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

Prathamik Krishi Pattin Sahakari Sangh Niyamit Sankeshwar, Belgaum vs. ITO, Ward - 1(3), Belgaum

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

ITA 64/PAN/2018[2012-13]Status: DisposedITAT Panaji06 Apr 2022AY 2012-13

Bench: Shri Inturi Rama Rao, Am & Shri S. S. Viswanethra Ravi, Jm आयकर अपील सं. / Ita No.64/Pan/2018 िनधा"रण वष" / Assessment Year : 2012-13 Prathamik Krishi Pattin Sahakhari Sangh Niyamit Sankeshwar, Azad Road, Sankeshwar, Tq: Hukkeri, Dist. Belgaum- 591313. .......अपीलाथ" / Appellant Pan : Aaaat4153E बनाम / V/S. Ito, Ward- 1(3), ……""यथ" / Respondent Belgaum. Assessee By : Shri M. S. Tigadi Revenue By : Shri Rijula Uniyal सुनवाई क" तारीख / Date Of Hearing : 04.04.2021 घोषणा क" तारीख / Date Of Pronouncement : 06.04.2022 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals), Belagavi [‘Cit(A)’ For Short] Dated 29.11.2017 For The Assessment Year 2012-13. 2. Briefly, The Facts Of The Case Are That The Appellant Is A Cooperative Society Engaged In The Business Of Providing Credit Facilities To Its Members. The Return Of Income For The Assessment Year 2012-13 Was Filed On 15.09.2013 Declaring Rs.Nil Income. Against The Said Return Of Income, The Assessment Was Completed By The Income Tax Officer, Ward- 1(3), Belgaum (‘The Assessing

For Appellant: Shri M. S. TigadiFor Respondent: Shri Rijula Uniyal
Section 143(3)Section 80P(2)(a)Section 80P(2)(d)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…

The Markandey Mahila Multipurpose Co-Op. Society Ltd, Belgaum vs. ITO, Ward - 1(2), Belgaum

In the result, appeal of the assessee is allowed in terms of our aforesaid observations

ITA 372/PAN/2017[2012-13]Status: DisposedITAT Panaji31 Mar 2022AY 2012-13

Bench: Shri Ravish Sood & Shri Jamlappa D Battullआयकर अपील सं. / Ita No. 372/Pan/2017 "नधा"रण वष" / Assessment Year : 2012-13 The Markendey Mahila Multipurpose Co-Op Society Ltd.,12, At Post-Kangrail-Khurd, Taluka & Dist. Belgaum. Pan : Aabam5563C .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Ward -1(2), Belgaum ……""यथ" / Respondent Assessee By : Shri Pramod Vaidhya, Ar Revenue By : Shri Sourabh Nayak, Sr. Dr

For Appellant: Shri Pramod Vaidhya, ARFor Respondent: Shri Sourabh Nayak, Sr. DR
Section 143(1)Section 143(2)Section 143(3)Section 56Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 80P(4)

…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…

Sahyadri Sahakari Sakhar Karkhana Ltd, Kolhapur vs. Assistant Commissioner of Income-Tax, Circle - 2, Kolhapur

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

ITA 2255/PUN/2017[2013-14]Status: DisposedITAT Pune29 Mar 2022AY 2013-14

Bench: Shri Inturi Rama Rao & Shri Sonjoy Sarmaआयकर अपील सं. / Ita Nos.2254, 2255 & 2277/Pun/2017 िनधा"रण वष" / Assessment Years: 2012-13, 2013-14 & 2014-15 Sahyadri Sahakari Sakhar Vs. Ito, Ward- 1(4), Karkhana Ltd., Kolhapur / C/O S.V. Phadnis C.A., Acit, Circle-2, 613, E Ward, Phadnis Kolhapur. Chambers, Shahupuri, 1St Lane, Kolhapur. Pan : Aaaas9803L Appellant Respondent Assessee By : None Revenue By Shri M. Jasnani : Date Of Hearing : 25.03.2022 Date Of Pronouncement : 29.03.2022 आदेश / Order Per Inturi Rama Rao, Am : These Are The Appeals Filed By The Assessee Directed Against The Different Orders Of Ld. Commissioner Of Income Tax (Appeals)-1, Kolhapur [(‘Cit(A)’ For Short] Commonly Dated 09.08.2017 For The Assessment Years 2012-13, 2013-14 & 2014-15 Respectively. 2. Since The Identical Facts & Issues Are Involved In All Above Three 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.2254/Pun/2017 For The Assessment Year 2012-13 Are Stated Herein.

For Appellant: None
Section 234ASection 80PSection 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 activity of marketing agricultural produce by its members; accepting deposits from its m…

Sahyadri Sahakari Sakhar Karkhana Ltd, Kolhapur vs. Income-Tax Officer, Ward - 1(4), Kolhapur

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

ITA 2254/PUN/2017[2012-13]Status: DisposedITAT Pune29 Mar 2022AY 2012-13

Bench: Shri Inturi Rama Rao & Shri Sonjoy Sarmaआयकर अपील सं. / Ita Nos.2254, 2255 & 2277/Pun/2017 िनधा"रण वष" / Assessment Years: 2012-13, 2013-14 & 2014-15 Sahyadri Sahakari Sakhar Vs. Ito, Ward- 1(4), Karkhana Ltd., Kolhapur / C/O S.V. Phadnis C.A., Acit, Circle-2, 613, E Ward, Phadnis Kolhapur. Chambers, Shahupuri, 1St Lane, Kolhapur. Pan : Aaaas9803L Appellant Respondent Assessee By : None Revenue By Shri M. Jasnani : Date Of Hearing : 25.03.2022 Date Of Pronouncement : 29.03.2022 आदेश / Order Per Inturi Rama Rao, Am : These Are The Appeals Filed By The Assessee Directed Against The Different Orders Of Ld. Commissioner Of Income Tax (Appeals)-1, Kolhapur [(‘Cit(A)’ For Short] Commonly Dated 09.08.2017 For The Assessment Years 2012-13, 2013-14 & 2014-15 Respectively. 2. Since The Identical Facts & Issues Are Involved In All Above Three 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.2254/Pun/2017 For The Assessment Year 2012-13 Are Stated Herein.

For Appellant: None
Section 234ASection 80PSection 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 activity of marketing agricultural produce by its members; accepting deposits from its m…

Sahyadri Sahakari Sakhar Karkhana Ltd, Kolhapur vs. Assistant Commissioner of Income-Tax, Circle - 2, Kolhapur

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

ITA 2277/PUN/2017[2014-15]Status: DisposedITAT Pune29 Mar 2022AY 2014-15

Bench: Shri Inturi Rama Rao & Shri Sonjoy Sarmaआयकर अपील सं. / Ita Nos.2254, 2255 & 2277/Pun/2017 िनधा"रण वष" / Assessment Years: 2012-13, 2013-14 & 2014-15 Sahyadri Sahakari Sakhar Vs. Ito, Ward- 1(4), Karkhana Ltd., Kolhapur / C/O S.V. Phadnis C.A., Acit, Circle-2, 613, E Ward, Phadnis Kolhapur. Chambers, Shahupuri, 1St Lane, Kolhapur. Pan : Aaaas9803L Appellant Respondent Assessee By : None Revenue By Shri M. Jasnani : Date Of Hearing : 25.03.2022 Date Of Pronouncement : 29.03.2022 आदेश / Order Per Inturi Rama Rao, Am : These Are The Appeals Filed By The Assessee Directed Against The Different Orders Of Ld. Commissioner Of Income Tax (Appeals)-1, Kolhapur [(‘Cit(A)’ For Short] Commonly Dated 09.08.2017 For The Assessment Years 2012-13, 2013-14 & 2014-15 Respectively. 2. Since The Identical Facts & Issues Are Involved In All Above Three 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.2254/Pun/2017 For The Assessment Year 2012-13 Are Stated Herein.

For Appellant: None
Section 234ASection 80PSection 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 activity of marketing agricultural produce by its members; accepting deposits from its m…

Nagothane Byapari Sahakari Patsanstha Maryadit, Raigarh vs. Pr. CIT-1, Thane

ITA 1011/MUM/2021[2016-17]Status: DisposedITAT Mumbai29 Mar 2022AY 2016-17

Bench: Shri Shamim Yahya & Shri Rahul Chaudharyआयकर अपील सं/ I.T.A. No. 1011/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2016-17) Nagothane Vyapari Sahakari बिधम/ Principal Commissioner Of Patsanstha Maryadit, Income Tax Vs. Bazerpeth Nagothane, Thane-1 Raigarh - 402106 Pan : Aaaan4367N (अपीलाथी /Appellant) : (प्रत्यथी) / Respondent) Assessee By: Shri Rajiv Khandelwal (Ar) Revenue By: Shri A.K. Kardam (Cit Dr) सुनवाई की तारीख / Date Of Hearing : 08.02.2022 घोषणा की तारीख /Date Of Pronouncement : 29.03.2022

For Appellant: Shri Rajiv Khandelwal (AR)For Respondent: Shri A.K. Kardam (CIT DR)
Section 143(3)Section 263Section 80PSection 80P(2)(a)Section 80P(2)(d)

…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 Section 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…

M/S. Kotekar Vyavasaya Seva Sahakara Sangha Niyamitha, Mangaluru vs. The Income Tax Officer, Ward - 2(4), Mangaluru

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

ITA 1232/BANG/2019[2015-16]Status: DisposedITAT Bangalore14 Mar 2022AY 2015-16

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2015-16 M/S. Kotekar Vyavasaya Seva Sahakara Sangha Niyamitha, The Income Tax Officer, 5-4(5), Raitha Sadana, Ward – 2(4), Beeri, Kotekar, Mangalore. Mangalore – 575 022. Vs. Pan: Aaaak2844D Appellant Respondent Assessee By : Shri Prashanth .G.S, Ca : Shri Sankar Ganesh K, Jcit Revenue By (Dr) Date Of Hearing : 31-01-2022 Date Of Pronouncement : 14-03-2022 Order Per Beena Pillaipresent Appeal Arises Out Of Order Dated 19.03.2019 Passed By Ld.Cit(A), Mangaluru On Following Grounds Of Appeal: Tax Effect In Sl.No. Grounds Of Appeal Rs. A) The Orders Of The Authorities Below In So Far As These Are Against The Appellant Is Opposed To Law, Weight Of Evidence, Natural Justice, Probabilities, Facts & Circumstances Of The Appellant'S 1. Case. B) The Appellant Denies Itself Liable To Be Assessed On A Total Income Of Rs.82,17,400/- As Against The Returned Income Of Rs.1,99,640/- Under The Facts & Circumstances

For Appellant: Shri Prashanth .G.S, CA
Section 57Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 80P(4)

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH : BANGALORE BEFORE SHRI. CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER Assessment Year : 2015-16 M/s. Kotekar Vyavasaya Seva Sahakara Sangha Niyamitha, The Income Tax Officer, 5-4(5), Raitha Sadana, Ward – 2(4), Beeri, Kotekar, Mangalore. Mangalore – 575 022. Vs. PAN: AAAAK2844D APPELLANT RESPONDENT Assessee by : Shri Prashanth .G.S, CA : Shri Sankar ganesh K, JCIT Revenue by (DR) Date of Hearing : 31-01-2022 Date of Pronouncement : 14-03-2022 ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeal arises out of order dated 19.03.2019 passe…