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

156 ITR 11High Court1985#117 most cited

What is Subramanian and Anr. v. Siemens India Ltd. and Anr. authority for?

When there is a conflict between the decisions of non-jurisdictional High Courts, the view that favors the assessee should be preferred.

541

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2015 to 2026.

Also referred to as

Subramanian v. Siemens India Ltd. · 156 ITR 11 · conflict of High Court decisions · non-jurisdictional High Courts · assessee-favorable interpretation · tax law principle · Section 80P(2)(d) · co-operative society · judicial precedent application

Also reported as

36 CTR 197

Sections most often in play

Section 80P(2)(d)Section 143(3)Section 80P(4)Section 80P(2)(a)(i)Section 263Section 143(1)Section 250Section 2(19)

Issues it is cited on

section 80(2)(d)section 57(i)section 80(p)(2)(a)section 2(19)tax collected at sourcesection 286section 200a(1)(c)section 80p(4)section 161section 80p(2)(c)section 80(p)(2)(d)section 200a(1)

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

Ishwar Bhavan Co-Operative Housing Society Ltd, Mumbai vs. Commissioner of Income Tax, NFAC, Delhi, Mumbai

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

ITA 3285/MUM/2022[2020-2021]Status: DisposedITAT Mumbai24 Feb 2023AY 2020-2021
Section 143(1)Section 80PSection 80P(2)(d)

…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 M/s. Ishwar…

Ishwar Bhavan Co-Operative Housing Society Ltd, Mumbai vs. CIT(A)-NFAC, Delhi, Mumbai

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

ITA 3269/MUM/2022[2021-22]Status: DisposedITAT Mumbai24 Feb 2023AY 2021-22
Section 143(1)Section 80PSection 80P(2)(d)

…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 M/s. Ishwar…

Jansevak Co-Op Credit Society Ltd, Mumbai vs. Income Tax Officer, Ward 27(1)(5), Mumbai

ITA 3230/MUM/2022[2018-19]Status: DisposedITAT Mumbai23 Feb 2023AY 2018-19

Bench: Shri Prashant Maharishi () & Shri Kuldip Singh ()

Section 143(1)Section 250Section 80PSection 80P(2)(a)Section 80P(2)(d)

…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 the…

Jansevak Co-Op Credit Society Ltd, Mumbai vs. Income Tax Officer, Ward 27(1)(5), Navi Mumbai

ITA 3229/MUM/2022[2013-14]Status: DisposedITAT Mumbai23 Feb 2023AY 2013-14

Bench: Shri Prashant Maharishi () & Shri Kuldip Singh ()

Section 143(1)Section 250Section 80PSection 80P(2)(a)Section 80P(2)(d)

…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 the…

Golden Gulshan Co-Operative Housing Society Limited, Mumbai vs. Assistant Director of Income Tax, CPC, Mumbai

ITA 3116/MUM/2022[2020-2021]Status: DisposedITAT Mumbai23 Feb 2023AY 2020-2021

Bench: Shri Baskaran Br & Shri Kuldip Singhassessment Year: 2020-21 M/S. Golden Gulshan Co- Assistant Director Of Operative Housing Society Income Tax, Cpc Ltd., Mumbai Plot No.419, Gulshan, Vs. Junction Of Cd Marg & Anisha Marg, Khar (West), Mumbai – 400 052 Pan: Aaaag0989P (Appellant) (Respondent)

For Appellant: Shri Rajesh Shah, A.RFor Respondent: Shri A.N. Bhalekar, D.R
Section 143(1)Section 234BSection 234CSection 80PSection 80P(2)(a)Section 80P(2)(d)

…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 8 M/s. Golden Gulshan Co-operative Housing Society Ltd. taken against him. Accordingly, taking support from the aforesaid judicial pronouncement of the Hon‟ble High Court of j…

Ganga Heritage Co Op Hsg Society Limited, Mumbai vs. CIT(A), NFAC, Delhi

ITA 3057/MUM/2022[2014-15]Status: DisposedITAT Mumbai23 Feb 2023AY 2014-15

Bench: Shri Baskaran Br & Shri Kuldip Singh

For Appellant: Shri Rahul Parekh, on behalf of Shri M. Subramaniam, A.RFor Respondent: Shri A.N. Bhalekar, D.R
Section 143(1)Section 154Section 80PSection 80P(2)(d)

…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 the…

Danda Co-Op Credit Society Ltd, Mumbai vs. Income Tax Officer Ward 22(1)(2), Mumbai

ITA 2980/MUM/2022[2017-18]Status: DisposedITAT Mumbai21 Feb 2023AY 2017-18

Bench: Shri Kuldip Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

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

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “SMC”, MUMBAI BEFORE SHRI KULDIP SINGH, HON'BLE JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER ITA.NO.2980/MUM/2022 (A.Y: 2017-18) Danda Co-op Credit Society Ltd. v. Income Tax Officer – 22(1)(2) Room No. 313, 3rd Floor 239, Valmiki, Khar Danda Piramal Chambers Khar (W), Mumbai – 400052 Lalbaug, Mumbai – 400012 PAN: AAAAD3039M (Appellant) (Respondent) Assessee Represented by : Shri Ravindra Naik Department Represented by : Shri Sourabh Kumar Rai Date of Hearing : 10.01.2023 Date of Pronouncement : 21.02.2023 O R D E R PER S. RIFAUR RAHMAN…

Subhash Chand Dhingra, Gurgaon vs. ACIT Central Circle-3(1), Gurgaon

The appeals are dismissed

ITA 1063/DEL/2022[2017-18]Status: DisposedITAT Delhi07 Feb 2023AY 2017-18

Bench: Shri Shamim Yahya & Shri Anubhav Sharmasubhash Chand Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Central Circle-3(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aarpd8652J Satish Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-4(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aanpd1971A Ashok Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Abupd6730B Giriraj Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Achpd9434E

For Appellant: Smt. Kavita Jha, AdvFor Respondent: Sh. P. Praveen Sidharth, CIT DR
Section 10(37)Section 139(4)Section 139(5)Section 143Section 143(3)Section 145ASection 263Section 56(2)(viii)Section 57

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “A”: NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER Subhash Chand Dhingra, Vs. ACIT, House No. 1/43, Shivaji Nagar, Central Circle-3(1), Gurgaon Gurgaon (Appellant) (Respondent) PAN: AARPD8652J Satish Kumar Dhingra, Vs. ACIT, House No. 1/43, Shivaji Nagar, Circle-4(1), Gurgaon Gurgaon (Appellant) (Respondent) PAN: AANPD1971A Ashok Kumar Dhingra, Vs. ACIT, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) PAN: ABUPD6730B Giriraj Dhingra, Vs. ACIT, House No. 1/43, Shivaji Nagar, Circle-1(1),…

Ashok Kumar Dhingra, Gurgaon vs. ACIT Circle-1(1), Gurgaon

The appeals are dismissed

ITA 1061/DEL/2022[2017-18]Status: DisposedITAT Delhi07 Feb 2023AY 2017-18

Bench: Shri Shamim Yahya & Shri Anubhav Sharmasubhash Chand Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Central Circle-3(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aarpd8652J Satish Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-4(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aanpd1971A Ashok Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Abupd6730B Giriraj Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Achpd9434E

For Appellant: Smt. Kavita Jha, AdvFor Respondent: Sh. P. Praveen Sidharth, CIT DR
Section 10(37)Section 139(4)Section 139(5)Section 143Section 143(3)Section 145ASection 263Section 56(2)(viii)Section 57

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “A”: NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER Subhash Chand Dhingra, Vs. ACIT, House No. 1/43, Shivaji Nagar, Central Circle-3(1), Gurgaon Gurgaon (Appellant) (Respondent) PAN: AARPD8652J Satish Kumar Dhingra, Vs. ACIT, House No. 1/43, Shivaji Nagar, Circle-4(1), Gurgaon Gurgaon (Appellant) (Respondent) PAN: AANPD1971A Ashok Kumar Dhingra, Vs. ACIT, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) PAN: ABUPD6730B Giriraj Dhingra, Vs. ACIT, House No. 1/43, Shivaji Nagar, Circle-1(1),…

Satish Kumar Dhingra, Haryana vs. ACIT Circle-4(1), Gurgaon

The appeals are dismissed

ITA 1060/DEL/2022[2017-18]Status: DisposedITAT Delhi07 Feb 2023AY 2017-18

Bench: Shri Shamim Yahya & Shri Anubhav Sharmasubhash Chand Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Central Circle-3(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aarpd8652J Satish Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-4(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aanpd1971A Ashok Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Abupd6730B Giriraj Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Achpd9434E

For Appellant: Smt. Kavita Jha, AdvFor Respondent: Sh. P. Praveen Sidharth, CIT DR
Section 10(37)Section 139(4)Section 139(5)Section 143Section 143(3)Section 145ASection 263Section 56(2)(viii)Section 57

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “A”: NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER Subhash Chand Dhingra, Vs. ACIT, House No. 1/43, Shivaji Nagar, Central Circle-3(1), Gurgaon Gurgaon (Appellant) (Respondent) PAN: AARPD8652J Satish Kumar Dhingra, Vs. ACIT, House No. 1/43, Shivaji Nagar, Circle-4(1), Gurgaon Gurgaon (Appellant) (Respondent) PAN: AANPD1971A Ashok Kumar Dhingra, Vs. ACIT, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) PAN: ABUPD6730B Giriraj Dhingra, Vs. ACIT, House No. 1/43, Shivaji Nagar, Circle-1(1),…

Sahyadri Nagri Sahakari Patpedhi Limited, Mumbai vs. Pr CIT-1, Thane, Mumbai

In the result, appeal filed by the assessee is allowed

ITA 726/MUM/2022[2017-18]Status: DisposedITAT Mumbai31 Jan 2023AY 2017-18

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Blesahyadri Nagari Sahakari V. Pr.Cit -1, Thane Patpedhi Limited Ashar I.T. Park, A-Wing Haridhara Shopping Complex 6Th Floor, Ambika Nagar, Thane (W) Maharashtra - 400604 Off No-131, Railway Station Road Anjurphata, Bhiwandi Thane-421302 Pan: Aaets9151J (Appellant) (Respondent) Assessee Represented By : Shri Rajendra V. Kadrekar Department Represented By : Shri Salil Mishra

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

…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.Abhinav Co-Operative Housing Society, Mumbai vs. Assessing Officer, CPC, Mumbai

ITA 2564/MUM/2022[2016-17]Status: DisposedITAT Mumbai23 Jan 2023AY 2016-17
For Appellant: Shri Hiten DedhiaFor Respondent: Shri Manoj Kumar Sinha
Section 143(1)Section 80PSection 80P(2)(c)Section 80P(2)(d)

…Court had concluded that a co-operative 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…

Vaibhavnagar Co-Op Credit Soc Limited, Mumbai vs. Income Tax Officer, 27(3)(5), Mumbai

ITA 2695/MUM/2022[2015-16]Status: DisposedITAT Mumbai20 Jan 2023AY 2015-16

Bench: Shri Kuldip Singh & Shri Gagan Goyalassessment Year: 2015-16

For Appellant: Shri Ramesh Iyer, A.RFor Respondent: Mrs. Vranda U Matkari, D.R
Section 143(1)Section 80PSection 80P(2)(a)Section 80P(2)(c)Section 80P(2)(d)

…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 the…

Court Chambers Premises Co-Op Society Limited, Mumbai vs. Dy.Commissioner of Income Tax, CPC, Mumbai

ITA 2940/MUM/2022[2020-2021]Status: DisposedITAT Mumbai19 Jan 2023AY 2020-2021

Bench: Shri Kuldip Singh & Shri S. Rifaur Rahmanassessment Year: 2020-21

For Appellant: Shri Jitendra Singh, A.RFor Respondent: Shri Saurabh Kumar Rai, D.R
Section 143(1)Section 80PSection 80P(2)(a)Section 80P(2)(d)

…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 the…

Haffkine Co-Op Credit Soc Ltd, Mumbai vs. ITO-20(1)(5), Mumbai

ITA 2879/MUM/2022[2014-2015]Status: DisposedITAT Mumbai17 Jan 2023AY 2014-2015

Bench: Shri Kuldip Singh & S Rifaur Rahmanassessment Year: 2010-11 & Assessment Year: 2014-15

For Appellant: Shri. Mandar VaidyaFor Respondent: Shri. Ashish Kumar Dehria
Section 40Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 80P(4)

…SOC LTD. 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…

Haffkine Co-Op Credit Soc Ltd, Mumbai vs. ITO-20(1)(5), Mumbai

ITA 2878/MUM/2022[2010-2011]Status: DisposedITAT Mumbai17 Jan 2023AY 2010-2011

Bench: Shri Kuldip Singh & S Rifaur Rahmanassessment Year: 2010-11 & Assessment Year: 2014-15

For Appellant: Shri. Mandar VaidyaFor Respondent: Shri. Ashish Kumar Dehria
Section 40Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 80P(4)

…SOC LTD. 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…

Amore Commercial Premises Co-Op Soc. Ltd, Mumbai vs. Central Processing Centre, Mumbai

ITA 2874/MUM/2022[2020-21]Status: DisposedITAT Mumbai17 Jan 2023AY 2020-21

Bench: Shri Kuldip Singh & S Rifaur Rahmanassessment Year: 2020-21 & Assessment Year: 2020-21 Amore Commercial Central Processing Centre, Premises Co-Op Society Bangalore, Karnataka- Ltd. 560500 701, 7Th Floor, Junction Of Vs. 2Nd & 4Th Road, Khar West Mumbai Maharashtra-400052 Pan- Aabaa0724F (Appellant) (Respondent) Present For: Assessee By : Shri. Sashi Bekal Revenue By : Shri. Ashish Kumar Deharia Date Of Hearing : 03 . 01 . 2023 Date Of Pronouncement :17 . 01 . 2023 O R D E R Per : Kuldip Singh:

For Appellant: Shri. Sashi BekalFor Respondent: Shri. Ashish Kumar Deharia
Section 143(1)Section 80PSection 80P(2)(d)Section 8O

…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 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…

Amore Commercial Premises Co-Op Soc. Ltd, Mumbai vs. Central Processing Centre, Bengaluru

ITA 2873/MUM/2022[2020-2021]Status: DisposedITAT Mumbai17 Jan 2023AY 2020-2021

Bench: Shri Kuldip Singh & S Rifaur Rahmanassessment Year: 2020-21 & Assessment Year: 2020-21 Amore Commercial Central Processing Centre, Premises Co-Op Society Bangalore, Karnataka- Ltd. 560500 701, 7Th Floor, Junction Of Vs. 2Nd & 4Th Road, Khar West Mumbai Maharashtra-400052 Pan- Aabaa0724F (Appellant) (Respondent) Present For: Assessee By : Shri. Sashi Bekal Revenue By : Shri. Ashish Kumar Deharia Date Of Hearing : 03 . 01 . 2023 Date Of Pronouncement :17 . 01 . 2023 O R D E R Per : Kuldip Singh:

For Appellant: Shri. Sashi BekalFor Respondent: Shri. Ashish Kumar Deharia
Section 143(1)Section 80PSection 80P(2)(d)Section 8O

…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 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…

Sindhudurg Nagri Sahakari Pathpedhi Ltd, Mumbai vs. ACIT, Circle-2, Kalyan, Mumbai

ITA 2834/MUM/2022[2017-2018]Status: DisposedITAT Mumbai17 Jan 2023AY 2017-2018

Bench: Shri Kuldip Singhs Rifaur Rahmanassessment Year: 2017-18 Sindhudurg Nagri Sahakari Acit Circle-2, Kalyan. 2Nd Pathpedhi Ltd. Mumbai, Acit Circle-2, “A” Wing, First Floor, Floor, Mohan Plaza, Shivneri Co-Op Soc. Wayale Nagar, Khadak Vs. Vardhaman Nagar, Shivaji Pada, Kalyan(W,) Mumbai Nagar Road, Ambernath, Maharashtra 521301 Kalyan. Maharashtra 421501 Pan Aaaas0887Q (Appellant) (Respondent) Present For: Assessee By : Shri. Subodh Ratnaparkhi Revenue By : Shri. Ashish Kumar Deharia Date Of Hearing : 02 . 01 . 2023 Date Of Pronouncement : 17 . 01 . 2023 O R D E R Per : Kuldip Singh: 1. Appellant, Sindhudurg Nagri Sahakari Pathpedhi Ltd.(„Here In After, Referred To As The Assessee‟) By Filing Aforesaid Appeal Sought To Set Aside The Impugned Order Dated 28.09.2022 Passed By National Faceless Appeal Centre(Nfac), For Short The Ld.Cit(A) On The Grounds Alia That:-

For Appellant: Shri. Subodh RatnaparkhiFor Respondent: Shri. Ashish Kumar Deharia
Section 143(3)Section 80PSection 80P(2)(d)Section 80P(4)

…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 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…

Regency Premises Co-Op Society Limited, Mumbai vs. Ward 23(1)(1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 2547/MUM/2022[2020-21]Status: DisposedITAT Mumbai17 Jan 2023AY 2020-21

Bench: Shri Aby T. Varkey, Jm & Shri M. Balaganesh, Am आयकर अपील सं/ I.T.A. No.2547/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2020-21) Regency Premises Co-Op बिधम/ Dcit/Acit, Cpc Hsg. Society Ltd. Kautilya Bhavan, Vs. Regency Chambers Near Mumbai-400051. Nandi Cinema National Library Road Bandra West, Mumbai-400050. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabar7613N (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Bhupendra Shah Revenue By: Shri Vaibhav Jain सुनवाई की तारीख / Date Of Hearing: 13/12/2022 घोषणा की तारीख /Date Of Pronouncement: 17/01/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Co-Operative Housing Society Ltd. Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 26.08.2022 For Assessment Year 2020-21 Wherein The Assessee Has Challenged The Action Of The Ld. Cit(A) Confirming The Ao’S Decision In Not Granting Deduction U/S 80P(2)(D) Of The Income Tax Act, 1961 (Hereinafter “The Act”) Of An Amount Of Rs.3,34,570/- Which The Assessee Has Earned As Interest On Fixed Deposit In A Co-Operative Bank.

For Appellant: Shri Bhupendra ShahFor Respondent: Shri Vaibhav Jain
Section 143(1)Section 80P(2)(d)

…ed by the aforesaid conflicting judicial pronouncements, we may herein observe, that as held by the Hon'ble High Court of 7 A.Y. 2020-21 Regency Premises Co.op Housing Society 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…