Pr. CIT v. Totagars

Jansevak Co-Op Credit Society Ltd, Mumbai vs. Income Tax Officer, Ward 27(1)(5), Mumbai

…r Sec. 80P(2)(d) on the interest income on the investments/deposits parked with a co-operative bank. 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), 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…

Golden Square Chs Ltd., Mumbai vs. ITO-22 (1)(5), Mumbai

In the result, the two appeals filed by the assesee are allowed

Bench: Shir Pavan Kumar Gadaleita No. 572 & 573/Mum/2023 (A.Y: 2012-13 & 2013-14) Golden Square Chsltd., Vs. Ito – 22(1)(5),Roomno. Cst Road, Sunder Nagar 323,3Rdfloor,Piramal Kalina, Santicruz (E) Chamber,Lalbaug, Mumbai. 400098 Parel, Mumbai.400012 Pan/Gir No. : Aaaag2527M Appellant .. Respondent Appellant By : Shri Kunal Lunawat & Shri Rajendra Kumar Jain.Ar Respondent By : Shri Rajendra Chandekar.Dr Date Of Hearing 02.05.2023 Date Of Pronouncement 04.05.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: These Are The Two Appeals Filed The Assessee Against The Different Orders Of The National Faceless Appeal Centre (Nfac)/Cit(A), Delhi Passed U/S 250 Of The Act.

…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…

Shree Durgamata Co-Operative Credit Soc Ltd., Mumbai vs. CIT (A) - NFAC, Delhi

In the result the appeal filed by the appeal is allowed

Bench: Shir Pavan Kumar Gadaleshree Durgamata Co-Op Vs. Cit(A)-Nfac, Society Ltd, Room.No 245-A, Room.No.52,Khandkebldg. North Block, No.12,Jksawantmarg, New Delhi, Opp Shivaji Mandir, Delhi-110001. Dadar (W), Mumbai-400028. Pan/Gir No. : Aagas9038K Appellant .. Respondent Appellant By : Shri.Gautam Gokhale.Ar Respondent By : Shri.Rajendra Chandekar.Dr Date Of Hearing 01.05.2023 Date Of Pronouncement 01.05.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi/Cit(A) Passed U/Sec 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

…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…

Rehanabad Co-Oprative Housing Society Limited, Mumbai vs. Income Tax Officer, Ward 24(1)(1), Mumbai

In the result, appeal filed by the assessee is allowed

Bench: Shri S. Rifaur Rahman, Hon'Blerehanabad Co-Operative Housing V. Ito- Ward 24(1)(1) Society Limited Piramal Chambers 8, Rehanabad Housing Society Ltd, Dr. Ss Rao Marg, Lower Parel Spence Road, Byculla Mumbai- 400012 Mumbai- 400008 Pan: Aaaar4330D (Appellant) (Respondent)

…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…

Vasant Valley Aster Tower Co-Op. Hsg. Soc. Ytd., Mumbai vs. ITO, Ward 30(2)(7), Mumbai

Accordingly, disallowance of INR 24,35,082/- made by the Assessing Officer and confirmed by CIT(A) is deleted and Ground No.1 raised by the Appellant is allowed

…IN THE INCOME TAX APPELLATE TRIBUNAL "SMC" BENCH, MUMBAI SHRI B.R. BASKARAN, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER Vasant Valley Aster Tower Co-Op. Housing Society Ltd., CTS No. 152-153 A, V V Aster Tower CHS Ltd., Off Gen. A.K. Vaidya Marg, Malad (East), Mumbai - 400097 [PAN: AAAAV3147Q] …………… Appellant Vs Income Tax Officer, Ward 30(2)(7), Mumbai, Kautilya Bhawan, G Block, Bandra Kurla Complex, Bandra (East), Respondent ……………. Mumbai - 400051 Appearance For the Appellant/Assessee : Shri J.P. Purohit For the Respondent/Department : Ms. Naina K. Kumar Date : 18.04.2023 Conclusion of hearing : 2…

Kalpataru Estate Building Building No.2 Co Op Hsg Soc Ltd., Mumbai vs. Add/Jt/Dy/ACIT, NFAC, Delhi

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

Bench: Shri B.R. Baskaran (Am) & Shri Rahul Chaudhary (Jm)

…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 5 Kalpataru Estate Building No. 2 Cooper…

Rustomjee Regency 1 Co-Op Housing Society, Mumbai vs. CIT, CPC, Bangalore

In the result the appeal filed by the appeal is allowed

Bench: Shir Pavan Kumar Gadalerustomjee Regency 1 Vs. Acit,Cpc Co-Op Housing Society Bangalore Cts No. 921/1, Rustom Irani Marg, Off Js Road, Dahisar (E), Mumbai – 400068. Pan/Gir No. : Aaaar6262J Appellant .. Respondent Appellant By : Shri.Mayur Makadia.Ar Respondent By : Smt.Jayashree Thakur.Dr Date Of Hearing 26.04.2023 Date Of Pronouncement 28.04.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi/Cit(A) Passed U/Sec 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

…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…

Moreshwar Krupa Co Op Housing Society Ltd, Mumbai vs. ITO, 29(2)(2), Mumbai

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

Bench: Shri B.R. Baskaran (Am) & Shri Rahul Chaudhary (Jm)

…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…

The Dohad Saifee Co-Operative Housing Society Ltd., Mumbai vs. DCIT/ACIT, CPC, Mumbai

In the result, appeal filed by the assessee is allowed

Bench: Shri S. Rifaur Rahman, Hon'Blethe Dohad Saifee Co-Operative V. Dcit/Acit, Cpc Bangalore Housing Society Limited Kautilya Bhavan Plot No. 10/6 Dohad Saifee Chs Mumbai- 400051 9Th N.S. Road, J.V.P.D. Scheme Vile Parle (W), Mumbai- 400049 Pan: Aabat1406F (Appellant) (Respondent)

…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…

ITO Ward-3(4), Thane vs. Tarangan II Chsl, Mumbai

In the result, appeal filed by the revenue is dismissed

Bench: Shri S. Rifaur Rahman, Hon'Bleito Ward -3(4) V. Tarangan Ii Chsl Room No. 9, B-Wing, 6Th Floor Plot No. 31, Pokharan Rd No. 1 Cadbury Compound Ashar It Park, Wagle Industrial Estate Thane (W)- 400604 Thane- 400606 Pan: Aabat4695G (Appellant) (Respondent) Assessee Represented By : None Department Represented By : Shri S N Kabra

…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…

M/S. the Ajanta Ideal Co-Operative Housing Society Limited, Mumbai vs. Asst. Director of Incometax, CPC, Bengaluru

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

Bench: Shir Pavan Kumar Gadalethe Ajanta Ideal Co- Vs. Adit,Cpc Operative Housing 1Stfloor,Prestigealpha, Society Ltd, 7/1+2, Hosour Road, Ajanta Apartments, Bengaluru-560100. Near Bus Station, 75, Colaba Road, Mumbai-400005 Pan/Gir No. : Aaaat7871M Appellant .. Respondent Appellant By : None Respondent By : Ms. Jayashree Thakur.Dr Date Of Hearing 27.04.2023 Date Of Pronouncement 28.04.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi/Cit(A) Passed U/Sec 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

…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…

Beliram Industrial Estate Premises Co-Op Society Ltd, Mumbai vs. Asst. Director of Income Tax, CPC, Bangaluru

In the result the appeal filed by the appeal is allowed

Bench: Shir Pavan Kumar Gadalebeliram Industrialestate Vs. Adit,Cpc, Premises Co- Soc Ltd., Bengaluru-560500 Sv Road, Dahisar, Mumbai-400068. Pan/Gir No. : Aaaab6799E Appellant .. Respondent Appellant By : Mr.Prakash Shah.Ar Respondent By : Ms.Jayashree Thakur.Dr Date Of Hearing 27.04.2023 Date Of Pronouncement 28.04.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi/Cit(A) Passed U/Sec 250 Of The Act.The Assessee Has Raised The Following Grounds Of Appeal:

…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…

Malad Koikl Co, Operatvie Housing Society Limited, Mumbai vs. ITO Ward 41(3)(2), Mumbai

In the result, the two appeals filed by the assessee are allowed

Bench: Shri Pavan Kumar Gadaleita Nos. 522 & 523/Mum/2023 (A.Ys: 2018-19 & 2019-20) Maladkokilco-Operative Vs. Ito, Ward 41(3)(2), Housing Society, Dgit(Vig)(West), S-2, Ground Floor, Mumbai-400020. Sunder Nagar, Sv Road, Malad (W), Mumbai -400064. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaeam8796J Appellant .. Respondent Assessee By : Shri. Kirit Sanghavi.Ar Revenue By : Smt.Jayashree Thakur.Dr Date Of Hearing 25.04.2023 Date Of Pronouncement 27.04.2023 आदेश / O R D E R

…r Sec. 80P(2)(d) on the interest income on the investments/deposits parked with a co-operative bank. 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), 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…

Middle Income Co-Op Hsg. Ltd, Mumbai vs. Assessing Officer, National E-Assessment Centre, Delhi

In the result the appeal filed by the appeal is allowed

Bench: Shir Pavan Kumar Gadalemiddle Income Group Vs. Ito, Co.Op Hsg Soc. Ltd. Neac Centre, Behind Bldg.No. D-17, Delhi Gandhi Nagar,Bandra(E) Mumbai-400051 Pan/Gir No. : Aabm0722B Appellant .. Respondent Appellant By : Mr.Dharan Gandhi.Ar Respondent By : Ms.Jayashree Thakur.Dr Date Of Hearing 25.04.2023 Date Of Pronouncement 27.04.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi/Cit(A) Passed U/Sec 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

…r Sec. 80P(2)(d) on the interest income on the investments/deposits parked with a co-operative bank. 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), had concluded that a Middle Income Group Co.Op Hsg Soc Ltd., Mumbai. 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…

The Motta Mahal Co.Op. Hsg Soc.Ltd, Mumbai vs. ITO, Ward 19(3)(1), Mumbai

In the result, the appeal of the assessee is allowed

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.56/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2020-21) The Motta Mahal Co. Op बिधम/ Ito Ward 19(3)(1) Hsg Soc. Ltd Matru Mandir, Vs. The Motta Mahal Co. Op Mambai- 400007 . Hsg Soc Ltd., Nirmala Mahal, Bomanji Petit Road, Mumbai- 400036 . स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaaat0316R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri. Nilesh Gaikwad Revenue By: Smt. Anil Gupta सुनवाई की तारीख / Date Of Hearing: 01/03/2023 घोषणा की तारीख /Date Of Pronouncement: 31/03/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Appellant/Assessee Motta Mahal Co-Operative Housing Society Ltd. Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 30.11.2022 For The Assessment Year 2020-21. 2. Assessee Is A Co-Operative Housing Society, Registered Under The Maharashtra Co-Op Society Act 1960. The Grounds Of Appeal Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Action Of Ao/Cpc Not Allowing The Claim Of The Assessee On The Interest Income U/S 80P(2)(D) Of The Income Tax Act, 1961 (Hereinafter “The Act”) Which It Had Received From Maharashtra State Cooperative Bank To The Tune Of Rs. 99,807/-.

…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. 6 A.Y. 2020-21 The Motta Mahal Co-op HSG Soc. Ltd. 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…