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 367,154 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

Karavali Crdit Co-Op Society Limited, Udupi vs. Income Tax Officer Ward-2, Udupi

In the result, the appeals are treated as allowed for statistical purpose

ITA 706/BANG/2019[2016-17]Status: DisposedITAT Bangalore21 Aug 2019AY 2016-17

Bench: Shri N.V. Vasudevan & Shri Jason P Boazassessment Year : 2016-17

For Appellant: Shri Mahesh R Uppin, AdvocateFor Respondent: Dr. P.V Pradeep Kumar, Addl. CIT (DR)
Section 154Section 80Section 80P(2)(a)Section 80P(2)(d)

…ary parkiong of own surplus funds not immediately required is eligible for deduction u/s.80P(2)(a)(i) of the Act. The learned DR relied on a subsequent decision of the Hon’ble Karnataka High Court in the case of PCIT Vs. Totgars Co-operative Sale Society Ltd. 395 ITR 611 (Karn.). ITA No.706, 764 & 941/Bang/2019 Page 6 of 9 9. We have carefully gone through the judgment relied by the learned DR. The facts of the case before the Hon’ble Karnataka High Court in the decision cited by the learned DR was that the Hon’ble Court was considering a case relating to Assessment Years 2007-2008 to 2011- 2012. In case decide…

M/S. Savanoor Primary Agriculture Credit Co-Operative Society Limited, Puttur vs. The Income Tax Officer, Ward- 1, Puttur

In the result, the appeal filed by the assessee for Assessment Year 2016-

ITA 1401/BANG/2019[2016-17]Status: DisposedITAT Bangalore14 Aug 2019AY 2016-17

Bench: Shri Jason P Boazassessment Year : 2016-17 M/S. Savanoor Primary Vs. The Income Tax Officer, Agriculture Credit Co-Operative Ward – 1, Society Ltd., Puttur. 01, Savanoor – 574 202. Pan : Aaeat 1118 M Appellant Respondent Assessee By : Shri. G. S. Prashanth, Ca Revenue By : Shri. Ganesh R. G, Standing Counsel Date Of Hearing : 08.08.2019 Date Of Pronouncement : 14.08.2019

For Appellant: Shri. G. S. Prashanth, CAFor Respondent: Shri. Ganesh R. G, Standing Counsel

…dismissed as not pressed. 4. It was submitted by ld. AR of assessee that the ld. CIT(A) has followed the judgment of Hon’ble Karnataka High Court dated 16.06.2017 rendered in the case of PCIT and Another Vs. Totagars Co-operative Sale Society as reported in 395 ITR 611 (Karn). He submitted that the facts of this case are Page 4 of 6 different and therefore, this judgment is not applicable in the present case. He submitted that in the present case, another judgment of Hon’ble Karnataka High Court rendered in the case of Tumkur Merchants Souharda Credit Cooperative Ltd. Vs. ITO as reported in 230 Taxman 309 is a…

M/S. Puttur Mahila Vividhoddesha Sahakari Sangha Niyamitha, Puttur vs. The Income Tax Officer, Ward- 1, Puttur

In the result, the appeal filed by the assessee for Assessment Year 2016-

ITA 1400/BANG/2019[2016-17]Status: DisposedITAT Bangalore14 Aug 2019AY 2016-17

Bench: Shri Jason P Boazassessment Year : 2016-17 M/S. Puttur Mahila Vs. The Income Tax Officer, Vividhoddesha Sahakari Sangha Ward – 1, Niyamitha, Puttur. V-349, Puttur – 574 201. Pan : Aadap 2751 K Appellant Respondent Assessee By : Shri. G. S. Prashanth, Ca Revenue By : Shri. Ganesh R. G, Standing Counsel Date Of Hearing : 08.08.2019 Date Of Pronouncement : 14.08.2019

For Appellant: Shri. G. S. Prashanth, CAFor Respondent: Shri. Ganesh R. G, Standing Counsel

…dismissed as not pressed. 4. It was submitted by ld. AR of assessee that the ld. CIT(A) has followed the judgment of Hon’ble Karnataka High Court dated 16.06.2017 rendered in the case of PCIT and Another Vs. Totagars Co-operative Sale Society as reported in 395 ITR 611 (Karn). He submitted that the facts of this case are different and therefore, this judgment is not applicable in the present case. He submitted that in the present case, another judgment of Hon’ble Karnataka High Court rendered in the case of Tumkur Merchants Souharda Credit Cooperative Ltd. Vs. ITO as reported in 230 Taxman 309 is applicable and…

Shree Vijaylaxmi Urban Credit Souharda Sahakari Limited, Dharwad vs. Assistant Commissioner of Income Tax, Circle - 2(1), Hubballi

In the result, appeals by the assessee are treated as allowed for statistical purposes

ITA 1260/BANG/2019[2014-15]Status: DisposedITAT Bangalore14 Aug 2019AY 2014-15

Bench: Shri Jason P. Boazassessment Year : 2014-15 M/S. Shree Vijaylaxmi Urban Credit Vs. Assistant Commissioner Of Souharda Sahakari Ltd., Income-Tax Malamaddi, Dharwad – 580 007. Circle -2(1), Hubballi. Pan : Aaeas 0544 G Appellant Respondent Assessee By : Shri. Ankur Pai Chungat, Ca Revenue By : Shri. Ganesh R. G., Standing Counsel Date Of Hearing : 08.08.2019 Date Of Pronouncement : 14.08.2019 O R D E R

For Appellant: Shri. Ankur Pai Chungat, CAFor Respondent: Shri. Ganesh R. G., Standing Counsel
Section 143(3)Section 80P(2)Section 80P(2)(a)Section 80P(2)(d)

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC-B” BENCH : BANGALORE BEFORE SHRI JASON P. BOAZ, ACCOUNTANT MEMBER Assessment Year : 2014-15 M/s. Shree Vijaylaxmi Urban Credit Vs. Assistant Commissioner of Souharda Sahakari Ltd., Income-Tax Malamaddi, Dharwad – 580 007. Circle -2(1), Hubballi. PAN : AAEAS 0544 G APPELLANT RESPONDENT Assessee by : Shri. Ankur Pai Chungat, CA Revenue by : Shri. Ganesh R. G., Standing Counsel Date of hearing : 08.08.2019 Date of Pronouncement : 14.08.2019 O R D E R This appeal by the assessee is directed against the order of CIT(A), Hubballi, dated 27.03.2019 for Assessment Year 2014-15.…

M/S. Moorthedara Seva Sahakari Sangha Niyamitha, Uppinangady vs. The Income Tax Officer, Ward- 1, Puttur

In the result, both the appeals filed by the assessee for Assessment Years

ITA 1386/BANG/2019[2016-17]Status: DisposedITAT Bangalore07 Aug 2019AY 2016-17

Bench: Shri Jason P Boaz

For Appellant: Shri. G. S. Prashanth, CAFor Respondent: Shri. Ganesh R. G, Standing Counsel

…Page 4 of 6 4. It was submitted by ld. AR of assessee that in both years, the ld. CIT(A) has followed the judgment of Hon’ble Karnataka High Court dated 16.06.2017 rendered in the case of PCIT and Another Vs. Totagars Co-operative Sale Society as reported in 395 ITR 611 (Karn). He submitted that the facts of this case are different and therefore, this judgment is not applicable in the present case. He submitted that in the present case, another judgment of Hon’ble Karnataka High Court rendered in the case of Tumkur Merchants Souharda Credit Cooperative Ltd. Vs. ITO as reported in 230 Taxman 309 is applicable and…

M/S. Moorthedara Seva Sahakari Sangha Niyamitha, Uppinangady vs. The Income Tax Officer, Ward - 1, Puttur

In the result, both the appeals filed by the assessee for Assessment Years

ITA 1385/BANG/2019[2015-16]Status: DisposedITAT Bangalore07 Aug 2019AY 2015-16

Bench: Shri Jason P Boaz

For Appellant: Shri. G. S. Prashanth, CAFor Respondent: Shri. Ganesh R. G, Standing Counsel

…Page 4 of 6 4. It was submitted by ld. AR of assessee that in both years, the ld. CIT(A) has followed the judgment of Hon’ble Karnataka High Court dated 16.06.2017 rendered in the case of PCIT and Another Vs. Totagars Co-operative Sale Society as reported in 395 ITR 611 (Karn). He submitted that the facts of this case are different and therefore, this judgment is not applicable in the present case. He submitted that in the present case, another judgment of Hon’ble Karnataka High Court rendered in the case of Tumkur Merchants Souharda Credit Cooperative Ltd. Vs. ITO as reported in 230 Taxman 309 is applicable and…

M/S. Polali Service Co-Operative Society Limited, Bantwal vs. Income Tax Officer, Ward - 2(3), Mangaluru

In the result, the assessee’s appeal for Assessment Year 2016-17 is allowed for statistical purposes

ITA 1225/BANG/2019[2016-17]Status: DisposedITAT Bangalore07 Aug 2019AY 2016-17

Bench: Shri Jason P Boazassessment Year : 2016-17 M/S. Polali Service Co-Operative Vs. The Income Tax Officer, Society Ltd., Ward – 2[3], D.No.3/126, Post Polai, Mangalore. Bantwal – 574 284. Pan : Aadap 3126 C Appellant Respondent Assessee By : Shri. V. Srinivasan, Advocate Revenue By : Shri. Ganesh R. G, Standing Counsel Date Of Hearing : 05.08.2019 Date Of Pronouncement : 07.08.2019

For Appellant: Shri. V. Srinivasan, AdvocateFor Respondent: Shri. Ganesh R. G, Standing Counsel
Section 143(3)Section 80PSection 80P(2)(a)

…Hon’ble Karnataka High Court in the case of Tumukur Merchants Souharda Credit Co-operative Ltd., 230 taxman 309 (Karn), the DR relied on a subsequent decision of the Hon’ble Karnataka High Court in the case of PCIT Vs. Totgars Co-operative Sale Society Ltd., 395 ITR 611 (Karn.). I have carefully gone through the said Page 5 of 6 judgment. The facts of the case before the Hon’ble Karnataka High Court was that the Hon’ble Court was considering a case relating to Assessment Years 2007-08 to 2011-12. In case decided by the Hon’ble Supreme Court in the case of the very same assessee, the Assessment Years involved wa…

Jiwan Satya Co-Op Housing Society Limited, Mumbai vs. Income Tax Officer 23(2)(1), Mumbai

In the result, appeals of the assessee are allowed

ITA 4249/MUM/2018[2014-15]Status: DisposedITAT Mumbai26 Jul 2019AY 2014-15

Bench: Shri C.N. Prasad, Hon'Ble

For Appellant: Shri K. Shivaram &For Respondent: Shri Chaitanya Anjaria
Section 143(3)Section 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…

Jiwan Satya Co-Op Housing Society Limited, Mumbai vs. Income Tax Officer 23(2)(1), Mumbai

In the result, appeals of the assessee are allowed

ITA 4248/MUM/2018[2013-14]Status: DisposedITAT Mumbai26 Jul 2019AY 2013-14

Bench: Shri C.N. Prasad, Hon'Ble

For Appellant: Shri K. Shivaram &For Respondent: Shri Chaitanya Anjaria
Section 143(3)Section 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…

Amit Tata Employees Co-Operative Hsg. Soc.Ltd, Mumbai vs. Assistant Commissioner of Income Tax 21(1), Mumbai

In the result, appeal of the assessee is allowed

ITA 292/MUM/2018[2014-15]Status: DisposedITAT Mumbai26 Jul 2019AY 2014-15

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Bleamit Tata Employees Co-Operative V. Assistant Commissioner Of Housing Society Limited Income Tax – 21(1) 1 Amit Tata Employees Chs Ltd., Piramal Chambers Murari Ghag Marg, Prabhadevi Lalbaug, Mumbai – 400 012 Mumbai – 400 028 Pan: Aaaja 0103 A (Assessee) (Respondent) Assessee By : Shri Vishwas V Mehendale

For Appellant: Shri Vishwas V MehendaleFor Respondent: Shri Satish Chandra Rajore
Section 143(3)Section 2(19)Section 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…

Sri Udayaravi Souhardha Credit Co-Operative Limited, Tiptur vs. The Income Tax Officer Ward-1, Tiptur

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

ITA 313/BANG/2019[2013-14]Status: DisposedITAT Bangalore26 Jul 2019AY 2013-14

Bench: Shri B.R.Baskaran & Smt.Beena Pillai, Judical Member Ita No.313(Bang)/2019 (Assessment Year : 2013-14) M/S Udayaravi Souharda Credit Co-Operative Ltd., Udayaravi Bhavana, 1St Main Road, 7Th Cross, K.R.Extension, Tiptur-572 201. Panno.Aawfs0981J Appellant Vs The Income Tax Officer, Ward-1, Tiptur Respondent Appellant By : Smt Soumya, K. Advocate Revenue By : Shri R.N.Siddappaji, Addl.Cit

For Appellant: Smt Soumya, K. AdvocateFor Respondent: Shri R.N.Siddappaji, Addl.CIT
Section 80PSection 80P(2)Section 80P(2)(a)

…nd it is confirmed by CIT(A). He submitted that the main basis of the decision of the authorities below is by following the judgment of Hon'ble Karnataka High Court rendered in the case of PCIT and Another Vs. Totagars Co-operative Sale Society as reported in 395 ITR 611 (Karn). He also submitted that other judgment on which reliance has been placed by the authorities below is the judgment of Hon’ble Apex Court rendered in the case of The Citizen Co-operative Society Ltd. Vs. ACIT as reported in 397 ITR 1. He submitted that none of the authorities below has examined and compared the facts of the present case with…

Gayathri Credit Co-Operative Society Limited, Bangalore vs. Income Tax Officer Ward-2(2)(3), Bangalore

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

ITA 287/BANG/2019[2014-15]Status: DisposedITAT Bangalore26 Jul 2019AY 2014-15

Bench: Shri B.R.Baskaran & Smt.Beena Pillai, Judical Member Ita No.287(Bang)/2019 (Assessment Year : 2014-15) M/S Gayathri Credit Co-Op. Society Ltd., No.40 & 51, 5Th Cross, Malleshwaram, Bangalore-560 003. Panno.Aaaag7473J Appellant Vs The Income Tax Officer, Ward-2(2)(3), Bangalore Respondent Appellant By : Shri Shree Harikutsa, Ca Revenue By : Shri R.N.Siddappaji, Addl.Cit

For Appellant: Shri Shree Harikutsa, CAFor Respondent: Shri R.N.Siddappaji, Addl.CIT
Section 250Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(2)(c)

…nd it is confirmed by CIT(A). He submitted that the main basis of the decision of the authorities below is by following the judgment of Hon'ble Karnataka High Court rendered in the case of PCIT and Another Vs. Totagars Co-operative Sale Society as reported in 395 ITR 611 (Karn). He also submitted that other judgment on which reliance has been placed by the authorities below is the judgment of Hon’ble Apex Court rendered in the case of The Citizen Co-operative Society Ltd. Vs. ACIT as reported in 397 ITR 1. He submitted that none of the authorities below has examined and compared the facts of the present case with…

M/S the Jayanagar Co-Operative Housing Society Limited, Bangalore vs. The Income Tax Officer Ward-7(2)(1), Bangalore

In the result, the assessee’s appeal for Assessment Year 2014-15 is allowed for statistical purposes

ITA 3254/BANG/2018[2014-15]Status: DisposedITAT Bangalore23 Jul 2019AY 2014-15

Bench: Shri Jason P Boaz & Shri Pavan Kumar Gadaleassessment Year : 2014-15 M/S. The Jayanagar Co-Operative Vs. The Income Tax Officer, Society Ltd., Ward – 7[2][1], No.902, 8Th Main Road, Ii Block, Bangalore. Jayanagar, Bangalore - 560 011. Pan : Aaaat 8625 K Appellant Respondent Assessee By : Smt. Pratibha R., Advocate Revenue By : Dr. P. V. Pradeep Kumar, Addl. Cit Date Of Hearing : 19.06.2019 Date Of Pronouncement : 23.07.2019

For Appellant: Smt. Pratibha R., AdvocateFor Respondent: Dr. P. V. Pradeep Kumar, Addl. CIT
Section 143(3)Section 234Section 57Section 80P(2)Section 80P(2)(a)Section 80P(2)(d)

…Hon’ble Karnataka High Court in the case of Tumukur Merchants Souharda Credit Co-operative Ltd., 230 taxman 309 (Karn), the DR relied on a subsequent decision of the Hon’ble Karnataka High Court in the case of PCIT Vs. Totgars Co-operative Sale Society Ltd., 395 ITR 611 (Karn.). We have carefully gone through the said judgment. The facts of the case before the Hon’ble Karnataka High Court was that the Hon’ble Court was considering a case relating to Assessment Years 2007-08 to 2011-12. In case decided by the Hon’ble Supreme Court in the case of the very same assessee, the Assessment Years involved was Assessment…

M/S. Gayatri Pattina Souharda Sahakari Niyamitha, Bellary vs. Income Tax Officer, Ward- 1, Bellary

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

ITA 1145/BANG/2019[2011-12]Status: DisposedITAT Bangalore19 Jul 2019AY 2011-12

Bench: Shri J. Sudhakar Reddy & Smt. Beena Pillaim/S.Gayatri Pattina Souharda Sahakari Niyamitha, Hospet, Bellary Dist. … Appellant Pan:Aaaag2993B Vs. Income-Tax Officer, Ward-1, Hospet. … Respondent

For Appellant: Shri Balaram R Rao, AdvocateFor Respondent: Shri R.N.Siddappaji, Addl.CIT(DR)
Section 80P(2)Section 80P(2)(a)Section 80P(2)(d)

…rary parking of own surplus funds not immediately required is eligible for deduction u/s.80P(2)(a)(i) of the Act. The learned DR relied on a subsequent decision of the Hon’ble Karnataka High Court in the case of PCIT Vs. Totgars Co-operative Sale Society Ltd. 395 ITR 611 (Karn). 6. We have carefully gone through the judgment relied by the learned DR. The facts of the case before the Hon’ble Karnataka High Court in the decision cited by the learned DR was that the Hon’ble Court was considering a case relating to Assessment Years 2007-08 to 2011-12. In case decided by the Hon’ble Supreme Court in the case of the ve…

Shubham Nagri Sahakari Patsanstha Maryadit, Mumbai vs. Pr.CIT-29, Mumbai

In the result, appeal filed by the assessee for AY 2013-14 is dismissed and appeal for the AY 2014-15 is allowed

ITA 1038/MUM/2019[2014-15]Status: DisposedITAT Mumbai18 Jul 2019AY 2014-15

Bench: Shri Rajesh Kumar (Am) & Shri Ram Lal Negi (Jm) Assessment Year: 2013-2014 Shubham Nagri Sahakari The Income Tax Officer- Patsanstha Maryadit, 29(3)(4), 997, 2/2, Aadarsh Housing Room No. 308, 3Rd Floor, Society, Parksite, Vikhroli (West), Vs. Pratyaksha Kar Bhavan, Mumbai Bkc, Mumbai - 400051 Pan:Aagts9805F Mumbai (Appellant) (Respondent) & Assessment Year: 2014-2015 Shubham Nagri Sahakari The Pr. Commissioner Of Patsanstha Maryadit, Income Tax-29, 997, 2/2, Aadarsh Housing C-10, 3Rd Floor, Pratyaksha Kar Society, Parksite, Vikhroli (West), Vs. Bhavan, Bkc, Mumbai Mumbai Pan:Aagts9805F (Appellant) (Respondent) Assessee By : Shri Ravindra Naik (Ar) Revenue By : Shri Rahul Raman (Cit Dr) Date Of Hearing: 01/05/2019 Date Of Pronouncement: 18/07/2019

For Appellant: Shri Ravindra Naik (AR)For Respondent: Shri Rahul Raman (CIT DR)
Section 143Section 263Section 80PSection 80P(2)(a)Section 80P(2)(d)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “G”, MUMBAI BEFORE SHRI RAJESH KUMAR (AM) AND SHRI RAM LAL NEGI (JM) Assessment Year: 2013-2014 Shubham Nagri Sahakari The Income Tax Officer- Patsanstha Maryadit, 29(3)(4), 997, 2/2, Aadarsh Housing Room No. 308, 3rd Floor, Society, Parksite, Vikhroli (West), Vs. Pratyaksha Kar Bhavan, Mumbai BKC, Mumbai - 400051 PAN:AAGTS9805F Mumbai (Appellant) (Respondent) & Assessment Year: 2014-2015 Shubham Nagri Sahakari The Pr. Commissioner of Patsanstha Maryadit, Income Tax-29, 997, 2/2, Aadarsh Housing C-10, 3rd Floor, Pratyaksha Kar Society, Parksite, Vikhroli (West),…

Shubham Nagri Sahakari Patsanstha Maryadit, Mumbai vs. Pr.CIT-29, Mumbai

In the result, appeal filed by the assessee for AY 2013-14 is dismissed and appeal for the AY 2014-15 is allowed

ITA 7431/MUM/2018[2013-14]Status: DisposedITAT Mumbai18 Jul 2019AY 2013-14

Bench: Shri Rajesh Kumar (Am) & Shri Ram Lal Negi (Jm) Assessment Year: 2013-2014 Shubham Nagri Sahakari The Income Tax Officer- Patsanstha Maryadit, 29(3)(4), 997, 2/2, Aadarsh Housing Room No. 308, 3Rd Floor, Society, Parksite, Vikhroli (West), Vs. Pratyaksha Kar Bhavan, Mumbai Bkc, Mumbai - 400051 Pan:Aagts9805F Mumbai (Appellant) (Respondent) & Assessment Year: 2014-2015 Shubham Nagri Sahakari The Pr. Commissioner Of Patsanstha Maryadit, Income Tax-29, 997, 2/2, Aadarsh Housing C-10, 3Rd Floor, Pratyaksha Kar Society, Parksite, Vikhroli (West), Vs. Bhavan, Bkc, Mumbai Mumbai Pan:Aagts9805F (Appellant) (Respondent) Assessee By : Shri Ravindra Naik (Ar) Revenue By : Shri Rahul Raman (Cit Dr) Date Of Hearing: 01/05/2019 Date Of Pronouncement: 18/07/2019

For Appellant: Shri Ravindra Naik (AR)For Respondent: Shri Rahul Raman (CIT DR)
Section 143Section 263Section 80PSection 80P(2)(a)Section 80P(2)(d)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “G”, MUMBAI BEFORE SHRI RAJESH KUMAR (AM) AND SHRI RAM LAL NEGI (JM) Assessment Year: 2013-2014 Shubham Nagri Sahakari The Income Tax Officer- Patsanstha Maryadit, 29(3)(4), 997, 2/2, Aadarsh Housing Room No. 308, 3rd Floor, Society, Parksite, Vikhroli (West), Vs. Pratyaksha Kar Bhavan, Mumbai BKC, Mumbai - 400051 PAN:AAGTS9805F Mumbai (Appellant) (Respondent) & Assessment Year: 2014-2015 Shubham Nagri Sahakari The Pr. Commissioner of Patsanstha Maryadit, Income Tax-29, 997, 2/2, Aadarsh Housing C-10, 3rd Floor, Pratyaksha Kar Society, Parksite, Vikhroli (West),…

M/S. Bharathi Credit Co-Operative Society Limited, Bangalore vs. Income Tax Officer, Ward- 7(2)(1), Bangalore

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

ITA 1023/BANG/2019[2014-15]Status: DisposedITAT Bangalore15 Jul 2019AY 2014-15

Bench: Shri J. Sudhakar Reddy, Am & Smt.Beena Pillai, Jm Ita No1023(Bang)/2019 (Assessment Year : 2014-15) M/S Bharathi Credit Co-Op. Society Ltd., 1718, 9Th Main Road, 3Rd Block, Jayanagar, Bangalore-560 011. Panno.Aaalt0604R Appellant Vs The Income Tax Officer, Ward-7(2)(1), Bangalore Respondent Appellant By : Shri B.S.Balachandran, Advocate Revenue By : Shri R.N.Siddappaji, Addl.Cit

For Appellant: Shri B.S.Balachandran, AdvocateFor Respondent: Shri R.N.Siddappaji, Addl.CIT
Section 80PSection 80P(2)Section 80P(4)

…isallowed by the AO and it is confirmed by CIT(A). He submitted that basis of decision of authorities below is by following decision of Hon'ble Karnataka High Court rendered in the case of PCIT and Another Vs. Totagars Co-operative Sale Society as reported in 395 ITR 611 (Karn). He also submitted that an other decision on which reliance has been placed by authorities below, is the judgment of Hon’ble Apex Court rendered in the case of The Citizen Co-operative Society Ltd. Vs. ACIT as reported in 397 ITR 1. 4. He submitted that none of the authorities below has examined and compared the facts of the present case w…

The Agricultural Service and Development Co-Operative Society Limited, Sirsi vs. Assistant Commissioner of Income Tax, Circle - 1(1), Hubballi

In the result, the assessee’s appeal for Assessment Year 2015-16 is allowed for statistical purposes

ITA 1030/BANG/2019[2015-16]Status: DisposedITAT Bangalore12 Jul 2019AY 2015-16

Bench: Shri Jason P Boazassessment Year : 2015-16 M/S. The Agricultural Service Vs. Assistant Commissioner Of & Development Co-Operative Income Tax, Society Ltd., Circle – 1[1], 01, Society Building, Hubballi. Yellapur Road, Sirsi – 581 402. Pan : Aadat 9140 L Appellant Respondent Assessee By : Shri. Prakash Hegde, Ca Revenue By : Shri. Karuppusamy S.R., Addl. Cit Date Of Hearing : 10.06.2019 Date Of Pronouncement : 12.07.2019

For Appellant: Shri. Prakash Hegde, CAFor Respondent: Shri. Karuppusamy S.R., Addl. CIT
Section 57Section 801Section 80P(2)Section 80P(2)(a)Section 80P(2)(d)

…Hon’ble Karnataka High Court in the case of Tumukur Merchants Souharda Credit Co-operative Ltd., 230 taxman 309 (Karn), the DR relied on a subsequent decision of the Hon’ble Karnataka High Court in the case of PCIT Vs. Totgars Co-operative Sale Society Ltd., 395 ITR 611 (Karn.). We have carefully gone through the said judgment. The facts of the case before the Hon’ble Karnataka High Court was that the Hon’ble Court was considering a case relating to Assessment Years 2007-08 to 2011-12. In case decided by the Hon’ble Supreme Court in the case of the very same assessee, the Assessment Years involved was Assessment…

Hemmadi Fishermen'S Primary Co-Op. Society Ltd., Udupi vs. Income Tax Officer Ward-2, Udupi

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

ITA 774/BANG/2019[2016-17]Status: DisposedITAT Bangalore28 Jun 2019AY 2016-17

Bench: Shri A.K.Garodia & Smt.Beena Pillai, Judical Member Ita No.774(Bang)/2019 (Assessment Year : 2016-17) M/S Hemmadi Fishermen’S Primary Co-Op. Society Ltd. Hemmadi, Kundpura, Udupi District-576 249 Panno.Aaaah7295K Appellant Vs The Income Tax Officer, Ward-2, Adi Udupi Mlpe Road, Udupi-576 103 Respondent Appellant By : Shri Mahesh R Uppin, Advocate Revenue By : Smt H.L.Soumya Achar, Addl.Cit

For Appellant: Shri Mahesh R Uppin, AdvocateFor Respondent: Smt H.L.Soumya Achar, Addl.CIT
Section 28Section 56Section 80Section 80P

…nd it is confirmed by CIT(A). He submitted that the main basis of the decision of the authorities below is by following the judgment of Hon'ble Karnataka High Court rendered in the case of PCIT and Another Vs. Totagars Co-operative Sale Society as reported in 395 ITR 611 (Karn). He also submitted that other judgment on which reliance has been placed by the authorities below is the judgment of Hon’ble Apex Court rendered in the case of The Citizen Co-operative Society Ltd. Vs. ACIT as reported in 397 ITR 1. He submitted that none of the authorities below has examined and compared the facts of the present case with…

M/S Lrde Employees Housing Co-Operative Society Limited, Bangalore vs. The Income Tax Officer Ward-4(2)(2), Bangalore

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

ITA 3326/BANG/2018[2013-14]Status: DisposedITAT Bangalore28 Jun 2019AY 2013-14

Bench: Shri A.K.Garodia & Smt.Beena Pillai, Judical Member Ita No.3326(Bang)/2018 (Assessment Year : 2013-14) M/S Lrde Employees Housing Co-Operative Society Ltd.. C/O Lrde C.V.Raman Nagar, Bangalor-560 093 Panno.Aaaa8274E Appellant Vs The Income Tax Officer, Ward-4(2)(2), Bangalore Appellant By : Smt. Sheetal Borkar, Advocate Revenue By : Smt H.L.Soumya Achar, Addl.Cit

For Appellant: Smt. Sheetal Borkar, AdvocateFor Respondent: Smt H.L.Soumya Achar, Addl.CIT
Section 234Section 80PSection 80P(2)Section 80P(2)(d)

…nd it is confirmed by CIT(A). He submitted that the main basis of the decision of the authorities below is by following the judgment of Hon'ble Karnataka High Court rendered in the case of PCIT and Another Vs. Totagars Co-operative Sale Society as reported in 395 ITR 611 (Karn). He also submitted that other judgment on which reliance has been Page 3 of 5 placed by the authorities below is the judgment of Hon’ble Apex Court rendered in the case of The Citizen Co-operative Society Ltd. Vs. ACIT as reported in 397 ITR 1. He submitted that none of the authorities below has examined and compared the facts of the prese…