State Bank Of India v. CIT

389 ITR 578High Court2016#60 most cited

What is State Bank Of India v. CIT authority for?

Income arising from a cooperative society's surplus funds invested in short-term deposits and securities is not attributable to the society's core activities and, therefore, is not eligible for exemption under Section 80P(2)(a)(i) of the Income-tax Act.

817

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

State Bank of India v CIT · Section 80P(2)(a)(i) · Section 80P(2)(d) · cooperative society · investment income · exemption · short-term deposits · securities · surplus funds · not business income

Also reported as

72 Taxmann.com 64241 Taxmann 163

Issues it is cited on

Judgments citing State Bank Of India v. CIT

Shree Durgamata Co-Operative Credit Soc Ltd., Mumbai vs. CIT (A) - NFAC, Delhi

In the result the appeal filed by the appeal is allowed

ITA 414/MUM/2023[2017-18]Status: DisposedITAT Mumbai03 May 2023AY 2017-18

Bench: Shir Pavan Kumar Gadaleshree Durgamata Co-Op Vs. Cit(A)-Nfac, Society Ltd, Room.No 245-A, Room.No.52,Khandkebldg. North Block, No.12,Jksawantmarg, New Delhi, Opp Shivaji Mandir, Delhi-110001. Dadar (W), Mumbai-400028. Pan/Gir No. : Aagas9038K Appellant .. Respondent Appellant By : Shri.Gautam Gokhale.Ar Respondent By : Shri.Rajendra Chandekar.Dr Date Of Hearing 01.05.2023 Date Of Pronouncement 01.05.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi/Cit(A) Passed U/Sec 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri.Gautam Gokhale.ARFor Respondent: Shri.Rajendra Chandekar.DR
Section 144Section 80PSection 80P(2)(a)Section 80P(2)(d)

…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 held, that the interest income earned by the assessee on its investments 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, dated 28.12.2006, also makes it clear beyond any scope of doubt that the purpose behind enactment of sub-sectio…

Rustomjee Regency 1 Co-Op Housing Society, Mumbai vs. CIT, CPC, Bangalore

In the result the appeal filed by the appeal is allowed

ITA 588/MUM/2023[2021-2022]Status: DisposedITAT Mumbai20 Apr 2023AY 2021-2022

Bench: Shir Pavan Kumar Gadalerustomjee Regency 1 Vs. Acit,Cpc Co-Op Housing Society Bangalore Cts No. 921/1, Rustom Irani Marg, Off Js Road, Dahisar (E), Mumbai – 400068. Pan/Gir No. : Aaaar6262J Appellant .. Respondent Appellant By : Shri.Mayur Makadia.Ar Respondent By : Smt.Jayashree Thakur.Dr Date Of Hearing 26.04.2023 Date Of Pronouncement 28.04.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi/Cit(A) Passed U/Sec 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri.Mayur Makadia.ARFor Respondent: Smt.Jayashree Thakur.DR
Section 143(1)Section 80Section 80PSection 80P(2)(d)

…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 held, that the interest income earned by the assessee on its investments 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, dated Rustomjee Regency 1 Co op Housing Society., Mumbai. 28.12.2006, also makes it clear beyond any scope of d…

M/S. the Ajanta Ideal Co-Operative Housing Society Limited, Mumbai vs. Asst. Director of Incometax, CPC, Bengaluru

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

ITA 604/MUM/2023[2020-21]Status: DisposedITAT Mumbai12 Apr 2023AY 2020-21

Bench: Shir Pavan Kumar Gadalethe Ajanta Ideal Co- Vs. Adit,Cpc Operative Housing 1Stfloor,Prestigealpha, Society Ltd, 7/1+2, Hosour Road, Ajanta Apartments, Bengaluru-560100. Near Bus Station, 75, Colaba Road, Mumbai-400005 Pan/Gir No. : Aaaat7871M Appellant .. Respondent Appellant By : None Respondent By : Ms. Jayashree Thakur.Dr Date Of Hearing 27.04.2023 Date Of Pronouncement 28.04.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi/Cit(A) Passed U/Sec 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: NoneFor Respondent: Ms. Jayashree Thakur.DR
Section 143(1)Section 2(19)Section 80PSection 80P(2)(d)

…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 held, that the interest income earned by the assessee on its investments 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, dated 28.12.2006, also makes it clear beyond any scope of doubt that the purpose behind enactment of sub-sectio…

Beliram Industrial Estate Premises Co-Op Society Ltd, Mumbai vs. Asst. Director of Income Tax, CPC, Bangaluru

In the result the appeal filed by the appeal is allowed

ITA 590/MUM/2023[2020-21]Status: DisposedITAT Mumbai12 Apr 2023AY 2020-21

Bench: Shir Pavan Kumar Gadalebeliram Industrialestate Vs. Adit,Cpc, Premises Co- Soc Ltd., Bengaluru-560500 Sv Road, Dahisar, Mumbai-400068. Pan/Gir No. : Aaaab6799E Appellant .. Respondent Appellant By : Mr.Prakash Shah.Ar Respondent By : Ms.Jayashree Thakur.Dr Date Of Hearing 27.04.2023 Date Of Pronouncement 28.04.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi/Cit(A) Passed U/Sec 250 Of The Act.The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Mr.Prakash Shah.ARFor Respondent: Ms.Jayashree Thakur.DR
Section 143(1)Section 154Section 80P(2)(d)

…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 held, that the interest income earned by the assessee on its investments 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, dated Beliram Industrial Estate Premises Co-Op Soc Ltd., Mumbai. 28.12.2006, also makes it clear beyond any sco…

Malad Koikl Co, Operatvie Housing Society Limited, Mumbai vs. ITO Ward 41(3)(2), Mumbai

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

ITA 522/MUM/2023[2018-19]Status: DisposedITAT Mumbai05 Apr 2023AY 2018-19

Bench: Shri Pavan Kumar Gadaleita Nos. 522 & 523/Mum/2023 (A.Ys: 2018-19 & 2019-20) Maladkokilco-Operative Vs. Ito, Ward 41(3)(2), Housing Society, Dgit(Vig)(West), S-2, Ground Floor, Mumbai-400020. Sunder Nagar, Sv Road, Malad (W), Mumbai -400064. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaeam8796J Appellant .. Respondent Assessee By : Shri. Kirit Sanghavi.Ar Revenue By : Smt.Jayashree Thakur.Dr Date Of Hearing 25.04.2023 Date Of Pronouncement 27.04.2023 आदेश / O R D E R

For Appellant: Shri. Kirit sanghavi.ARFor Respondent: Smt.Jayashree Thakur.DR
Section 139(1)Section 143(1)Section 80Section 80P(2)(d)

…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 held, that the interest income earned by the assessee on its investments 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, dated 28.12.2006, also makes it clear beyond any scope of doubt that the purpose behind enactment of sub-sectio…