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 366,470 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

M/S Kavoor Vyavasaya Seva Sahakari Bank Niyamitha, Mangaluru vs. The Income Tax Officer Ward-1(2), Mangalore

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

ITA 739/BANG/2018[2013-14]Status: DisposedITAT Bangalore11 May 2018AY 2013-14

Bench: Shri Arun Kumar Garodiaassessment Year :2013-14

For Appellant: Shri Suresh Muthukrishnan, CAFor Respondent: Smt. Padma Meenakshi, JCIT (DR)

Section 234Section 80P

…fees as part of the costs.” 3. 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…

M/S Karkala Taluk Agricultural Produce Co-Operative Marketing Society Ltd, Karkala vs. The Income Tax Officer Ward-3, Udupi

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

ITA 572/BANG/2018[2013-14]Status: DisposedITAT Bangalore11 May 2018AY 2013-14

Bench: Shri Arun Kumar Garodiaassessment Year :2013-14

For Appellant: Shri Ravishankar, AdvocateFor Respondent: Shri Abi Rama Karthikeyan, IRS (DR)

Section 234Section 80P

…regarding allowability of deduction to assessee u/s. 80P[2][a][i] of IT Act. He submitted that ld. CIT(A) has followed the judgement 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) but in the facts of the present case, this judgement is not applicable and another judgement 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. 4. At this juncture, the bench pointed out that in both these judgements of Hon'ble Karn…

Sir. M. Vishweshwaraiah Co-Op. Society Ltd, Shimoga vs. Income-Tax Officer, Ward-1, Shimoga

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

ITA 2619/BANG/2017[2012-13]Status: DisposedITAT Bangalore11 May 2018AY 2012-13

Bench: Shri Arun Kumar Garodiaassessment Year :2012-13

For Appellant: Shri Suresh Muthukrishnan, CAFor Respondent: Smt. Padma Meenakshi, JCIT (DR)

Section 234BSection 80P

…ees as part of the costs.” 3. 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…

M/S Sri Ramasea Bahusara Kshatriya Co-Operative Society Ltd, Shimoga vs. Income Tax Officer Ward-1, Shimoga

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 2190/BANG/2017[2011-12]Status: DisposedITAT Bangalore11 May 2018AY 2011-12

Bench: Shri Arun Kumar Garodia

For Appellant: Shri S. Krishnaswamy, CAFor Respondent: Smt. Padma Meenakshi, JCIT (DR)

Section 80P(2)

…to co-operative income was equally exempt under the main provisions of Sec. 80P(2). iv. The learned CIT(A) erred in not appreciating the ratio decidendiof the Karnataka High Court decision Pr.Commissioner of Income Tax V Totagara's Co-operative Society (2017) 395 ITR 611 (Kar) which laid down; "It is the character and nature of income which determines its taxability or exemption from taxability" In the instant case the deposits represented surplus of cooperative activity income and not any non-co-operative business income as was the case in Totagar's which had multiple business activities.” In A. Y. 2011 – 12, th…

M/S Sri Ramaseva Bahusara Kshatriya Co-Operative Society Ltd, Shimoga vs. Income Tax Officer Ward-1, Shimoga

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 2189/BANG/2017[2012-13]Status: DisposedITAT Bangalore11 May 2018AY 2012-13

Bench: Shri Arun Kumar Garodia

For Appellant: Shri S. Krishnaswamy, CAFor Respondent: Smt. Padma Meenakshi, JCIT (DR)

Section 80P(2)

Janapragathi Credit Co-Operative Society Ltd, Bangalore vs. Income Tax Officer Ward-7(2)(3), Bangalore

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

ITA 2161/BANG/2017[2013-14]Status: DisposedITAT Bangalore11 May 2018AY 2013-14

Bench: Shri Arun Kumar Garodiaassessment Year :2013-14

For Appellant: Shri B.S. Balachandran, AdvocateFor Respondent: Shri Abi Rama Karthikeyan, IRS (DR)

Section 80P(2)

…t rendered in the case of The Citizen Co-operative Society Ltd. Vs. ACIT as reported in 397 ITR 1. He has also referred to judgement 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 submitted that the judgement of Hon’ble Apex Court rendered in the case of The Citizen Co-operative Society Ltd. vs. ACIT (supra) is not applicable in the facts of the present case. He further submitted that the judgement rendered in the case of PCIT and Another vs. Totagars Co-operative Sale Society (supra) is also not applicable in t…

M/S Sri Nagendra Credit Co-Op Society Ltd, Bangalore vs. Income Tax Officer Ward-5(2)(5), Bangalore

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 1155/BANG/2018[2014-15]Status: DisposedITAT Bangalore04 May 2018AY 2014-15

Bench: Shri Arun Kumar Garodia

For Appellant: Shri Ravishankar, AdvocateFor Respondent: Shri Abi Rama Karthikeyan, IRS (DR)

Section 234BSection 80Section 80P

…le Apex Court in the case of Totgar’s Co-op Sale Society Ltd. (supra), it was submitted that on this issue, there are two judgments 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) and Tumkur Merchants Souharda Credit Cooperative Ltd. Vs. ITO as reported in 230 Taxman 309. He submitted that the judgment of Hon’ble apex court rendered in the case of Totgar’s Co-op Sale Society Ltd (Supra) and the judgment of Hon'ble Karnataka High Court rendered in the case of PCIT and Another Vs. Totagars Co-operative Sale Society as…

M/S Sri Nagendra Credit Co-Op Society Ltd, Bangalore vs. Income Tax Officer Ward-5(2)(5), Bangalore

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 1154/BANG/2018[2013-14]Status: DisposedITAT Bangalore04 May 2018AY 2013-14

Bench: Shri Arun Kumar Garodia

For Appellant: Shri Ravishankar, AdvocateFor Respondent: Shri Abi Rama Karthikeyan, IRS (DR)

Section 234BSection 80Section 80P

M/S Karkala Taluk Agricultural Produce Co-Operative Marketing Society Ltd, Karkala vs. The Income Tax Officer Ward-3, Udupi

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

ITA 1049/BANG/2018[2014-15]Status: DisposedITAT Bangalore04 May 2018AY 2014-15

For Appellant: Shri G.S. Prashanth, CAFor Respondent: Shri Abdul Hakeem .M, JCIT (DR)

Section 234Section 80P

…part of the costs.” 3. It was submitted by ld. AR of assessee that in the impugned order, the ld. CIT(A) has followed the judgement 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) but in the facts of the present case, this judgement is not applicable and another judgement 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. He submitted that in the interest of justice, the matter may be restored back to the file…

M/S. the Kangod Group Multi Purpose Co-Operative Society, Sirsi vs. Income Tax Officer, Ward-1, Sirsi

In the result, the appeal of the assessee in A

ITA 2794/BANG/2017[2010-11]Status: DisposedITAT Bangalore04 May 2018AY 2010-11

Bench: Shri Arun Kumar Garodia

For Appellant: Shri Ravishankar, AdvocateFor Respondent: Shri Abirama Karthikeyan, IRS (DR)

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

…le Karnataka High Court rendered in the case of Tumkur Merrchants Souharda Credit Co operative Ltd. vs. ITO as reported in 230 taxman 309 and in the case of PCIT vs. Totgars Co ITA Nos. 2793 & 2794/Bang/2017 Page 5 of 7 operative sale society as reported in 395 ITR 611. The ld. DR of revenue supported the order of CIT (A). 6. I have considered the rival submissions. Regarding the first issue i.e. disallowance of assessee’s claim u/s 80P of Rs. 24,98,732/-, I find that in this regard, the AO says on page 2 of the assessment order that the assessee has not made any submission in respect of claim of deduction of…

M/S the Kangod Group Multi Purpose Co-Op Society, Sirsi vs. Income Tax Officer Ward-1, Sirsi

In the result, the appeal of the assessee in A

ITA 2793/BANG/2017[2012-13]Status: DisposedITAT Bangalore04 May 2018AY 2012-13

Bench: Shri Arun Kumar Garodia

For Appellant: Shri Ravishankar, AdvocateFor Respondent: Shri Abirama Karthikeyan, IRS (DR)

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

Kaliandas Udyog Bhavan Premises Co-Operative Society Limited, Mumbai vs. Income Tax Officer 21(2)(1), Mumbai

In the result, appeal filed by the assessee is allowed

ITA 6547/MUM/2017[2014-15]Status: DisposedITAT Mumbai25 Apr 2018AY 2014-15

Bench: Shri G.S. Pannu, Am & Shri Ravish Sood, Jm Kaliandas Udyog Bhavan Premises Ito-21(2)(1), R.No. 107, Co-Op Society Ltd., Vs. Piramal Chambers, Parel, Near Century Bazar, Prabhadevi, Mumbai – 400 012. Mumbai – 400 025 Pan No. Aaaak 4678 B (Appellant) (Respondent) Assessee By : Shri Deepak P. Rikekar & Shri Ajit Gupte, Cas. Department By : Ms. N. Hemalatha – Sr. Dr Date Of Hearing : 31/01/2018. Date Of Pronouncement : 25/04/2018. O R D E R

For Appellant: Shri Deepak P. Rikekar &For Respondent: Ms. N. Hemalatha – Sr. DR

Section 143(2)Section 143(3)Section 80PSection 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…

Varadavinayaka Credit Sahakara Sangha Niyamitha, Ballari vs. Income-Tax Officer, Waed-2, Ballari

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

ITA 795/BANG/2018[2014-15]Status: DisposedITAT Bangalore20 Apr 2018AY 2014-15

Bench: Shri Arun Kumar Garodiaassessment Year :2014-15

For Appellant: Shri Madhukar G. Hegde, CAFor Respondent: Dr. S. Palani, Addl. CIT (DR)

Section 28Section 80P(2)(a)Section 80P(2)(d)

…nts Souharda Credit Cooperative Ltd. Vs. ITO as reported in 230 Taxman 309 which is applicable in the present case and the judgement 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) is not applicable in the facts of the present case. At this juncture, the bench wanted to know about the finding of the authorities below in respect of relevant facts of assessee as to whether the investment in bank for earning interest income was made by the assessee out of the assessee’s own funds or out of its liability. In reply it was…

M/S Vijaya Bank Employees Co-Operative Credit Society Ltd, Bangalore vs. Income Tax Officer Ward-7(2)(2), Bangalore

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

ITA 2035/BANG/2017[2014-15]Status: DisposedITAT Bangalore06 Apr 2018AY 2014-15

Bench: Shri Arun Kumar Garodiaassessment Year :2014-15

For Appellant: Shri Ashok A. Kulkarni, AdvocateFor Respondent: Shri L.V. Bhaskar Reddy, Addl. CIT (DR)

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

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC-C” BENCH : BANGALORE BEFORE SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER Assessment Year :2014-15 M/s. Vijaya Bank Employees Co-operative Credit Society Ltd., The Income Tax Officer, Room No. 1, No. 67, 2nd Floor, Vs. Ward – 7 (2) (2), K.H. Road, Shantinagar, Bangalore. Bangalore – 560 027. PAN: AAAAV4696A APPELLANT RESPONDENT Appellant by : Shri Ashok A. Kulkarni, Advocate Respondent by : Shri L.V. Bhaskar Reddy, Addl. CIT (DR) Date of hearing : 22.03.2018 Date of Pronouncement : 06.04.2018 O R D E R Per Shri A.K. Garodia, Accountant Member This appeal is filed by the…

Bijapur District Police Co-Operative Credit Society Ltd, Vijayapur vs. Income Tax Officer, Ward-1, Vijayapur

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

ITA 2865/BANG/2017[2013-14]Status: DisposedITAT Bangalore23 Mar 2018AY 2013-14

Bench: Shri Arun Kumar Garodiaassessment Year :2013-14

For Appellant: Shri Sandeep .C, CAFor Respondent: Shri L.V. Bhaskar Reddy, Addl. CIT (DR)

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

…me of hearing this appeal.” 3. 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…

M/S. Kanyakaparameshwari Credit Co-Operative Society Limited, Chitradurga vs. Income Tax Officer, Ward-2, Chitradurga

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

ITA 2900/BANG/2017[2012-13]Status: DisposedITAT Bangalore22 Mar 2018AY 2012-13

Bench: Shri Arun Kumar Garodiaassessment Year :2012-13

For Appellant: Shri S.V. Ravishankar, AdvocateFor Respondent: Shri L.V. Bhaskar Reddy, Addl. CIT (DR)

Section 234Section 56Section 80Section 80P

…society has earned interest on deposits with banks for its surplus funds. He submitted that the ld. CIT(A) has followed 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) but in the facts of the present case, the 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 therefore, the addition made by the AO and confirmed by CIT(A) should be deleted. As against this the ld. DR of revenue supporte…

M/S. Banashankari Credit Co-Operative Society Limited, Bengaluru vs. Income Tax Officer, Ward-7(2)(4), Bengaluru

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

ITA 2874/BANG/2017[2014-15]Status: DisposedITAT Bangalore12 Mar 2018AY 2014-15

Bench: Shri Arun Kumar Garodiaassessment Year :2014-15

For Appellant: Smt. Pratibha .R, AdvocateFor Respondent: Smt. Padma Meenakshi, JCIT (DR)

Section 80P

…e. As against this, the ld. DR of revenue supported the orders of authorities below. He also submitted that as per a recent 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), Hon'ble Karnataka High Court has decided the issue in favour of the revenue and against the assessee and therefore, this later judgment should be followed because this judgment is a later judgment dated 16.06.2017. Page 3 of 5 4. I have considered the rival submissions. I find that the judgment of Hon'ble Karnataka High Court rendered in…

M/S North Canara District Co-Op Fish Marketing Federation Ltd, Karwar vs. Income Tax Officer Ward-1, Karwar

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 416/BANG/2018[2013-14]Status: DisposedITAT Bangalore01 Mar 2018AY 2013-14

Bench: Shri Arun Kumar Garodia

For Appellant: Shri Bharath H.P., CAFor Respondent: Shri Balakrishnan .N, Addl. CIT (DR)

Section 80HSection 80P

…perative Ltd. Vs. ITO as reported in 230 Taxman 309. At this juncture, it was pointed out by the bench that there is later 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). In both these judgments, the conclusion is different because the facts were different. The bench wanted to know whether there is any finding of the authorities below regarding the facts of the present case of assessee as to whether the facts of the present case are similar to the facts in the case of Tumkur Merchants Souharda Credit Coope…

M/S North Canara District Co-Op Fish Marketing Federation Ltd, Karwar vs. Income Tax Officer Ward-1, Karwar

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 415/BANG/2018[2012-13]Status: DisposedITAT Bangalore01 Mar 2018AY 2012-13

Bench: Shri Arun Kumar Garodia

For Appellant: Shri Bharath H.P., CAFor Respondent: Shri Balakrishnan .N, Addl. CIT (DR)

Section 80HSection 80P

M/S Primary Agricultural Credit Co-Operative Bank Ltd, Vijayapura vs. Income Tax Officer, Ward-1, Vijayapura

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 24/BANG/2018[2013-14]Status: DisposedITAT Bangalore27 Feb 2018AY 2013-14

Bench: Shri Arun Kumar Garodia

For Appellant: Shri Sandeep, C. AFor Respondent: Shri Balakrishnan N. Addl. CIT (DR)

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

…hearing this appeal.” 4. It was submitted by ld. AR of the assessee that the issue was decided by CIT(A) 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 submitted that the facts of that case are different and therefore, this judgment is not applicable in the present case. He drawn my attention to the second Para of thisjudgment on page 616 of 395 ITR and pointed out that as per the facts of that case noted by Hon'ble Karnataka High Court in this Para, the amount deposited by assessee i…