Sant Motiram Maharaj Sahakari Pat Sanstha Ltd. v. ITO

120 Taxmann.com 10Income Tax Appellate Tribunal2020#758 most cited

What is Sant Motiram Maharaj Sahakari Pat Sanstha Ltd. v. ITO authority for?

Interest earned by a Cooperative credit Society from deposits with a Cooperative bank is eligible for deduction under Section 80P(2) of the Income-tax Act. Revisional orders under Section 263 disallowing such deduction are invalid if the original allowance was correct.

135

judgments rely on this decision, according to BharatTax’s citation analysis of 366,421 Indian tax judgments — from 2021 to 2026.

Also referred to as

Sant Motiram Maharaj Sahakari Pat Sanstha Ltd. · Section 80P(2) · cooperative society interest income · interest from cooperative bank · deduction under Section 80P(2)(a)(i) · revision under Section 263 · assessment order erroneous · Totgar Cooperative Sale Society · 186 ITD 220 · ITAT Pune

Issues it is cited on

Judgments citing Sant Motiram Maharaj Sahakari Pat Sanstha Ltd. v. ITO

Mohol Nagari Sahakari Pat Purvatha Sanstha Maryadit, Solapur vs. Principal Commissioner of Income-Tax -4, Pune

Appeal of the assessee is Partly Allowed

ITA 227/PUN/2022[2017-18]Status: DisposedITAT Pune22 May 2023AY 2017-18

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.227/Pun/2022 िनधा"रण वष" / Assessment Year : 2017-18 Mohol Nagari Sahakari The Principal Patpurvatha Sanstha Maryadit, Vs Commissioner Of Income Marketyard Mohol, Tal. Mohol, Tax, Pune. Dist. Solapur – 413213. Maharashtra. Pan: Aaaam 1185 F Appellant / Assessee Respondent / Revenue Assessee By Shri S N Puranik – Ar Revenue By Shri Sardar Singh Meena - Dr Date Of Hearing 13/03/2023 Date Of Pronouncement 22/05/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Pr.Commissioner Of Income Tax, Pune Dated 26.03.2022 Under Section 263 Of The Income Tax Act, 1961 For The A.Y.2017-18. The Assessee Has Raised The Following Grounds Of Appeal: “1. Pr. Commissioner Has Erred Both On Facts As Well As Law In Initiating Proceeding U/S 263 & Passing Order Under U/S 263, Without Application Of Mind. Mohol Nagari Sahakri Patpurvatha Sanstha Maryadit [A]

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

…operative Sale Society Ltd. (supra), we hold that the assessee is entitled to the claim of deduction under section 80P(2)(a)(i) of the Act.” Unquote. 7. Similar View is taken by ITAT Pune in the case of Sant Motiram Maharaj Sahakari Pat Sanstha Ltd. Vs. ITO 186 ITD 220 (Pune - Trib.) [23-09- 2020]. 8. Thus, the ITAT has repeatedly held that interest earned by Cooperative credit Society from Cooperative bank is eligible for deduction u/s 80P(2) of the Act. Hence, the order u/s 263 is quashed qua the issue of eligibility of the assessee for deduction u/s 80P(2) on Interest earned . 8 Mohol Nagari Sahakri Patpur…