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 367,154 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.

DCIT, Circle - 11(1), Kolkata vs. M/S. Graphite India Ltd., Kolkata

In the result, considering the discussions made above, the appeal filed by the Revenue is partly allowed and the cross objection filed by the assessee are dismissed

ITA 473/KOL/2018[2007-08]Status: DisposedITAT Kolkata13 Sept 2024AY 2007-08

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

Section 143(3)Section 144C(3)Section 62Section 801ASection 80I

…a conflict between different High Courts, the view which is favourable to the assessee needs to be adopted. Reliance in this regard has been placed on the decision of Bombay High Court in the case of K. Subramanian & ANR. Vs. Siemen's India Ltd. & ANR. (1985) 156 ITR 11 (BOM): (1983) 36 CTR (BOM) 197: (1983) 15 Taxman 594 [Annexure - 18 of CLPB (Refer page 164 of CLPB; Para No. 2)]. Further, in Redington, Madras High Court placed reliance on the decision of Prolifics Corporation Limited [TS-497-ITAT-2014 (HYD)-TP] to uphold that there may not be immediate charge on P & L account, but inherent risk cannot be ruled…

Maharaja Multi State Co Op. Credit Society Ltd, Satara vs. ITO, Ward 3, Satara

Appeal is allowed in above terms

ITA 942/PUN/2024[2020-21]Status: DisposedITAT Pune28 Aug 2024AY 2020-21

Bench: Shri Rama Kanta Panda & Shri Satbeer Singh Godara

For Appellant: Shri Kishor B. PhadkeFor Respondent: Shri Ramnath P Murkunde
Section 143(3)Section 56Section 80P(2)Section 80P(2)(a)

…aim 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- 18 ITA.No.942/PUN./2024 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 respectfull…

Mit Niketan A Chs Ltd, Mumbai vs. Assistant Director Income Tax, Mumbai

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

ITA 2937/MUM/2024[2021-22]Status: DisposedITAT Mumbai20 Aug 2024AY 2021-22

Bench: Ms Padmavathy S, Am & Shri Sandeep Singh Karhail, Jm

For Appellant: Shri Siddharth Parakh, ARFor Respondent: Shri Sridhar G. Menon, Sr. DR
Section 143(1)Section 80PSection 80P(2)(d)

…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…

Income Tax Officer, Income Tax Office Pandharpur vs. Dhanshree Mahila Gramin Bigarsheti Sahakari Pat Sanstha Ltd, Mangalwedha

Appeal is dismissed in above terms

ITA 853/PUN/2024[2020-21]Status: DisposedITAT Pune31 Jul 2024AY 2020-21

Bench: Shri Satbeer Singh Godara & Shri Inturi Rama Rao

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri Keyur Patel
Section 250Section 80P(2)(a)Section 80P(2)(d)

…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…

Sangram Nagari Sahakari Pathsanstha Maryadit, Ahmednagar vs. Income Tax Officer Ward 2, Ahmednagar

Appeal is allowed in above terms

ITA 261/PUN/2024[2020-21]Status: DisposedITAT Pune31 Jul 2024AY 2020-21

Bench: Shri Rama Kanta Panda & Shri Satbeer Singh Godara

For Appellant: Shri Pramod ShingteFor Respondent: Shri Sourabh Nayak
Section 143(3)Section 250Section 80PSection 80P(2)(a)Section 80P(2)(d)

…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…

Income Tax Officer, Ward-1, Ichalkaranji vs. Appasaheb Naik (Dada) Shri Paisa Fund Shetaki Sah. Bank Ltd., Hupari

Appeal is dismissed

ITA 586/PUN/2024[2020-21]Status: DisposedITAT Pune29 Jul 2024AY 2020-21

Bench: Shri Satbeer Singh Godara & Shri Inturi Rama Rao

For Appellant: Shri Pramod S ShingteFor Respondent: Shri Sandeep P. Sathe
Section 143(3)Section 56Section 80PSection 80P(2)Section 80P(2)(d)

…IN THE INCOME TAX APPELLATE TRIBUNAL PUNE “A” BENCH : PUNE BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER I.T.A.No.586/PUN./2024 [E-APPEAL] Assessment Year 2020-2021 The Income Tax Officer, Appasaheb Naik (Dada) Shri Income Tax Quarters, Paisa Fund Shetaki Sah. Block No.2, Flat No.1, Bank Ltd., Block No.15, Vrundavan Colony, Asara vs. Paisa Fund, A/P HUPARI. Nagar, ICHALKARANJI, PIN – 416 203. Ta.-Hatkanangale, Maharashtra. Kolhapur. PIN – 416 115 PAN AAAAS5306E Maharashtra. (Appellant) (Respondent) For Revenue : Shri Sandeep P. Sathe For Assessee : Shri Pramod S S…

Mp State Cooperative Dairy Federation Limited, Bhopal vs. ACIT Bhopal, Bhopal

In the result, the appeal for A

ITA 115/IND/2024[2020-21]Status: DisposedITAT Indore26 Jul 2024AY 2020-21

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 80P(2)Section 80P(2)(d)

…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…

Mp State Co-Operative Dairy Federation Limited, Bhopal vs. ACIT, Bhopal

In the result, the appeal for A

ITA 114/IND/2024[2018-19]Status: DisposedITAT Indore26 Jul 2024AY 2018-19

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 80P(2)Section 80P(2)(d)

…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…

Nityanand Baug Co Operative Society Limited, Mumbai vs. Principal Commissioner of Income Tax, Mumbai

In the result, appeal is allowed in the above terms

ITA 2209/MUM/2024[2018-19]Status: DisposedITAT Mumbai19 Jul 2024AY 2018-19

Bench: Shri. Br Baskaran & Shri. Raj Kumar Chauhannityanand Baug Co-Operative Vs. Principal Commissioner Of Society Limited Income Tax Plot No. 80/83, Nity Anand Baug, R. Tower No. 6, Vashi Railway C. Marg, Chembur, Mumbai – 400 Station, Commercial Complex, 074. Vashi Navi Mumbai – 400 Pan: Aaaan6410C 703. (Appellant) (Respondent)

Section 142(1)Section 143(2)Section 263Section 80PSection 80P(2)(d)

…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. v. Siemens India Ltd. and Anr [1983] 36 CTR 197/[1985] 156 ITR 11/[1983] 15 Taxman 594 (Bombay), 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 Nityanand Baug Co-operative Housing Society Ltd; A.Y. 2018-1…

Silver Sand Coop Housing Soc Ltd, Goregaon (West) vs. ACIT (CPC), Bengalore

In the result, captioned appeals of the assessee are allowed

ITA 1598/MUM/2024[2013-14]Status: HeardITAT Mumbai11 Jul 2024AY 2013-14

Bench: Shri Narendra Kumar Billaiya, Hon’Ble & Shri Rahul Chaudhary, Hon’Ble

For Appellant: Shri Ravindra Poojari, A/RFor Respondent: Shri R.R. Makwana, Sr. D/R
Section 80PSection 80P(2)(d)

…| आयकर अपीलीय अिधकरण "ायपीठ, मुंबई | IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI NARENDRA KUMAR BILLAIYA, HON’BLE ACCOUNTANT MEMBER & SHRI RAHUL CHAUDHARY, HON’BLE JUDICIAL MEMBER I.T.A. No. 1598, 1597 & 1596/Mum/2024 Assessment Year: 2013-14, 2014-15 & 2015-16 M/s. Silver Sand Coop Housing ACIT (CPC), Bangalore Soc Ltd. Vs Building No. 12 Silver Sands CHS Ltd. S.V. Road, Piramal Nagar Goregaon (West) Mumbai -400062 [PAN: AADAS5600G] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee by : Shri Ravindra Poojari, A/R Revenue by : Shri R.R. Makwana, Sr. D/R सुनवाई की तारीख/Date of Hearing…

Silver Sand Coop Housing Soc Ltd, Goregaon (West) vs. ACIT (CPC) Bengalore, Bengalore

In the result, captioned appeals of the assessee are allowed

ITA 1597/MUM/2024[2014-15]Status: HeardITAT Mumbai11 Jul 2024AY 2014-15

Bench: Shri Narendra Kumar Billaiya, Hon’Ble & Shri Rahul Chaudhary, Hon’Ble

For Appellant: Shri Ravindra Poojari, A/RFor Respondent: Shri R.R. Makwana, Sr. D/R
Section 80PSection 80P(2)(d)

…| आयकर अपीलीय अिधकरण "ायपीठ, मुंबई | IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI NARENDRA KUMAR BILLAIYA, HON’BLE ACCOUNTANT MEMBER & SHRI RAHUL CHAUDHARY, HON’BLE JUDICIAL MEMBER I.T.A. No. 1598, 1597 & 1596/Mum/2024 Assessment Year: 2013-14, 2014-15 & 2015-16 M/s. Silver Sand Coop Housing ACIT (CPC), Bangalore Soc Ltd. Vs Building No. 12 Silver Sands CHS Ltd. S.V. Road, Piramal Nagar Goregaon (West) Mumbai -400062 [PAN: AADAS5600G] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee by : Shri Ravindra Poojari, A/R Revenue by : Shri R.R. Makwana, Sr. D/R सुनवाई की तारीख/Date of Hearing…

Silver Sand Coop Housing Soc Ltd, Goregaon (West) vs. ACIT ( CPC) Bengalore, Bengalore

In the result, captioned appeals of the assessee are allowed

ITA 1596/MUM/2024[2015-16]Status: HeardITAT Mumbai11 Jul 2024AY 2015-16

Bench: Shri Narendra Kumar Billaiya, Hon’Ble & Shri Rahul Chaudhary, Hon’Ble

For Appellant: Shri Ravindra Poojari, A/RFor Respondent: Shri R.R. Makwana, Sr. D/R
Section 80PSection 80P(2)(d)

…| आयकर अपीलीय अिधकरण "ायपीठ, मुंबई | IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI NARENDRA KUMAR BILLAIYA, HON’BLE ACCOUNTANT MEMBER & SHRI RAHUL CHAUDHARY, HON’BLE JUDICIAL MEMBER I.T.A. No. 1598, 1597 & 1596/Mum/2024 Assessment Year: 2013-14, 2014-15 & 2015-16 M/s. Silver Sand Coop Housing ACIT (CPC), Bangalore Soc Ltd. Vs Building No. 12 Silver Sands CHS Ltd. S.V. Road, Piramal Nagar Goregaon (West) Mumbai -400062 [PAN: AADAS5600G] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee by : Shri Ravindra Poojari, A/R Revenue by : Shri R.R. Makwana, Sr. D/R सुनवाई की तारीख/Date of Hearing…

Aided Primary Teachers Co-Operative Society Ltd, Kottayam vs. The Itoward-1, Kottayam

In the result, appeal of the assessee is allowed

ITA 244/COCH/2023[2018-19]Status: DisposedITAT Cochin04 Jul 2024AY 2018-19

Bench: Shri Chandra Poojari & Shri Soundararajan K.Assessment Year: 2018-19

For Appellant: Sri Josekutty Jacob, A.RFor Respondent: Sri Ilaiyaraja K.S, Sr. D.R
Section 2(19)Section 80PSection 80P(2)(a)Section 80P(2)(d)

…m 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 v. Siemens India Ltd. [1983] 15 Taxman 594/[1985] 156 ITR 11, where there is a conflict between the decisions of Aided Primary Teachers Co-operative Society Ltd., Kottayam, Kerala Page 4 of 4 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…

Jiwan Satya Co-Operative Housing Society Ltd., Mumbai vs. Assistant Director of Income Tax, Central Processing Centre, Bangalore, Mumbai

In the result, the captioned appeals are allowed

ITA 1382/MUM/2024[2020-2021]Status: DisposedITAT Mumbai02 Jul 2024AY 2020-2021

Bench: Shri Narendra Kumar Billaiya, Hon’Ble & Shri Rahul Chaudhary, Hon’Ble

For Appellant: Ms. Neelam C. Jadhav, A/RFor Respondent: Shri Himanshu Sharma, CIT, D/R
Section 143(3)Section 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, I.T.A. No. 1382 & 1381/Mum/2024; Assessment Year: 2021-22 & 2020-21 Jiwan Satya Co-operative Housing Society Ltd. 8 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…

Jiwan Satya Co-Operative Housing Society Ltd., Mumbai vs. Assistant Director of Income Tax, Central Processing Centre, Bangalore, Mumbai

In the result, the captioned appeals are allowed

ITA 1381/MUM/2024[2021-2022]Status: DisposedITAT Mumbai02 Jul 2024AY 2021-2022

Bench: Shri Narendra Kumar Billaiya, Hon’Ble & Shri Rahul Chaudhary, Hon’Ble

For Appellant: Ms. Neelam C. Jadhav, A/RFor Respondent: Shri Himanshu Sharma, CIT, D/R
Section 143(3)Section 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, I.T.A. No. 1382 & 1381/Mum/2024; Assessment Year: 2021-22 & 2020-21 Jiwan Satya Co-operative Housing Society Ltd. 8 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…

Veer Jijamata Co Op Credit Society Limited, Mumbai vs. Commisioner of Income Tax(Appeals), Mumbai

In the result, the appeal of the assessee is allowed

ITA 4216/MUM/2023[AY 20-21]Status: DisposedITAT Mumbai28 Jun 2024

Bench: Shri Narender Kumar Choudhry & Smt. Renu Jauhriveer Jijamata Co Op. Credit Vs. Cit(A) Ward 20(3)(1), Society Ltd. Piramal Chamber, 1/10 Ameher Market Bldg., Mumbai-4000012 B A Ambedkar Road, V. J. B. Udyan S. O., Mumbai-400027 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaaav5873D Appellant .. Respondent

For Appellant: Mr. Vanesh Kr. NadarFor Respondent: Shri Himanshu Kumar
Section 143(1)Section 250Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(2)(d)

…Court had concluded that a cooperative 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 v. Siemens India Ltd. [1983] 15 Taxman 594/[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'b…

Usha Janakalyan Nagar Chs Ltd, Mumbai vs. The Income Tax Officer-30 (1) (1), Mumbai

In the result, all the four appeals filed by the assessee which are under consideration are allowed on the same terms

ITA 4763/MUM/2023[2014-15]Status: DisposedITAT Mumbai26 Jun 2024AY 2014-15

Bench: Shri Narender Kumar Choudhry & Smt. Renu Jauhriassessment Year: 2013-14 Assessment Year: 2014-15 Assessment Year: 2018-19 Assessment Year: 2019-20

For Appellant: Shri Kunal Dilip Lunawat, A.RFor Respondent: Shri Nagnath Pasale, D.R
Section 143(1)Section 154Section 250Section 80PSection 80P(2)(d)

…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…

Usha Janakalyan Nagar Chs Ltd, Mumbai vs. The Income Tax Officer-41 (3) (4), Mumbai

In the result, all the four appeals filed by the assessee which are under consideration are allowed on the same terms

ITA 4762/MUM/2023[2018-19]Status: DisposedITAT Mumbai26 Jun 2024AY 2018-19

Bench: Shri Narender Kumar Choudhry & Smt. Renu Jauhriassessment Year: 2013-14 Assessment Year: 2014-15 Assessment Year: 2018-19 Assessment Year: 2019-20

For Appellant: Shri Kunal Dilip Lunawat, A.RFor Respondent: Shri Nagnath Pasale, D.R
Section 143(1)Section 154Section 250Section 80PSection 80P(2)(d)

…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…

Usha Janakalyan Nagar Chs Ltd, Mumbai vs. The Centralized Processing Center, Bangalore

In the result, all the four appeals filed by the assessee which are under consideration are allowed on the same terms

ITA 4761/MUM/2023[2019-20]Status: DisposedITAT Mumbai26 Jun 2024AY 2019-20

Bench: Shri Narender Kumar Choudhry & Smt. Renu Jauhriassessment Year: 2013-14 Assessment Year: 2014-15 Assessment Year: 2018-19 Assessment Year: 2019-20

For Appellant: Shri Kunal Dilip Lunawat, A.RFor Respondent: Shri Nagnath Pasale, D.R
Section 143(1)Section 154Section 250Section 80PSection 80P(2)(d)

…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…

Shree Gudaleshwar Gramin Bigar Sheti Sah Pat Sanshta Maryadit, Gudal, Radhanagari, Kolhapur vs. The Income Tax Officer, Ward 1 (1), Kolhapur

Appeal is allowed in above terms

ITA 406/PUN/2024[A.Y. 2020-21]Status: DisposedITAT Pune03 Jun 2024

Bench: Shri Rama Kanta Panda & Shri Satbeer Singh Godara

For Appellant: Shri A.S. NaikFor Respondent: Shri Ramnath P. Murkunde
Section 143(3)Section 56Section 80P(2)(a)Section 80P(2)(d)

…IN THE INCOME TAX APPELLATE TRIBUNAL PUNE “A” BENCH : PUNE [THROUGH VIRTUAL HEARING] BEFORE SHRI RAMA KANTA PANDA, VICE PRESIDENT AND SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER I.T.A.No.406/PUN./2024 [E-APPEAL] Assessment Year 2020-2021 Shree Gudaleshwar Gramin Bigar Sheti Sah The Income Tax Officer, Pat Sanstha Maryadit, Ward-1(1), Income Tax Office, At Gudal, Tal- vs. Tarabai Park, KOLHAPUR. Radhanagari, Dist- PIN – 416 003. Kolhapur. Maharashtra. Maharashtra. PIN – 416 211 PAN AAALS0544D (Appellant) (Respondent) For Assessee : Shri A.S. Naik For Revenue : Shri Ramnath P. Murkunde Date of Hearing : 03.06.202…