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 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

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

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

ITA 23/BANG/2018[2012-13]Status: DisposedITAT Bangalore27 Feb 2018AY 2012-13

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…

Bijapur Co-Operative Credit Society Ltd, Vijayapura vs. Income Tax Officer, Ward-1, Vijayapura

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

ITA 22/BANG/2018[2013-14]Status: DisposedITAT Bangalore27 Feb 2018AY 2013-14

Bench: Shri Arun Kumar Garodiaassessment Year :2013-14

For Appellant: Shri Sandeep, C. AFor Respondent: Shri Balakrishnan N. Addl. CIT (DR)
Section 56Section 80P(2)(a)Section 80P(2)(d)

…hearing this appeal.” 3. 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…

Prathamika Krishi Pattin Sahakakari Bank Niyamit, Vijayapura vs. Income Tax Officer, Ward-2, Vijayapura

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

ITA 21/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 56Section 80P(2)(a)Section 80P(2)(d)

…hearing this appeal.” 3. 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…

Prathamika Krishi Pattin Sahakari Bank Niyamit, Vijayapur vs. Income Tax Officer, Ward-2, Vijayapura

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

ITA 20/BANG/2018[2012-13]Status: DisposedITAT Bangalore27 Feb 2018AY 2012-13

Bench: Shri Arun Kumar Garodia

For Appellant: Shri Sandeep, C. AFor Respondent: Shri Balakrishnan N. Addl. CIT (DR)
Section 56Section 80P(2)(a)Section 80P(2)(d)

…hearing this appeal.” 3. 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…

M/S Mahilanidhi Souharda Sahakari Limited, Magaluru vs. Income Tax Officer Ward-2(3), Mangaluru

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

ITA 193/BANG/2018[2013-14]Status: DisposedITAT Bangalore27 Feb 2018AY 2013-14

Bench: Shri Arun Kumar Garodiaassessment Year :2013-14

For Appellant: Shri Sandeep, C. AFor Respondent: Shri Balakrishnan N. Addl. CIT (DR)
Section 143(3)Section 56Section 80P(2)(a)

…hearing this appeal.” 3. 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…

Sri Maheshwara Credit Co-Op Society Ltd, Haveri vs. Inocme Tax Officer Ward-2, Haveri

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

ITA 2699/BANG/2017[2014-15]Status: DisposedITAT Bangalore24 Jan 2018AY 2014-15

Bench: Shri Arun Kumar Garodia

For Appellant: Shri M.R. Uppin, AdvocateFor Respondent: Shri Vimal Anand, Addl. CIT (DR)
Section 28Section 80P(2)(a)

…ard 5(3), Hyderabad.” 4. It was submitted by ld. AR of the assessee that the issue was decided by CIT(A) by following 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). 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 this judgment on page 616 of 395 ITR and pointed out that as per the facts of that case noted by Hon'ble Karnataka ITA Nos. 2698 & 2699/Bang/2017 Page 3 of 6 High Court in…

Sri Maheshwara Credit Co-Op Society Ltd, Haveri vs. Income Tax Officer Ward-2, Haveri

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

ITA 2698/BANG/2017[2013-14]Status: DisposedITAT Bangalore24 Jan 2018AY 2013-14

Bench: Shri Arun Kumar Garodia

For Appellant: Shri M.R. Uppin, AdvocateFor Respondent: Shri Vimal Anand, Addl. CIT (DR)
Section 28Section 80P(2)(a)

…ard 5(3), Hyderabad.” 4. It was submitted by ld. AR of the assessee that the issue was decided by CIT(A) by following 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). 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 this judgment on page 616 of 395 ITR and pointed out that as per the facts of that case noted by Hon'ble Karnataka ITA Nos. 2698 & 2699/Bang/2017 Page 3 of 6 High Court in…

M/S Bhadravathi Town Bhavasara Kshatriya Co-Operative Society Ltd, Shimoga vs. Income Tax Officer Ward-3, Shimoga

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

ITA 2191/BANG/2017[2010-11]Status: DisposedITAT Bangalore19 Jan 2018AY 2010-11

Bench: Shri Arun Kumar Garodiaassessment Year : 2010-11

For Appellant: Shri S. Krishnaswamy, CAFor Respondent: Dr. G. Manojkumar, Addl. CIT (DR)
Section 80PSection 80P(1)Section 80P(2)

…y applied the decision of the Supreme Court in Totagara Co-operative Sale Society Ltd V ITO (2010)188 Taxmann and the CIT (A) the decision of Karnataka High Court in Principal Commissioner of Income-Tax and another v. Totagars co-operative sale society [2017) 395 ITR 611 (kern) as these two decisions were dealing with a case of co-operative society indulging in non-cooperative business also which was not the case in the instant case. iii. The learned ITO and CIA (A) ought to have appreciated that the appellants' activities are restricted and confined to co- operative activities i.e. transactions with members and…

Shiva Credit Co-Operative Society Ltd, Honnali vs. Income Tax Officer Ward-2, Shimoga

In the result, all the three appeals filed by the assessee are allowed for statistical purposes in the terms indicated above

ITA 2188/BANG/2017[2012-13]Status: DisposedITAT Bangalore11 Jan 2018AY 2012-13

Bench: Shri Arun Kumar Garodia

For Appellant: Dr. S. Krishnaswamy, CAFor Respondent: Dr. G. Manojkumar, Addl. CIT (DR)
Section 80P(2)

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC-B” BENCH : BANGALORE BEFORE SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER ITA Nos. 2186 to 2188/Bang/2017 Assessment Years :2009-10, 2011-12 & 2012-13 M/s. Shiva Credit Co-operative Society Ltd., Nyamathi Road, The Income Tax Officer, Honnali, Vs. Ward – 2, Davangere Dist – 577 217. Shimoga. PAN: AABAS 0097D APPELLANT RESPONDENT Appellant by : Dr. S. Krishnaswamy, CA Respondent by : Dr. G. Manojkumar, Addl. CIT (DR) Date of hearing : 10.01.2018 Date of Pronouncement : 11.01.2018 O R D E R Per Shri A.K. Garodia, Accountant Member All these three appeals are filed by the…

Shiva Credit Co-Operative Society Ltd, Honnali vs. Income Tax Officer Ward-2, Shimoga

In the result, all the three appeals filed by the assessee are allowed for statistical purposes in the terms indicated above

ITA 2187/BANG/2017[2011-12]Status: DisposedITAT Bangalore11 Jan 2018AY 2011-12

Bench: Shri Arun Kumar Garodia

For Appellant: Dr. S. Krishnaswamy, CAFor Respondent: Dr. G. Manojkumar, Addl. CIT (DR)
Section 80P(2)

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC-B” BENCH : BANGALORE BEFORE SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER ITA Nos. 2186 to 2188/Bang/2017 Assessment Years :2009-10, 2011-12 & 2012-13 M/s. Shiva Credit Co-operative Society Ltd., Nyamathi Road, The Income Tax Officer, Honnali, Vs. Ward – 2, Davangere Dist – 577 217. Shimoga. PAN: AABAS 0097D APPELLANT RESPONDENT Appellant by : Dr. S. Krishnaswamy, CA Respondent by : Dr. G. Manojkumar, Addl. CIT (DR) Date of hearing : 10.01.2018 Date of Pronouncement : 11.01.2018 O R D E R Per Shri A.K. Garodia, Accountant Member All these three appeals are filed by the…

Shiva Credit Co-Operative Society Ltd, Honnali vs. Income Tax Officer Ward-2, Shimoga

In the result, all the three appeals filed by the assessee are allowed for statistical purposes in the terms indicated above

ITA 2186/BANG/2017[2009-10]Status: DisposedITAT Bangalore11 Jan 2018AY 2009-10

Bench: Shri Arun Kumar Garodia

For Appellant: Dr. S. Krishnaswamy, CAFor Respondent: Dr. G. Manojkumar, Addl. CIT (DR)
Section 80P(2)

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC-B” BENCH : BANGALORE BEFORE SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER ITA Nos. 2186 to 2188/Bang/2017 Assessment Years :2009-10, 2011-12 & 2012-13 M/s. Shiva Credit Co-operative Society Ltd., Nyamathi Road, The Income Tax Officer, Honnali, Vs. Ward – 2, Davangere Dist – 577 217. Shimoga. PAN: AABAS 0097D APPELLANT RESPONDENT Appellant by : Dr. S. Krishnaswamy, CA Respondent by : Dr. G. Manojkumar, Addl. CIT (DR) Date of hearing : 10.01.2018 Date of Pronouncement : 11.01.2018 O R D E R Per Shri A.K. Garodia, Accountant Member All these three appeals are filed by the…

Income Tax Officer Ward-6(2)(4), Bangalore vs. M/S Bel Employees House Building Co-Operative Society Ltd, Bangalore

In the result, these two appeals of the revenue are allowed

ITA 1587/BANG/2017[2010-11]Status: DisposedITAT Bangalore29 Nov 2017AY 2010-11

Bench: Shri A.K.Garodia, Accounant Member

For Appellant: NoneFor Respondent: Shri Palani Kumar, Addl. CIT
Section 80P

…IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH ‘SMC-C’, BANGALORE BEFORE SHRI A.K.GARODIA, ACCOUNANT MEMBER ITA Nos.1584 to 1587 (Bang) 2017 (Assessment years : 2007 – 08 to 2010 – 11) The ITO ward – 6 (2) (4), Bengaluru. Appellant Vs M/s. BEL Employees House Building Co-operative Society Ltd., C – 92, BEL Colony, Jalahalli Post, Bangalore – 560013. PAN. AABAB2034P Respondent Assessee by : None Revenue by : Shri Palani Kumar, Addl. CIT Date of hearing : 23-11-2017 Date of pronouncement : 29-11-2017 O R D E R PER A. K. GARODIA, A.M.: These four appeals are filed by the revenue which are directed a…

Income Tax Officer Ward-6(3)(1), Bangalore vs. M/S Bel Employees House Building Co-Operative Society Ltd, Bangalore

In the result, these two appeals of the revenue are allowed

ITA 1585/BANG/2017[2008-09]Status: DisposedITAT Bangalore29 Nov 2017AY 2008-09

Bench: Shri A.K.Garodia, Accounant Member

For Appellant: NoneFor Respondent: Shri Palani Kumar, Addl. CIT
Section 80P

…IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH ‘SMC-C’, BANGALORE BEFORE SHRI A.K.GARODIA, ACCOUNANT MEMBER ITA Nos.1584 to 1587 (Bang) 2017 (Assessment years : 2007 – 08 to 2010 – 11) The ITO ward – 6 (2) (4), Bengaluru. Appellant Vs M/s. BEL Employees House Building Co-operative Society Ltd., C – 92, BEL Colony, Jalahalli Post, Bangalore – 560013. PAN. AABAB2034P Respondent Assessee by : None Revenue by : Shri Palani Kumar, Addl. CIT Date of hearing : 23-11-2017 Date of pronouncement : 29-11-2017 O R D E R PER A. K. GARODIA, A.M.: These four appeals are filed by the revenue which are directed a…

Income Tax Officer Ward-6(3)(1), Bangalore vs. M/S Bel Employees Housing Building Co-Operative Society Ltd, Bangalore

In the result, these two appeals of the revenue are allowed

ITA 1584/BANG/2017[2007-08]Status: DisposedITAT Bangalore29 Nov 2017AY 2007-08

Bench: Shri A.K.Garodia, Accounant Member

For Appellant: NoneFor Respondent: Shri Palani Kumar, Addl. CIT
Section 80P

…IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH ‘SMC-C’, BANGALORE BEFORE SHRI A.K.GARODIA, ACCOUNANT MEMBER ITA Nos.1584 to 1587 (Bang) 2017 (Assessment years : 2007 – 08 to 2010 – 11) The ITO ward – 6 (2) (4), Bengaluru. Appellant Vs M/s. BEL Employees House Building Co-operative Society Ltd., C – 92, BEL Colony, Jalahalli Post, Bangalore – 560013. PAN. AABAB2034P Respondent Assessee by : None Revenue by : Shri Palani Kumar, Addl. CIT Date of hearing : 23-11-2017 Date of pronouncement : 29-11-2017 O R D E R PER A. K. GARODIA, A.M.: These four appeals are filed by the revenue which are directed a…