Subramanian and Anr. v. Siemens India Ltd. and Anr.

Rehanabad Co-Oprative Housing Society Limited, Mumbai vs. Income Tax Officer, Ward 24(1)(1), Mumbai

In the result, appeal filed by the assessee is allowed

Bench: Shri S. Rifaur Rahman, Hon'Blerehanabad Co-Operative Housing V. Ito- Ward 24(1)(1) Society Limited Piramal Chambers 8, Rehanabad Housing Society Ltd, Dr. Ss Rao Marg, Lower Parel Spence Road, Byculla Mumbai- 400012 Mumbai- 400008 Pan: Aaaar4330D (Appellant) (Respondent)

…igh Court had concluded that a co-operative society would not be entitled to claim of deduction under Sec. 80P(2)(d). We however find that as held by the Hon'ble High Court of Bombay in the case of K. Subramanian and Anr. Vs. Siemens India Ltd. and Anr (1985) 156 ITR 11 (Bom), where there is a conflict between the decisions of non-jurisdictional High Court’s, then a view which is in favour of the assessee is to be preferred as against that taken against him. Thus, taking support from the aforesaid judicial pronouncement of the Hon’ble High Court of jurisdiction, we respectfully follow the view taken by the Hon'bl…

Vasant Valley Aster Tower Co-Op. Hsg. Soc. Ytd., Mumbai vs. ITO, Ward 30(2)(7), Mumbai

Accordingly, disallowance of INR 24,35,082/- made by the Assessing Officer and confirmed by CIT(A) is deleted and Ground No.1 raised by the Appellant is allowed

…ourt had concluded that a co-operative 7 society would not be entitled to claim of deduction under Section 80P(2)(d). We however find that as held by the Hon'ble High Court of Bombay in the case of K. Subramanian and Anr. Vs. Siemens India Ltd. and Anr (1985) 156 ITR 11 (Bom), where there is a conflict between the decisions of non-jurisdictional High Court‟s, then a view which is in favour of the assessee is to be preferred as against that taken against him. Thus, taking support from the aforesaid judicial pronouncement of the Hon‟ble High Court of jurisdiction, we respectfully follow the view taken by the Hon'bl…

Kalpataru Estate Building Building No.2 Co Op Hsg Soc Ltd., Mumbai vs. Add/Jt/Dy/ACIT, NFAC, Delhi

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

Bench: Shri B.R. Baskaran (Am) & Shri Rahul Chaudhary (Jm)

…igh Court had concluded that a co-operative society would not be entitled to claim of deduction under Sec. 80P(2)(d). We however find that as held by the Hon'ble High Court of Bombay in the case of K. Subramanian and Anr. Vs. Siemens India Ltd. and Anr (1985) 156 ITR 11 (Bom), where there is a 5 Kalpataru Estate Building No. 2 Cooperative Housing Society Ltd. conflict between the decisions of non-jurisdictional High Court’s, then a view which is in favour of the assessee is to be preferred as against that taken against him. Thus, taking support from the aforesaid judicial pronouncement of the Hon’ble High Court…

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

In the result the appeal filed by the appeal is allowed

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:

…ty on its investments held with a cooperative bank would be eligible for claim of deduction under Sec. 80P(2) (d) of the Act. We find that as held by the Hon'ble High Court of Bombay in the case of K. Subramanian and Anr. Vs. Siemens India Ltd. and Anr (1985) 156 ITR 11 (Bom), where there is a conflict between the decisions of nonjurisdictional High Court's, then a view which is in favour of the assessee is to be preferred as against that Rustomjee Regency 1 Co op Housing Society., Mumbai. taken against him. Accordingly, taking support from the aforesaid judicial pronouncement of the Hon'ble High Court of jurisdi…

Moreshwar Krupa Co Op Housing Society Ltd, Mumbai vs. ITO, 29(2)(2), Mumbai

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

Bench: Shri B.R. Baskaran (Am) & Shri Rahul Chaudhary (Jm)

…igh Court had concluded that a co-operative society would not be entitled to claim of deduction under Sec. 80P(2)(d). We however find that as held by the Hon'ble High Court of Bombay in the case of K. Subramanian and Anr. Vs. Siemens India Ltd. and Anr (1985) 156 ITR 11 (Bom), where there is a conflict between the decisions of non-jurisdictional High Court’s, then a view which is in favour of the assessee is to be preferred as against that 5 Moreshwar Krupa Co. of Housing Society Ltd. taken against him. Thus, taking support from the aforesaid judicial pronouncement of the Hon’ble High Court of jurisdiction, we r…

The Dohad Saifee Co-Operative Housing Society Ltd., Mumbai vs. DCIT/ACIT, CPC, Mumbai

In the result, appeal filed by the assessee is allowed

Bench: Shri S. Rifaur Rahman, Hon'Blethe Dohad Saifee Co-Operative V. Dcit/Acit, Cpc Bangalore Housing Society Limited Kautilya Bhavan Plot No. 10/6 Dohad Saifee Chs Mumbai- 400051 9Th N.S. Road, J.V.P.D. Scheme Vile Parle (W), Mumbai- 400049 Pan: Aabat1406F (Appellant) (Respondent)

…igh Court had concluded that a co-operative society would not be entitled to claim of deduction under Sec. 80P(2)(d). We however find that as held by the Hon'ble High Court of Bombay in the case of K. Subramanian and Anr. Vs. Siemens India Ltd. and Anr (1985) 156 ITR 11 (Bom), where there is a conflict between the decisions of non-jurisdictional High Court’s, then a view which is in favour of the assessee is to be preferred as against that taken against him. Thus, taking support from the aforesaid judicial pronouncement of the Hon’ble High Court of jurisdiction, we respectfully follow the view taken by the Hon'bl…

ITO Ward-3(4), Thane vs. Tarangan II Chsl, Mumbai

In the result, appeal filed by the revenue is dismissed

Bench: Shri S. Rifaur Rahman, Hon'Bleito Ward -3(4) V. Tarangan Ii Chsl Room No. 9, B-Wing, 6Th Floor Plot No. 31, Pokharan Rd No. 1 Cadbury Compound Ashar It Park, Wagle Industrial Estate Thane (W)- 400604 Thane- 400606 Pan: Aabat4695G (Appellant) (Respondent) Assessee Represented By : None Department Represented By : Shri S N Kabra

…igh Court had concluded that a co-operative society would not be entitled to claim of deduction under Sec. 80P(2)(d). We however find that as held by the Hon'ble High Court of Bombay in the case of K. Subramanian and Anr. Vs. Siemens India Ltd. and Anr (1985) 156 ITR 11 (Bom), where there is a conflict between the decisions of non-jurisdictional High Court’s, then a view which is in favour of the assessee is to be preferred as against that taken against him. Thus, taking support from the aforesaid judicial pronouncement of the Hon’ble High Court of jurisdiction, we respectfully follow the view taken by the Hon'bl…

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

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:

…ty on its investments held with a cooperative bank would be eligible for claim of deduction under Sec. 80P(2) (d) of the Act. We find that as held by the Hon'ble High Court of Bombay in the case of K. Subramanian and Anr. Vs. Siemens India Ltd. and Anr (1985) 156 ITR 11 (Bom), where there is a conflict between the decisions of nonjurisdictional High Court's, then a view which is in favour of the assessee is to be preferred as against that taken against him. Accordingly, taking support from the aforesaid judicial pronouncement of the Hon'ble High Court of jurisdiction, we respectfully follow the view taken by the…

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

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:

…ty on its investments held with a cooperative bank would be eligible for claim of deduction under Sec. 80P(2) (d) of the Act. We find that as held by the Hon'ble High Court of Bombay in the case of K. Subramanian and Anr. Vs. Siemens India Ltd. and Anr (1985) 156 ITR 11 (Bom), where there is a conflict between the decisions of nonjurisdictional High Court's, then a view which is in favour of the assessee is to be preferred as against that Beliram Industrial Estate Premises Co-Op Soc Ltd., Mumbai. taken against him. Accordingly, taking support from the aforesaid judicial pronouncement of the Hon'ble High Court of…

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

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

…iety on its investments held with a cooperative bank would be eligible for claim of deduction under Sec.80P(2)(d) of the Act. We find that as held by the Hon'ble High Court of Bombay in the case of K. Subramanian and Anr. Vs. Siemens India Ltd. and Anr (1985) 156 ITR 11 (Bom), where there is a conflict between the decisions of non- jurisdictional High Court‟s, then a view which is in favour of the assessee is to be preferred as against that taken against him. Accordingly, taking support from the aforesaid judicial pronouncement of the Hon‟ble High Court of jurisdiction, we respectfully follow the view taken by th…

Middle Income Co-Op Hsg. Ltd, Mumbai vs. Assessing Officer, National E-Assessment Centre, Delhi

In the result the appeal filed by the appeal is allowed

Bench: Shir Pavan Kumar Gadalemiddle Income Group Vs. Ito, Co.Op Hsg Soc. Ltd. Neac Centre, Behind Bldg.No. D-17, Delhi Gandhi Nagar,Bandra(E) Mumbai-400051 Pan/Gir No. : Aabm0722B Appellant .. Respondent Appellant By : Mr.Dharan Gandhi.Ar Respondent By : Ms.Jayashree Thakur.Dr Date Of Hearing 25.04.2023 Date Of Pronouncement 27.04.2023 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:

…iety on its investments held with a cooperative bank would be eligible for claim of deduction under Sec.80P(2)(d) of the Act. We find that as held by the Hon'ble High Court of Bombay in the case of K. Subramanian and Anr. Vs. Siemens India Ltd. and Anr (1985) 156 ITR 11 (Bom), where there is a conflict between the decisions of non- jurisdictional High Court‟s, then a view which is in favour of the assessee is to be preferred as against that taken against him. Accordingly, taking support from the aforesaid judicial pronouncement of the Hon‟ble High Court of jurisdiction, we respectfully follow the view taken by th…

The Motta Mahal Co.Op. Hsg Soc.Ltd, Mumbai vs. ITO, Ward 19(3)(1), Mumbai

In the result, the appeal of the assessee is allowed

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.56/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2020-21) The Motta Mahal Co. Op बिधम/ Ito Ward 19(3)(1) Hsg Soc. Ltd Matru Mandir, Vs. The Motta Mahal Co. Op Mambai- 400007 . Hsg Soc Ltd., Nirmala Mahal, Bomanji Petit Road, Mumbai- 400036 . स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaaat0316R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri. Nilesh Gaikwad Revenue By: Smt. Anil Gupta सुनवाई की तारीख / Date Of Hearing: 01/03/2023 घोषणा की तारीख /Date Of Pronouncement: 31/03/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Appellant/Assessee Motta Mahal Co-Operative Housing Society Ltd. Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 30.11.2022 For The Assessment Year 2020-21. 2. Assessee Is A Co-Operative Housing Society, Registered Under The Maharashtra Co-Op Society Act 1960. The Grounds Of Appeal Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Action Of Ao/Cpc Not Allowing The Claim Of The Assessee On The Interest Income U/S 80P(2)(D) Of The Income Tax Act, 1961 (Hereinafter “The Act”) Which It Had Received From Maharashtra State Cooperative Bank To The Tune Of Rs. 99,807/-.

…laim of deduction under Sec.80P(2)(d) of the Act. Backed by the aforesaid conflicting judicial pronouncements, we may herein observe, that as held by the Hon'ble High Court of Bombay in the case of K. Subramanian and Anr. Vs. Siemens India Ltd. and Anr (1985) 156 ITR 11 (Bom), where there is a conflict between the decisions of non-jurisdictional High Court‟s, then a view which is in favour of the assessee is to be preferred as against that taken against him. Accordingly, taking support from the aforesaid judicial pronouncement of the Hon‟ble High Court of jurisdiction, we respectfully follow the view taken by the…

State Bank of India Employees Devangini Cooperative Housing Society Ltd., Mumbai vs. ADIT, CPC, (Jao Ward Mum-W-212-4), Mumbai

In the result, the appeal of the assessee is allowed

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.3059/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2020-21) State Bank Of India बिधम/ Adit, Cpc (Jao Ward, Employees Devangini Co- Mum-W-212-4) Vs. Operative Housing Soc. Ltd. Mumbai-400020. Plot No. 4, Irani Wadi, Shahaji Raje Marg, Vile Parle (E), Mumbai-400057. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaoas5438D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri P. G. Deshprabhu (Secretary) Revenue By: Shri Anil Gupta सुनवाई की तारीख / Date Of Hearing: 02/03/2023 घोषणा की तारीख /Date Of Pronouncement: 31/03/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Appellant/Assessee State Bank Of India Employees Devangini Co-Operative Housing Society Ltd. Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 04.10.2022 For The Assessment Year 2020-21. 2. Assessee Is A Co-Operative Housing Society, Registered Under The Maharashtra Co-Op Society Act 1960. The Grounds Of Appeal Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Action Of Ao/Cpc Not Allowing The Claim Of The Assessee On The Interest Income U/S 80P(2)(D) Of The Income Tax Act, 1961 (Hereinafter “The Act”) Which It Had Received From Maharashtra State Co-Operative Bank Ltd To The Tune Of Rs.1,89,143/-.

…laim of deduction under Sec.80P(2)(d) of the Act. Backed by the aforesaid conflicting judicial pronouncements, we may herein observe, that as held by the Hon'ble High Court of Bombay in the case of K. Subramanian and Anr. Vs. Siemens India Ltd. and Anr (1985) 156 ITR 11 (Bom), where there is a conflict between the decisions of non-jurisdictional High Court‟s, then a view which is in favour of the assessee is to be preferred as against that taken against him. Accordingly, taking support from the aforesaid judicial pronouncement of the Hon‟ble High Court of jurisdiction, we respectfully follow the view taken by the…

Sagar Premises Co-Operative Socitey Limited, Mumbai vs. Deputy Commissioner of Income Tax, CPC Bengaluru Income Tax Officer -17(3)(1), Mumbai

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

Bench: Shir Kuldip Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blesagar Premises Co-Operative Society Ltd., V. Income Tax Officer – 17(3)(1) 327, Sagar Premises, Narshi Natha Street Kautilya Bhavan Kharek Bazar, Masjid (W), Mumbai - 400009 Bandra Kurla Complex Bandra(E), Mumbai - 400051 Pan: Aamas0482M (Appellant) (Respondent)

…igh Court had concluded that a co-operative society would not be entitled to claim of deduction under Sec. 80P(2)(d). We however find that as held by the Hon'ble High Court of Bombay in the case of K. Subramanian and Anr. Vs. Siemens India Ltd. and Anr (1985) 156 ITR 11 (Bom), where there is a conflict between the decisions of non-jurisdictional High Court’s, then a view which is in favour of the assessee is to be preferred as against that taken against him. Thus, taking support from the aforesaid judicial pronouncement of the Hon’ble High Court of jurisdiction, we respectfully follow the view taken by the Hon'bl…