Which sections of the Income Tax Act does Pr. Commissioner of Income Tax and Anr. v. Totagars Cooperative Sale Society come up under?

It is most often cited in judgments turning on Section 80P(2)(d), Section 80P(4), Section 80P(2)(a)(i), Section 143(3), Section 2(19), Section 250.

Pr. Commissioner of Income Tax and Anr. v. Totagars Cooperative Sale Society (392 ITR 74)

Q: What is Pr. Commissioner of Income Tax and Anr. v. Totagars Cooperative Sale Society authority for?

Interest income earned by a cooperative society from its investments or surplus deposits with a cooperative bank is eligible for deduction under Section 80P(2)(d) of the Income-tax Act, 1961.

Q: How many judgments cite Pr. Commissioner of Income Tax and Anr. v. Totagars Cooperative Sale Society?

762 judgments on BharatTax cite Pr. Commissioner of Income Tax and Anr. v. Totagars Cooperative Sale Society (392 ITR 74), spanning 2017 to 2026.

Mystique Rose Cooperative Housing Society Ltd., Mumbai vs. ITO -22(2)(3), Mumbai

In the result, appeal is partly allowed

ITA 1290/MUM/2021[2014-15]Status: DisposedITAT Mumbai30 Mar 2022AY 2014-15

For Appellant: Shri Siddesh Chaugule (AR)

Section 143(3)Section 250Section 271(1)(c)Section 80P(2)(d)Section 80P(4)

…d from investments made in any bank, not being a co- operative society, is not deductible under section 80P(2)(d) of the Act.” 12. Similar view was taken by the Hon‟ble Karnataka High Court in the case of Pr. CIT Vs. Totagars co-operative Sale Society [2017] 392 ITR 74 (Karnataka) wherein it was held as under: “10. Admittedly, the interest which the assessee respondent had earned was from a Co-operative Society Bank. Therefore, according to Sec. 80P(2)(d) of the I.T. Act, the said amount of interest earned from a Co-operative Society Bank would be deductible from the gross income of the Co-operative Society in…

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)

…sava Pattina Sahakari Sangha Niyamitha Bagalkot, 369 ITR 86 (Karnataka – HC). 11. As regards to the eligibility of exemption u/s 80P(2)(d), this issue was considered by the Hon’ble Karnataka High Court in the case of CIT vs. Totagars Cooperative Sale Society, 392 ITR 74 (Karn) wherein the Hon’ble High Court referring to the Hon’ble Supreme Court in the case of Totgars Co-operative Sales Society Ltd. (supra) held that the ratio of decision of the Hon’ble Supreme Court in the aforesaid case (supra) held not to be applicable in respect of interest income on investment as same falls under the provisions of section 80…

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)

…sava Pattina Sahakari Sangha Niyamitha Bagalkot, 369 ITR 86 (Karnataka – HC). 11. As regards to the eligibility of exemption u/s 80P(2)(d), this issue was considered by the Hon’ble Karnataka High Court in the case of CIT vs. Totagars Cooperative Sale Society, 392 ITR 74 (Karn) wherein the Hon’ble High Court referring to the Hon’ble Supreme Court in the case of Totgars Co-operative Sales Society Ltd. (supra) held that the ratio of decision of the Hon’ble Supreme Court in the aforesaid case (supra) held not to be applicable in respect of interest income on investment as same falls under the provisions of section 80…

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)

…sava Pattina Sahakari Sangha Niyamitha Bagalkot, 369 ITR 86 (Karnataka – HC). 11. As regards to the eligibility of exemption u/s 80P(2)(d), this issue was considered by the Hon’ble Karnataka High Court in the case of CIT vs. Totagars Cooperative Sale Society, 392 ITR 74 (Karn) wherein the Hon’ble High Court referring to the Hon’ble Supreme Court in the case of Totgars Co-operative Sales Society Ltd. (supra) held that the ratio of decision of the Hon’ble Supreme Court in the aforesaid case (supra) held not to be applicable in respect of interest income on investment as same falls under the provisions of section 80…

Sonmarg Co-Op Housing Society Ltd., Mumbai vs. CIT (A) Faceless Appeal Centre, Mumbai

In the result, appeal is allowed

ITA 1334/MUM/2021[2017-18]Status: DisposedITAT Mumbai29 Mar 2022AY 2017-18

For Appellant: Shri Prakash Pandit (AR)For Respondent: Shri Nishant Somaiya (DR)

Section 143(3)Section 250Section 80PSection 80P(2)(a)Section 80P(2)(d)

…04.2018. However, the Ld.CIT(A) dismissed the appeal of the Assessee confirming the disallowance of INR 19,54,427/-made by the AO by relying upon the judgment of Hon‟ble Karnataka High Court in the case of Pr. CIT Vs. Totagars co-operative Sale Society [2017] 392 ITR 74 (Karnataka) vide order, dated 25.05.2021 impugned in the present appeal. ITA. No. 1334/Mum/2021 Assessment Year: 2017-18 6. Before us, the Ld. Authorized Representative of the Assessee reiterated the submission made before the AO and CIT(A) and relied upon the submissions and the judgments placed on record vide paper book, dated 21.02.2022, whil…

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)

…operative Housing Society Ltd. Vs. ITORange-20(2)(2), Mumbai (ITA No. 6139/Mum/2014, dated 27.09.2017. We further 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 of State Bank Of India Vs. CIT (2016) 389 ITR 578 (Guj), had also held that the interest income earned by the assessee on its investments held with a co-operative bank would be eligible for claim of deduction under Sec. 80P(2)(d) of the Act. Still further, we find that the CBDT Circular No. 14,…

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)

…of that case. Similar view taken in case of Guttigedarara Credit Co- operative Society Ltd. vs. ITO reported in [2015] 377 ITR 464 by Hon'ble Karnataka High Court. In a subsequent decision of Pr.CIT And Anrs vs. Totagars Co- Operative Sale Society reported in 392 ITR 74 in the context of deduction u/s.80P(2)(d) of the Act, it was held by Hon'ble Karnataka high Court that deduction in respect of any income by way of interest or dividends derived by the co- operative society from its investments with any other co- operative society, the whole of such income is available under sec.80P(2)(d) of the Act. Hon'ble Karna…