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 366,339 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

Karishma Co-Op Housing Society Ltd, Pune vs. Pr. Commissioner of Income Tax 2, Pune

Appeals are allowed in above terms

ITA 2/PUN/2021[2017-18]Status: DisposedITAT Pune07 Jul 2022AY 2017-18

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita Nos.1 & 2/Pun/2021 िनधा"रणवष" / Assessment Years: 2016-17 & 2017-18 Karishma Co-Op Housing Pr.Commissioner Of Income Society Ltd., Vs Tax-2, Pune. Near Sangam Press, Karve . Road, Kothrud, Pune – 411038. Pan: Aaaak 9772 C Appellant/ Assessee Respondent /Revenue Assessee By Shri Pramod Shingte – Ar Revenue By Shri Sunil Kumar – Cit(Dr) Date Of Hearing 24/06/2022 Date Of Pronouncement 07/07/2022 आदेश/ Order Per S.S.Godara, Jm: These Assessee’S Twin Appeals For The A.Y.2016-17 & 2017- 18 Arise Against The Pr.Cit-2, Pune’S Separate Orders, Passed In Case No.Pn/Pcit-2/263/2020-21/1084, Pn/Pcit-2/263/2020-21/1085, Both Dated 10.12.2020, Respectively, Involving Proceedings Under Section 263 Of The Income Tax Act [In Short “The Act”].

Section 143(3)Section 263Section 80B(2)(ii)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-section…

Karishma Co-Op Housing Society Ltd, Pune vs. Pr. Commissioner of Income Tax 2, Pune

Appeals are allowed in above terms

ITA 1/PUN/2021[2016-17]Status: DisposedITAT Pune07 Jul 2022AY 2016-17

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita Nos.1 & 2/Pun/2021 िनधा"रणवष" / Assessment Years: 2016-17 & 2017-18 Karishma Co-Op Housing Pr.Commissioner Of Income Society Ltd., Vs Tax-2, Pune. Near Sangam Press, Karve . Road, Kothrud, Pune – 411038. Pan: Aaaak 9772 C Appellant/ Assessee Respondent /Revenue Assessee By Shri Pramod Shingte – Ar Revenue By Shri Sunil Kumar – Cit(Dr) Date Of Hearing 24/06/2022 Date Of Pronouncement 07/07/2022 आदेश/ Order Per S.S.Godara, Jm: These Assessee’S Twin Appeals For The A.Y.2016-17 & 2017- 18 Arise Against The Pr.Cit-2, Pune’S Separate Orders, Passed In Case No.Pn/Pcit-2/263/2020-21/1084, Pn/Pcit-2/263/2020-21/1085, Both Dated 10.12.2020, Respectively, Involving Proceedings Under Section 263 Of The Income Tax Act [In Short “The Act”].

Section 143(3)Section 263Section 80B(2)(ii)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-section…

Shree Ashapura Co.Op. Credit So.Ltd., Vijapur vs. Pr.CIT., Gandhinagar

In the result, the appeal of the assessee is allowed

ITA 856/AHD/2019[2014-15]Status: DisposedITAT Ahmedabad06 Jul 2022AY 2014-15

Bench: Shri P.M. Jagtap, Vice- & Smt.Suchitra R. Kambleassessment Year : 2014-15 Shree Ashapura Co-Op. Credit Principal Commissioner Of Society Limited, Vs Income-Tax, Opp. Gram Panchayat Office, Gandhinagar Pilvai, Taluka Vijapur, Dist. Mehsana-382850 Pan : Aaaaa 6598 C अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : None Revenue By : Shri Vijay Kumar Jaiswal, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 30/06/2022 घोषणा क" तार"ख /Date Of Pronouncement: 06/07/2022 आदेश/O R D E R

For Appellant: NoneFor Respondent: Shri Vijay Kumar Jaiswal, CIT-DR
Section 143(3)Section 244ASection 263Section 80PSection 80P(2)

…r alia submitted by the assessee that the decision of the Hon’ble Karnataka High Court in the case of Totgars Co-operative Sale Society (supra) was contrary to the view taken by the Hon’ble Gujarat High Court in the case of State Bank of India Vs. CIT, [2016] 72 Taxmann.com 64. It was also brought to the notice of the learned PCIT by the assessee that Ahmedabad Bench of the ITAT while deciding a similar issue involved in various cases had followed the decision of Hon’ble Gujarat High Court in the case of State Bank of India (supra) and not the decision of the Hon’ble Karnataka High Court in the case of Totgars Co…

The Sardar Patel Co Opertaive Credit Society Limited, Mehsana vs. The Pr. CIT, Gandhinagar

In the result, the appeal of the assessee is allowed

ITA 575/AHD/2019[2014-15]Status: DisposedITAT Ahmedabad17 Jun 2022AY 2014-15

Bench: Shri P.M. Jagtap, Vice- & Ms. Madhumita Royassessment Year : 2014-15 The Sardar Patel Co-Operative Credit Principal Commissioner Of Society Limited, Vs Income-Tax, Near Hdfc Bank Ltd., T.B. Road, Gandhinagar Vijapur, Dist. Mehsana Pan : Aaaat 4741 N अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri H.V. Doshi, Ca Revenue By : Shri James Kurian, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 07/06/2022 घोषणा क" तार"ख /Date Of Pronouncement: 17/06/2022 आदेश/O R D E R Per P.M. Jagtap, Vice-: This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Principal Commissioner Of Income-Tax, Gandhinagar (“Pcit” In Short) Dated 11.03.2019 Passed Under Section 263 Of The Income-Tax Act, 1961 (“The Act” In Short).

For Appellant: Shri H.V. Doshi, CAFor Respondent: Shri James Kurian, CIT-DR
Section 143(3)Section 244ASection 263Section 80PSection 80P(2)

…r alia submitted by the assessee that the decision of the Hon’ble Karnataka High Court in the case of Totgars Co-operative Sale Society (supra) was contrary to the view taken by the Hon’ble Gujarat High Court in the case of State Bank of India Vs. CIT, [2016] 72 Taxmann.com 64. It was also brought to the notice of the learned PCIT by the assessee that Ahmedabad Bench of the ITAT while deciding a similar issue involved in various cases had followed the decision of Hon’ble Gujarat High Court in the case of State Bank of India (supra) and not the decision of the Hon’ble Karnataka High Court in the case of Totgars Co…