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.

Azmer Zila Dugdh Utpadak Sahkari Sangh Ltd., Ajmer vs. Pr. Commissioner of Income Tax, Ajmer

In the result, appeal of the assessee is allowed

ITA 90/JPR/2019[2014-15]Status: DisposedITAT Jaipur28 Aug 2019AY 2014-15

For Appellant: Shri Sunil Porwal (CA) &For Respondent: Shri B. K. Gupta (CIT)

Section 143(3)Section 263Section 80Section 80PSection 80P(2)(d)Section 80P(4)

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCH ‘B’ JAIPUR Jh fot; iky jko] U;kf;d lnL; ,oa Jh foØe flag ;kno] ys[kk lnL; ds le{k BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 90/JP/2019 fu/kZkj.k o"kZ@Assessment Year :2014-15 cuke Ajmer Zila Dugh Utpadak Sahkari Pr. Commissioner of Vs. Sangh Ltd. Opp. HMT, Beawar Income Tax, Ajmer Road, Ajmer (Raj.) LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AABAA0141Q vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri Sunil Porwal (CA) & Shri Ashok Gupta (CA) j…

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)

…e Supreme Court in the case of The Totgar Cooperative Sales Society Limited v. ITO (supra) has no application to the facts of the assessee’s case. 9. At this stage it is relevant to note that in the case of Pr.CIT v. Totgar Cooperative Sales Society Limited [392 ITR 74] the Hon'ble Karnataka High Court considered the meaning of the word “cooperative society” within the provisions of section 80P(2)(d) and held that cooperative society includes cooperative bank for the purpose of deduction u/s.80P(2)(d) of the Act. Therefore, it has been held that interest received by the cooperative society from the cooperative b…

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)

…e Supreme Court in the case of The Totgar Cooperative Sales Society Limited v. ITO (supra) has no application to the facts of the assessee’s case. 9. At this stage it is relevant to note that in the case of Pr.CIT v. Totgar Cooperative Sales Society Limited [392 ITR 74] the Hon'ble Karnataka High Court considered the meaning of the word “cooperative society” within the provisions of section 80P(2)(d) and held that cooperative society includes cooperative bank for the purpose of deduction u/s.80P(2)(d) of the Act. Therefore, it has been held that interest received by the cooperative society from the cooperative b…

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)

…le Supreme Court in the case of The Totgar Cooperative Sales Society Limited v. ITO (supra) has no application to the facts of the assessee’s case. 9. At this stage it is relevant to note that in the case of Pr.CIT v. Totgar Cooperative Sales Society Limited [392 ITR 74] the Hon'ble Karnataka High Court considered the meaning of the word “cooperative society” within the provisions of section 80P(2)(d) and held that cooperative society includes cooperative bank for the purpose of deduction u/s.80P(2)(d) of the Act. Therefore, it has been held that interest received by the cooperative society from the cooperative b…

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)

…perative Housing Society Ltd. Vs. ITO-Range-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,…

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)

…perative Housing Society Ltd. Vs. ITO-Range-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,…

Shiksha Vibhag Karmacharigan Sahakari Samiti Limited, Kota vs. Income Tax Officer, Kota

In the result, all the appeals of the assessee are allowed

ITA 87/JPR/2018[2014-15]Status: DisposedITAT Jaipur17 Jun 2019AY 2014-15

For Appellant: Shri S.R. Sharma (CA) &For Respondent: Shri A.K. Rawat (Jt. CIT)

Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 80P(4)

…after considering the decision of Hon’ble Jurisdictional High Court in case of CIT vs. Rajasthan Rajya Sahakari Kray Vikray Sangh Ltd. (supra) as well as the decision of Hon’ble Karnataka High Court in case of PCIT vs. Totagars Co- operative Sale Society, 392 ITR 74 (Kar.) has upheld the order of the ld. CIT (A) allowing the deduction under section 80P(2)(d) of the Act. Further, the Hon’ble Telangana & Andhra Pradesh High Court in case of Vavveru Co-operative Rural Bank Ltd. vs. CCIT (supra) has discussed this issue in detail in para 28 to 37 as under :- 28. We have carefully considered the above submissi…

Shiksha Vibhag Karmacharigan Sahakari Samiti Limited, Kota vs. ITO, Kota

In the result, all the appeals of the assessee are allowed

ITA 281/JPR/2017[2012-13]Status: DisposedITAT Jaipur17 Jun 2019AY 2012-13

For Appellant: Shri S.R. Sharma (CA) &For Respondent: Shri A.K. Rawat (Jt. CIT)

Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 80P(4)

…after considering the decision of Hon’ble Jurisdictional High Court in case of CIT vs. Rajasthan Rajya Sahakari Kray Vikray Sangh Ltd. (supra) as well as the decision of Hon’ble Karnataka High Court in case of PCIT vs. Totagars Co- operative Sale Society, 392 ITR 74 (Kar.) has upheld the order of the ld. CIT (A) allowing the deduction under section 80P(2)(d) of the Act. Further, the Hon’ble Telangana & Andhra Pradesh High Court in case of Vavveru Co-operative Rural Bank Ltd. vs. CCIT (supra) has discussed this issue in detail in para 28 to 37 as under :- 28. We have carefully considered the above submissi…

Ekta Milan Co-Op Housing Society Limited, Mumbai vs. Income Tax Officer-32(1)(5), Mumbai

The appeal of the assessee is allowed in terms of our aforesaid observations

ITA 3867/MUM/2018[2014-15]Status: DisposedITAT Mumbai30 Apr 2019AY 2014-15

Bench: Shri Shamim Yahya & Shri Ravish Soodekta Milan Co-Op. Housing Commissioner Of Income Tax Society Limited, (Appeals)-46 New Link Road, Mittal Court, 3Rd Floor, B-Wing, Vs. Opp. Eskay Club, Borivali (W), Nariman Point, Mumbai 400 103 Mumbai 400021 Pan – Aaaae2679L (Appellant) (Respondent)

For Appellant: Shri Ashok H. Sagar, A.RFor Respondent: Shri Chaitnya Anjaria, D.R

Section 143(1)Section 143(2)Section 143(3)Section 80PSection 80P(2)(d)

…using Society Ltd. Vs. ITO- Range-20(2)(2), Mumbai (ITA No. 6139/Mum/2014, dated 27.09.2017. Apart there from, we 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 a co-operative society on its investments held with a co-operative bank would be eligible for claim of deduction under Sec. 80P(2)(d). Still further, we find that the CBDT Circular No. 14, d…

Kshatriy Gadkari Maratha Co.Op.Credit Society Ltd., Mumbai vs. ITO 21(2)(1), Mumbai

In the result, appeals of the assessee are allowed

ITA 3647/MUM/2018[2014-15]Status: DisposedITAT Mumbai26 Apr 2019AY 2014-15

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

For Appellant: Shri Rajendra KadrekarFor Respondent: Shri Kailash C. Kanojiya

Section 143(3)Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 80P(4)

…e Supreme Court in the case of The Totgar Cooperative Sales Society Limited v. ITO (supra) has no application to the facts of the assessee’s case. 9. At this stage it is relevant to note that in the case of Pr.CIT v. Totgar Cooperative Sales Society Limited [392 ITR 74] the Hon'ble Karnataka High Court considered the meaning of the word “cooperative society” within the provisions of section 80P(2)(d) and held that cooperative society includes cooperative bank for the purpose of deduction u/s.80P(2)(d) of the Act. Therefore, it has been held that interest received by the cooperative society from the cooperative b…

Kshatriy Gadkari Maratha Co-Op.Credit Society Ltd., Mumbai vs. ITO 21(2)(1), Mumbai

In the result, appeals of the assessee are allowed

ITA 3646/MUM/2018[2013-14]Status: DisposedITAT Mumbai26 Apr 2019AY 2013-14

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

For Appellant: Shri Rajendra KadrekarFor Respondent: Shri Kailash C. Kanojiya

Section 143(3)Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 80P(4)

…e Supreme Court in the case of The Totgar Cooperative Sales Society Limited v. ITO (supra) has no application to the facts of the assessee’s case. 9. At this stage it is relevant to note that in the case of Pr.CIT v. Totgar Cooperative Sales Society Limited [392 ITR 74] the Hon'ble Karnataka High Court considered the meaning of the word “cooperative society” within the provisions of section 80P(2)(d) and held that cooperative society includes cooperative bank for the purpose of deduction u/s.80P(2)(d) of the Act. Therefore, it has been held that interest received by the cooperative society from the cooperative b…

Assistant Commissioner of Income Tax, Central Circle-2(3), Bangalore vs. M/S Vasavi Housing Co-Operative Society Ltd, Bangalore

In the result, appeal by the Revenue for Assessment Year 2014-15 is treated as allowed for statistical purposes

ITA 1853/BANG/2017[2014-15]Status: DisposedITAT Bangalore11 Jan 2019AY 2014-15

Bench: Shri N. V. Vasudevan & Shri Jason P Boazassessment Year : 2014-15 The Assistant Commissioner Of Vs. M/S. Vasavi Housing Income-Tax, Co-Operative Society Ltd., No.108/1, Sri Chakra, 2Nd Floor, Central Circle – 2(3), Bangalore. East Park Road, Opp. Vasavi Mahal, 8Th Cross, Malleshwaram, Bangalore – 560 003. Pan : Aabav 4661 L Appellant Respondent Assessee By : Smt. Sri Nandini Das, Addl. Cit : Revenue By Shri. Shreesh Kumar Eshwar Hegde, Ca Date Of Hearing : 26.11.2018 Date Of Pronouncement : 11.01.2019

For Appellant: Smt. Sri Nandini Das, Addl. CIT

Section 143(3)Section 2(24)(viia)Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 80P(4)

…-operative banks only; which is claimed as deduction u/s 80P(2)(d) of the Act and that it is not a bank as concluded by the AO. The CIT(A), following the decisions of the Hon’ble Karnataka High Court in the case of Totagars Co-operative Sale Society in (2017) 392 ITR 74 (Kar) and of the co-ordinate bench of this Tribunal in the case of Menasi Seemeya Group Gramagala Seva Sahakari Sangha Niyamitha in ITA No.609 and 610/Bang/2014; which was on similar facts; allowed the assessee’s claim for deduction u/s 80P(2)(d) of the Act. 4. Revenue, being aggrieved by the order of the CIT(A)-2, Bangalore, dated 15.06.2017 for…

The Veer Co-Operative Group Housing Society Ltd., New Delhi vs. ITO, Ward- 39(4), New Delhi

In the result, ITA.No.2787/Del

ITA 2788/DEL/2018[2014-15]Status: DisposedITAT Delhi04 Sept 2018AY 2014-15

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

For Appellant: Ms. Mansi JainFor Respondent: Shri Vijay Kumar Jiwani, Sr. D.R

Section 80P(2)(c)Section 80P(2)(d)

…be allowed. The assessee-society relied upon the decision of Hon’ble Karnataka High Court in the case of Pr. CIT vs. Totagars 7 ITA.Nos.2787 & 2788/Del./2018 M/s. The Veer Cooperative Group Housing Society Limited, New Delhi. Cooperative Sale Society (2017) 392 ITR 74 in which it was held that “thus the Cooperative Bank which is a species of the genus would necessarily be covered by the word “Cooperative Society”. The assessee-society relied upon the order of ITAT, Mumbai Bench in the case of Income Tax Officer, Ward- 21(1)91), Mumbai vs. M/s. Abhaylaxmi Co-op. Society Ltd., in ITA.No.1525/ Mum/2017 and ITA.No.…

Thye Veer Co-Operative Group Housing Society Ltd, New Delhi vs. ITO, Ward-39(4), New Delhi

In the result, ITA.No.2787/Del

ITA 2787/DEL/2018[2013-14]Status: DisposedITAT Delhi04 Sept 2018AY 2013-14

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

For Appellant: Ms. Mansi JainFor Respondent: Shri Vijay Kumar Jiwani, Sr. D.R

Section 80P(2)(c)Section 80P(2)(d)

…be allowed. The assessee-society relied upon the decision of Hon’ble Karnataka High Court in the case of Pr. CIT vs. Totagars 7 ITA.Nos.2787 & 2788/Del./2018 M/s. The Veer Cooperative Group Housing Society Limited, New Delhi. Cooperative Sale Society (2017) 392 ITR 74 in which it was held that “thus the Cooperative Bank which is a species of the genus would necessarily be covered by the word “Cooperative Society”. The assessee-society relied upon the order of ITAT, Mumbai Bench in the case of Income Tax Officer, Ward- 21(1)91), Mumbai vs. M/s. Abhaylaxmi Co-op. Society Ltd., in ITA.No.1525/ Mum/2017 and ITA.No.…

Lady Ratan Tower Cooperative Housing Society Limited, Mumbai vs. Income Tax Officer 21(2)(2), Mumbai

In the result, appeal filed by the assessee is allowed

ITA 1152/MUM/2018[2013-14]Status: DisposedITAT Mumbai09 Aug 2018AY 2013-14

Bench: Shri G.S. Pannu & Shri Pawan Singhlady Ratan Tower Cooperative Ito-21(2)(2) Room No. 111, 1St Floor, Housing Society Ltd. Dainik Shivner Marg, Worli, Vs. Piramal Chamebers, Parel, Mumbai-400018. Mumbai-400012. Pan: Aaaal1740P Appellant Respondent Appellant By : Shri Mandar Vaidya (Ar) Respondent By : Shri S.K. Bepair (Sr. Dr) Date Of Hearing : 09.08.2018 Date Of Pronouncement : 09.08.2018 Order Under Section 254(1)Of Income Tax Act Per Pawan Singh; 1. This Appeal By Assessee Is Directed Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)-33, Mumbai [Ld. Cit(A)] Dated 29.12.2017 For Assessment Year 2013-14. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri Mandar Vaidya (AR)For Respondent: Shri S.K. Bepair (Sr. DR)

Section 254(1)Section 80PSection 80P(2)(d)Section 80P(4)

…perative Housing Society Ltd. Vs. ITO- Range-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,…

Income Tax Officer Ward-3(2), Thane vs. Eternity Co Op Housing Society Limited, Mumbai

In the result, the appeal of Revenue is dismissed

ITA 6159/MUM/2017[2013-14]Status: DisposedITAT Mumbai15 May 2018AY 2013-14

Bench: Sri Mahavir Singh

For Appellant: Anil Sathe, ARFor Respondent: PR Chauhan, DR

Section 143(3)Section 4Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(2)(d)

…the appeal of the assessee is allowed by reversing the order of the CIT(A). The AO is directed accordingly.” 4. Even now, the Tribunal by following the decision of Hon’ble Karnataka High Court in the case of PCIT vs. Totagars Co-operative Sale Society [2017] 392 ITR 74 (Karnataka) allowed this claim. In the case of Kaliandas Udyog Bhavan Premises Co-op Society Ltd. vs. ITO in ITA No. 6547/Mum/2017 for AY 2014-15 vide order dated 25.04.2018 by observing in Para 8 and 9 as under : - “8. We shall now advert to the judicial pronouncements that had been relied upon by the authorized representatives for both the part…

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)

…, as a result whereof, in both the situations, the assessee would be entitled for claim of deduction under section 80P(2)(d), relied on the judgment of the Hon'ble High Court of Karnataka in the case of Pr.CIT vs. Totgars Co-operative Sale Society Ltd. (2017) 392 ITR 74(Kar).The ld. A.R further took support of the judgment of the Hon'ble High Court of Guajrat in the case of State Bank of India (SBI) vs. CIT (2016) 389 ITR 578 (Guj) and the CBDT Circular No. 14, dated 28/12/2006, wherein the issue as regards withdrawal of tax benefit available to certain co-operative banks had been deliberated upon by the CBDT. La…

Mayoor Cooperative Housing Society Limited, Mumbai vs. Income Tax Officer 21(2)(3), Mumbai

In the result, the appeal filed by the assessee is allowed and the stay application is dismissed

ITA 263/MUM/2018[2013-14]Status: DisposedITAT Mumbai09 Mar 2018AY 2013-14

Bench: Shri B.R. Baskaran (Am)& Shri Pawan Singh (Jm)

Section 80PSection 80P(2)(d)Section 80P(4)

…ect of interest income received from co-operative banks. 4. The Ld CIT(A) allowed the claim of the assessee in both the years by following the decision rendered by Hon'ble Karnataka High Court in the case of PCIT vs. Totagars Co-operative sale society (2017)(392 ITR 74), wherein the Hon'ble Karnataka High Court had held that the co-operative banks are co- operative societies. Aggrieved, the revenue has filed these appeals. 5. The Ld D.R submitted that the Hon'ble Karnataka High had delivered the decision reported in 392 ITR 74 on January 5, 2017. However, in its subsequent decision in the case of very same asse…

Marathon Era Cooperative Housing Society Limited, Mumbai vs. Income Tax Officer 21(2)(2), Mumbai

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

ITA 6966/MUM/2017[2014-15]Status: DisposedITAT Mumbai06 Mar 2018AY 2014-15

Bench: Shri B.R. Baskaran (Am)& Shri Pawan Singh (Jm)

Section 80PSection 80P(2)Section 80P(2)(d)Section 80P(4)

…ect of interest income received from co-operative banks. 4. The Ld CIT(A) allowed the claim of the assessee in both the years by following the decision rendered by Hon'ble Karnataka High Court in the case of PCIT vs. Totagars Co-operative sale society (2017)(392 ITR 74), wherein the Hon'ble Karnataka High Court had held that the co-operative banks are co- operative societies. Aggrieved, the revenue has filed these appeals. 5. The Ld D.R submitted that the Hon'ble Karnataka High had delivered the decision reported in 392 ITR 74 on January 5, 2017. However, in its subsequent decision in the case of very same asse…

Income Tax Officer-24(1)(4), Mumbai vs. Citiscape Co-Op Housing Society Limited, Mumbai

In the result, both the appeals of the revenue are dismissed

ITA 5435/MUM/2017[2011-12]Status: DisposedITAT Mumbai08 Dec 2017AY 2011-12

Bench: Shri B.R. Baskaran (Am)

Section 80PSection 80P(2)Section 80P(2)(d)Section 80P(4)

…ect of interest income received from co-operative banks. 4. The Ld CIT(A) allowed the claim of the assessee in both the years by following the decision rendered by Hon’ble Karnataka High Court in the case of PCIT vs. Totagars Co-operative sale society (2017)(392 ITR 74), wherein the Hon’ble Karnataka High Court had held that the co-operative banks are co- operative societies. Aggrieved, the revenue has filed these appeals. 5. The Ld D.R submitted that the Hon’ble Karnataka High had delivered the decision reported in 392 ITR 74 on January 5, 2017. However, in its subsequent decision in the case of very same asse…

Pr. Commissioner of Income Tax and Anr. v. Totagars Cooperative Sale Society

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

Also referred to as

Sections most often in play

Issues it is cited on

Judgments citing Pr. Commissioner of Income Tax and Anr. v. Totagars Cooperative Sale Society

Azmer Zila Dugdh Utpadak Sahkari Sangh Ltd., Ajmer vs. Pr. Commissioner of Income Tax, Ajmer

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

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

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

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

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

Shiksha Vibhag Karmacharigan Sahakari Samiti Limited, Kota vs. Income Tax Officer, Kota

Shiksha Vibhag Karmacharigan Sahakari Samiti Limited, Kota vs. ITO, Kota

Ekta Milan Co-Op Housing Society Limited, Mumbai vs. Income Tax Officer-32(1)(5), Mumbai

Kshatriy Gadkari Maratha Co.Op.Credit Society Ltd., Mumbai vs. ITO 21(2)(1), Mumbai

Kshatriy Gadkari Maratha Co-Op.Credit Society Ltd., Mumbai vs. ITO 21(2)(1), Mumbai

Assistant Commissioner of Income Tax, Central Circle-2(3), Bangalore vs. M/S Vasavi Housing Co-Operative Society Ltd, Bangalore

The Veer Co-Operative Group Housing Society Ltd., New Delhi vs. ITO, Ward- 39(4), New Delhi

Thye Veer Co-Operative Group Housing Society Ltd, New Delhi vs. ITO, Ward-39(4), New Delhi

Lady Ratan Tower Cooperative Housing Society Limited, Mumbai vs. Income Tax Officer 21(2)(2), Mumbai

Income Tax Officer Ward-3(2), Thane vs. Eternity Co Op Housing Society Limited, Mumbai

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

Mayoor Cooperative Housing Society Limited, Mumbai vs. Income Tax Officer 21(2)(3), Mumbai

Marathon Era Cooperative Housing Society Limited, Mumbai vs. Income Tax Officer 21(2)(2), Mumbai

Income Tax Officer-24(1)(4), Mumbai vs. Citiscape Co-Op Housing Society Limited, Mumbai