Pr. CIT v. Totagars Co-operative Sales Society

83 Taxmann.com 140High Court2017#256 most cited

What is Pr. CIT v. Totagars Co-operative Sales Society authority for?

Interest income earned by a co-operative society from deposits or investments made in a co-operative bank is not eligible for deduction under Section 80P(2)(d) of the Income Tax Act, 1961, in view of Section 80P(4).

306

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2018 to 2026.

Also referred to as

Pr. CIT v. Totagars Co-operative Sales Society · 83 Taxmann.com 140 · Section 80P(2)(d) · Section 80P(4) · co-operative society interest deduction · interest from co-operative bank · deduction disallowance 80P · Totagars Karnataka High Court · investment income co-operative society

Issues it is cited on

Judgments citing Pr. CIT v. Totagars Co-operative Sales Society

Acgl Bbd Employees Coop Credit Society Ltd, Bhuimpal Honda Sattari Goa vs. Income Tax Officer, Ward 1(1), Panaj, Panaji, Goa

The appeal of the assessee stands allowed

ITA 212/PAN/2024[201718]Status: DisposedITAT Panaji12 Feb 2025

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliita Nos. 212/Pan/2024 Assessment Year : 2017-18 Acgl Bbd Employees Co-Op. Credit Society, Ltd. Bhuimpal Honda, Sattari, Bhuimpal, North Goa. Pan : Aaaaa8278M . . . . . . . Applicant V/S Income Tax Officer Ward-1(1), Panaji, Goa. . . . . . . . Respondent Appearances Assessee By : Mr S J Kamat [‘Ld. Ar’] Revenue By : Mr Narendra Reddy [‘Ld. Dr’] Date Of Conclusive Hearing : 06/02/2025 Date Of Pronouncement : 12/02/2025 Order Per G. D. Padmahshali, Am; The Assessee Is In Appeal Against Din & Order No. Itba/Nfac/S/250/2024-25/1066146872(1) Dt. 27/06/2024 Passed U/S 250 Of The Income-Tax Act, 1961 [‘The Act’ Hereinafter] By The National Faceless Appeal Centre, Delhi [‘Ld. Cit(A)/Nfac’ Hereinafter] Which In Turn Arisen Out Of Order Of Assessment Dt. 19/12/2019 Passed U/S 143(3) Of The Act By The Income Tax Officer, Ward-1(1), Panaji [‘Ld. Ao’ Hereinafter] For Assessment Year 2017-18 [‘Ay’ Hereinafter].

For Appellant: Mr S J Kamat [‘Ld. AR’]For Respondent: Mr Narendra Reddy [‘Ld. DR’]
Section 143(1)Section 143(2)Section 143(3)Section 250Section 80PSection 80P(2)Section 80P(2)(d)

…section 80P of the Act. While denying said claim for deduction u/c VI-A of the Act, the Revenue strongly placed its reliance on ‘Mavilayi Service Co-operative Bank Ltd. Vs CIT’ [2021, 431 ITR 1 (SC)] and on ‘PCIT Vs Totagars Co-operative Sale Society’ [2017, 83 Taxmann.com 140 (Kar)]. In essence, the sole & substantive dispute in the present case is not over eligibility of the appellant assessee to claim deduction u/s 80P(2)(d) of the Act but over eligibility of interest derived/earned by the assessee in view of s/s (4) of section 80P of the Act. ITAT-Panaji Page 4 of 12 ACGL Employee Co-op.Credit Society Ltd…