find that the issue in that case was the eligibility of deduction u/s.80P(2)(d) of the Act on interest earned by the assessee co-operative society on investments made in co-operative banks. In that case, the assessee was engaged in the 8 ITA.No.62/PAN./2022 activity of marketing agricultural produce by its members; accepti…

Shecospin Employees Coop. Credit Society Ltd., Solapur vs. The Income Tax Officer, Ward 2, Pandharpur

In the result, the appeal filed by the assessee in ITA

ITA 421/PUN/2023[2020-21]Status: DisposedITAT Pune10 Jul 2023AY 2020-21

Bench: Shri Inturi Rama Raoआयकर अपील सं. / Ita Nos.420 & 421/Pun/2023 िनधा"रण वष" / Assessment Years : 2018-19 & 2020-21 Shecospin Employees Coop. Vs. Ito, Ward-2, Credit Society Ltd., Pandharpur. Soot Girni Campus, Miraj Pandharpur Road, At & Post Taluka Sangola, Dist. Solapur- 413307. Pan : Aaeas4895A Appellant Respondent Assessee By : None Revenue By : Shri Rajesh Gawali Date Of Hearing : 21.06.2023 Date Of Pronouncement : 10.07.2023 आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By The Assessee Directed Against The Separate Orders Of The National Faceless Appeal Centre, Delhi [‘Nfac’] Dated 20.02.2023 & 01.03.2023 For The Assessment Years 2018-19 & 2020-21 Respectively. 2. Since The Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal In Ita No.420/Pun/2023 For The Assessment Year 2018-19 Are Stated Herein.

For Appellant: NoneFor Respondent: Shri Rajesh Gawali
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 Nos.420 & 421/PUN/2023 िनधा"रण वष" / Assessment Years : 2018-19 & 2020-21 Shecospin Employees Coop. Vs. ITO, Ward-2, Credit Society Ltd., Pandharpur. Soot Girni Campus, Miraj Pandharpur Road, At & Post Taluka Sangola, Dist. Solapur- 413307. PAN : AAEAS4895A Appellant Respondent Assessee by : None Revenue by : Shri Rajesh Gawali Date of hearing : 21.06.2023 Date of pronouncement : 10.07.2023 आदेश / ORDER PER INTURI RAMA RAO, AM: These are the appeals filed by the assessee directed against…

Shecospin Employees Coop. Credit Society Ltd., Solapur vs. The Income Tax Officer, Ward 2, Pandharpur

In the result, the appeal filed by the assessee in ITA

ITA 420/PUN/2023[2018-19]Status: DisposedITAT Pune10 Jul 2023AY 2018-19

Bench: Shri Inturi Rama Raoआयकर अपील सं. / Ita Nos.420 & 421/Pun/2023 िनधा"रण वष" / Assessment Years : 2018-19 & 2020-21 Shecospin Employees Coop. Vs. Ito, Ward-2, Credit Society Ltd., Pandharpur. Soot Girni Campus, Miraj Pandharpur Road, At & Post Taluka Sangola, Dist. Solapur- 413307. Pan : Aaeas4895A Appellant Respondent Assessee By : None Revenue By : Shri Rajesh Gawali Date Of Hearing : 21.06.2023 Date Of Pronouncement : 10.07.2023 आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By The Assessee Directed Against The Separate Orders Of The National Faceless Appeal Centre, Delhi [‘Nfac’] Dated 20.02.2023 & 01.03.2023 For The Assessment Years 2018-19 & 2020-21 Respectively. 2. Since The Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal In Ita No.420/Pun/2023 For The Assessment Year 2018-19 Are Stated Herein.

For Appellant: NoneFor Respondent: Shri Rajesh Gawali
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 Nos.420 & 421/PUN/2023 िनधा"रण वष" / Assessment Years : 2018-19 & 2020-21 Shecospin Employees Coop. Vs. ITO, Ward-2, Credit Society Ltd., Pandharpur. Soot Girni Campus, Miraj Pandharpur Road, At & Post Taluka Sangola, Dist. Solapur- 413307. PAN : AAEAS4895A Appellant Respondent Assessee by : None Revenue by : Shri Rajesh Gawali Date of hearing : 21.06.2023 Date of pronouncement : 10.07.2023 आदेश / ORDER PER INTURI RAMA RAO, AM: These are the appeals filed by the assessee directed against…

Rustomjee Aspiree Premises Co-Op Soc. Ltd, Mumbai vs. ITO, Ward 26(2)(5), Mumbai

In the result the appeal filed by the assessee is allowed

ITA 1195/MUM/2023[2017-18]Status: DisposedITAT Mumbai10 Jul 2023AY 2017-18

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2017-18 Rustomjee Aspiree Premises Co- Ito Ward 26(2)(5), Op. Soc. Ltd., Room No. 319, 3Rd Floor, Kautilya Vs. Ground Floor, Rustomjee Bhavan, C-41 To C-43, ‘G’ Block Aspiree, Cts No. 628, Ai, Pt Bandra Kurla Complex, Bandra Kurla, Eatern Express Highway, (East), Mumbai-400051. Sion, Mumbai-400022. Pan No. Aabar 4001 L Appellant Respondent

For Appellant: Mr. Dharan GandhiFor Respondent: Ms. Indira Adakil, DR
Section 143(3)Section 80P(2)(d)

…urt. 10. Lastly, in so far as judgment of Hon’ble Karnataka High Court in 10. Lastly, in so far as judgment of Hon’ble Karnataka High Court in 10. Lastly, in so far as judgment of Hon’ble Karnataka High Court in the case of Totagars Cooperative Sale Society (395 ITR 611), which has the case of Totagars Cooperative Sale Society (395 ITR 611), which has been referred and relied upon by the Ld. CIT(A), the Hon’ble High Court been referred and relied upon by the Ld. CIT(A), the Hon’ble High Court been referred and relied upon by the Ld. CIT(A), the Hon’ble High Court has held against and observed that income by way…

Gautam Dhan Co-Op. Housing Society Ltd., Mumbai vs. ITO Ward 34(2)(1), Mumbai

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

ITA 997/MUM/2023[2019-20]Status: DisposedITAT Mumbai15 Jun 2023AY 2019-20

Bench: Shri Pavan Kumar Gadalegautam Dhan Co-Op Ito, Ward 34(2)(1), Housing Society Ltd., 815, Kautilya Bhavan बनाम/ 368, Bajaj Road, Bkc,Bandra (E), Vs. Vile Parle (W), Mumbai- 400051. Mumbai- 400056. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaabg0540K (""थ" / Respondent) (अपीलाथ" /Appellant)

For Appellant: Mr. Manan Mathuria.ARFor Respondent: Ms. Kavita Kaushik.DR
Section 143(1)Section 250Section 80PSection 80P(2)(d)

…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 cas…

Colaba Sangita Co. Op Hsg Soc. Ltd, Mumbai vs. Commissioner of Income Tax, Mumbai

In the result, appeal filed by the assessee is allowed

ITA 865/MUM/2023[2017-18]Status: DisposedITAT Mumbai15 Jun 2023AY 2017-18

Bench: Shri Pavan Kumar Gadale, Hon’Ble & Shri S. Rifaur Rahman, Hon'Blecolaba Sangita Coop Hsg Ltd V. Commissioner Of Income Tax 27/28 Colaba Sangita Co-Op Mumbai Housing Soc Ltd, Arthur Bunder Road, Colaba Mumbai- 400005 Pan: Aaaac1325P (Appellant) (Respondent) Assessee Represented By : Shri. Vimal Punmiya Department Represented By : Ms. Deepika Arora

Section 143(3)Section 234ASection 274Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 80P(4)

…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…

Shiraz Co-Operative Housing Society Ltd, Mumbai vs. DCIT/ACIT, CPC, Bangalore

In the result, appeal filed by the assessee is allowed

ITA 820/MUM/2023[2020-21]Status: DisposedITAT Mumbai15 Jun 2023AY 2020-21

Bench: Shri Pavan Kumar Gadale, Hon’Ble & Shri S. Rifaur Rahman, Hon'Bleshiraz Co-Operative Housing V. Dcit/Acit, Cpc, Bangalore Society Ltd Kautilya Bhavan Plot No. 9/10, Shiraz Chs Mumbai- 400051 Telli Galli, Andheri (East) Mumbai- 400069 Pan: Aabas5242A (Appellant) (Respondent) Assessee Represented By : Shri. Bhupendra Shah Department Represented By : Ms. Deepika Arora

Section 143(3)Section 154Section 234ASection 80PSection 80P(2)(a)Section 80P(2)(d)Section 80P(4)

…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…

Bhoomi Classic Co-Op Hsg.Soc.Ltd., Mumbai vs. ITO Ward-30(1)(2), Mumbai

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

ITA 981/MUM/2023[2017-18]Status: DisposedITAT Mumbai09 Jun 2023AY 2017-18

Bench: Shri Pavan Kumar Gadalebhoomi Classic Co-Op Ito, Ward 30(1)(2) Hsg. Soc. Ltd., Room No. 436, 4Th बनाम/ Cts No. 1406, Link Floor, Kautilya Vs. Road, Opp Sabkuch Bhavan, C-41 To C- Market, Malad (West) 43, G Block, Bkc, Mumbai- 400064. Bandra (E) Mumbai – 400051. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaab4452G (""थ" / Respondent) (अपीलाथ" /Appellant)

For Appellant: Ms. NeelamJadhav.ARFor Respondent: Ms. Kavita Kaushik.DR
Section 143(1)Section 143(2)Section 143(3)Section 250Section 80PSection 80P(2)(d)

…Centre may be set aside and the Assessing Officer may be directed to allow the claim u/s 80P(2)(d) of the Act. 3. Without prejudice to above, the National Faceless Appeal Centre (NFAC) relied on the case laws Pr. CIT v. Totagars Co- operative Society [2017] 395 ITR 611 (SC) which was considered by the Honorable tribunal and granted the relief, hence order of NFAC may be set aside and the Assessing Officer may be directed. 4. Without prejudice to above, the Judgment of Katlary Kariyana Merchant Sahakari Sarafi Mandali Ltd. vs. ACIT [2022] 140 taxmann.com 602 (Guj)(HC) relied by the NFAC is on the issue of reass…

Goragandhi Co-Operative Housing Society Ltd., Mumbai vs. ITO-32(1)(5), Mumbai

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

ITA 1024/MUM/2023[2017-18]Status: DisposedITAT Mumbai08 Jun 2023AY 2017-18

Bench: Shri Pavan Kumar Gadale & Shri S Rifaur Rahmangoragandhicooperative Ito-32(1)(5), Housingsociety Ltd., Room.No 729, बनाम/ Svp Road, Borivali (W) Kautilya Bhavan, Vs. Mumbai –400 051. Bkc,Bandra (E), Mumbai – 400 051. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaag3933F (""थ" / Respondent) (अपीलाथ" /Appellant)

For Appellant: Mr. Pojan Mehta.ARFor Respondent: Ms. Kavita Kaushik.DR
Section 143(1)Section 143(2)Section 143(3)Section 250Section 80PSection 80P(2)(d)Section 80P(4)

…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 cas…

Uppinangady Catholic Multipurpose Co-Operative Society Ltd., Puttur vs. Income-Tax Officer, Ward-1, Puttur

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

ITA 292/BANG/2023[2016-17]Status: DisposedITAT Bangalore07 Jun 2023AY 2016-17

Bench: Shri George George Kassessment Year : 2016-17 M/S. Uppinangady Catholic Multipurpose The Income Tax Officer, Co-Operative Society Ltd., Ward - 1, Uppinangadi, Puttur Taluk, Vs. Puttur, D. K. District – 574 241. D. K. District – 574 201. Pan : Aaaau 8482 H Appellant Respondent Assessee By : Shri. Mahesh R. Uppin, Advocate Revenue By : Shri. Ganesh R. Ghale, Advocate – Standing Counsel For Revenue. Date Of Hearing : 07.06.2023 Date Of Pronouncement : 07.06.2023

For Appellant: Shri. Mahesh R. Uppin, AdvocateFor Respondent: Shri. Ganesh R. Ghale, Advocate – Standing Counsel for Revenue
Section 143(1)Section 80P(2)(a)Section 80P(2)(d)

…submitted that the assessee is not entitled to deduction either under section 80P(2)(a)(i) or under 80P(2)(d) of the Act and relied on the judgment of the Hon’ble jurisdictional High Court in the case of Totagars Co-operative Sale Society Vs. ITO reported in 395 ITR 611. 7. I have heard the rival submissions and perused the material on record. In the instant case, admittedly assessee has been accepting and giving loan to non- Page 4 of 7 members also (associate members). Section 18 of Karnataka Co-operative Societies Act, 1959, defines a nominal or associate members as under: "Nominal or Associate members : No…

M/S. Allstate India Private Limited, Bengaluru vs. The Deputy Commissioner of Income Tax, Circle - 1(1)(1), Bengaluru

In the result, the appeal of the assessee is allowed

ITA 257/BANG/2023[2018-19]Status: DisposedITAT Bangalore31 May 2023AY 2018-19

Bench: Shri George George K. & Shri Laxmi Prasad Sahuassessment Year: 2018-19

For Appellant: Shri Prakash Shridhar Hegde, A.RFor Respondent: Shri Gudimella VP Pavan Kumar, D.R
Section 10ASection 139

…In Totgars Co-operative Sale Society Ltd. v. ITO [2010] 322 ITR 283/188 Taxman 282, which judgment was relied upon by the Division Bench of this Court for the later years also while deciding Principal CIT v. Totagar's Co-operative Societies Sales Ltd. [2017] 395 ITR 611/83 taxmann.com 140 (Kar.), the Hon'ble Supreme Court held that the profits and gains of business attributable to one of the activities specified in Section 80-P(2)(a) of the Act which gave 100% deduction from tax to the Co-operative Societies engaged in specified types of activities did not include the interest earned by it by investing Surplus F…

Sampada Nagari Sahakari Patsanstha Maryadit, Pune vs. The Principal Commissioner of Income Tax-4, Pune

Appeal is allowed in above terms

ITA 556/PUN/2023[2018-19]Status: DisposedITAT Pune29 May 2023AY 2018-19

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

For Appellant: -None-For Respondent: Shri Shashank Deogadkar
Section 143(3)Section 263Section 80PSection 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 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…

Urulikanchan Gramin Bigarshety Sahakari Patsanstha Maryadit, Pune vs. The Income Tax Officer, Ward-14(3), Pune

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

ITA 554/PUN/2023[2018-19]Status: HeardITAT Pune26 May 2023AY 2018-19

Bench: Shri Inturi Rama Raoआयकर अपील सं. / Ita No.554/Pun/2023 िनधा"रण वष" / Assessment Year : 2018-19 Urulikanchan Gramin Vs. Ito, Ward-14(3), Pune. Bigarshety Sahakari Patsanstha Maryadit, At & Post Urulikanchan, Taluka- Haveli, Urulikanchan, Pune- 412202. Pan : Aaaau0866D Appellant Respondent Assessee By : None Revenue By : Shri Piyush Kumar Singh Yadav Date Of Hearing : 25.05.2023 Date Of Pronouncement : 26.05.2023 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of The National Faceless Appeal Centre, Delhi [‘Nfac’] Dated 09.03.2023 For The Assessment Year 2018-19. 2. Briefly, The Facts Of The Case Are That The Appellant Is A Co- Operative Society Registered Under The Provisions Of The Maharashtra

For Appellant: NoneFor Respondent: Shri Piyush Kumar Singh Yadav
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.554/PUN/2023 िनधा"रण वष" / Assessment Year : 2018-19 Urulikanchan Gramin Vs. ITO, Ward-14(3), Pune. Bigarshety Sahakari Patsanstha Maryadit, At and Post Urulikanchan, Taluka- Haveli, Urulikanchan, Pune- 412202. PAN : AAAAU0866D Appellant Respondent Assessee by : None Revenue by : Shri Piyush Kumar Singh Yadav Date of hearing : 25.05.2023 Date of pronouncement : 26.05.2023 आदेश / ORDER PER INTURI RAMA RAO, AM: This is an appeal filed by the assessee directed against the order of the Na…

Shri Siddhanath Nagari Sahkari Patsanstha Marya, Satara vs. Pr. CIT-3, Pune

Appeal is allowed in above terms

ITA 180/PUN/2023[2017-18]Status: DisposedITAT Pune26 May 2023AY 2017-18

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

For Appellant: Shri J.R. ChandekarFor Respondent: Shri Deepak Garg
Section 143(3)Section 263Section 80PSection 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 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…

Kai Fakira Jairam Patil Sahakari Patsanstha Maryadit Shahada, Nandurbar vs. Invcome Tax Officer Ward-1, Dhule

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

ITA 553/PUN/2023[2020-21]Status: DisposedITAT Pune25 May 2023AY 2020-21
For Appellant: Adjournment application rejectedFor Respondent: Shri Ramnath P. Murkunde
Section 143(3)Section 80P(2)(a)Section 80P(2)(d)

…IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI S. S. GODARA, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER आयकर अपील सं. / ITA No.553/PUN/2023 िनधा"रण वष" / Assessment Year : 2020-21 Kai Fakira Jairam Patil Vs. ITO, Ward-1, Dhule. Sahakari Patsanstha Maryadit Shahada, Plot No.5A, Vrindavan Nagar, Besides Swami Samaratha Kendra, Shahada Tal. Shahada, Dist. Nandurbar- 425409 PAN : AAAAK5870D Appellant Respondent Assessee by : Adjournment application rejected Revenue by : Shri Ramnath P. Murkunde Date of hearing : 23.05.2023 Date of pronouncement : 25.05.2023 आदेश / ORDER PER IN…