How many judgments cite Totgars Co-operative Sale Society Ltd. v. ITO?

1,283 judgments on BharatTax cite Totgars Co-operative Sale Society Ltd. v. ITO (322 ITR 283), spanning 2014 to 2026.

Which sections of the Income Tax Act does Totgars Co-operative Sale Society Ltd. v. ITO come up under?

It is most often cited in judgments turning on Section 80P(2)(d), Section 80P(2)(a)(i), Section 143(3), Section 80P, Section 80P(4), Section 250.

Totgars Co-operative Sale Society Ltd. v. ITO

322 ITR 283Supreme Court of India2010#33 most cited

What is Totgars Co-operative Sale Society Ltd. v. ITO authority for?

The interest income earned by a cooperative society from investing its surplus funds in fixed deposits with banks is not "derived from" its eligible business activities and is taxable as "income from other sources" under Section 56, thus not qualifying for deduction under Section 80P.

1,283

judgments rely on this decision, according to BharatTax’s citation analysis of 383,853 Indian tax judgments — from 2014 to 2026.

Also referred to as

Totgars Co-operative Sale Society · 322 ITR 283 · Section 80P · Section 80P(2)(d) · Section 80P(2)(a)(i) · interest income cooperative society · fixed deposit interest deduction · income from other sources Section 56 · derived from business · surplus funds investment

Also reported as

188 Taxmann.com 282

Sections most often in play

Section 80P(2)(d)Section 80P(2)(a)(i)Section 143(3)Section 80P Section 80P(4)Section 250 Section 56 Section 263

Issues it is cited on

section 80(2)(d)section 80p(2)(a)(iii)section 80p(4)section 2(19)section 80p(1)section 80p(2)(c)section 80(p)(2)(d)section 5(b)section 80p(2)(d)section 80p(2)(a)section 194a(3)(v)section 80p(2)(a)(i)

Judgments citing Totgars Co-operative Sale Society Ltd. v. ITO

Dharmadanga Samabay Krishi Unnayan Samity Ltd., Kalna, Purba Bardhaman vs. I.T.O., Ward - 1(3), Burdwan

In the result, the appeal of the assessee is allowed

ITA 1116/KOL/2025[2014-2015]Status: DisposedITAT Kolkata06 Nov 2025AY 2014-2015

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthi

For Appellant: NoneFor Respondent: Pampa Ray, Sr. DR

Section 250Section 80PSection 80P(2)(a)

…आयकर अपील"य अ"धकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH KOLKATA BEFORE SHRI SONJOY SARMA, JUDICIAL MEMBER AND SHRI SANJAY AWASTHI, ACCOUNTANT MEMBER आयकर अपील सं/ITA No.1116/Kol/2025 ("नधा"रण वष" / Assessment Year : 2014-2015) Dharmadanga Samabay Krishi Vs ITO, Ward-1(2), Siliguri Unnayan Samity Ltd. Vill: Dharmadanga, Post: Kalna, Blcok: Kalna-I, Dist: Purba Bardhaman, W.B -713519. PAN No. :AABAD1985B (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee by : None राज"व क" ओर से /Revenue by : Pampa Ray, Sr. DR सुनवाई क" तार"ख / Date of Hearing : 04/11/2025 घ…

DCIT, Circle-2(1)(1), Surat vs. The Surat Vankar Sahkari Sangh Limited, Surat

In the result, the appeal of the revenue is dismissed

ITA 77/SRT/2025[2017-18]Status: DisposedITAT Surat31 Oct 2025AY 2017-18

Bench: Ms. Suchitra Raghunath Kamble & Shri Bijayananda Prusethआयकर अपील सं./Ita No.77/Srt/2025 Assessment Year: (2017-18) (Hybrid Hearing) Dcit, Vs. The Surat Vankar Sahkari Sangh Circle – 2(1)(1), Limited, Surat Opp – Reshamwala Market, Ring Road, Surat - 395002 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aaaat3159L (Appellant) (Respondent) Appellant By Shri Ravi Kant Gupta, Cit-Dr Respondent By Shri Hiren Vepari, Ca Date Of Hearing 19/08/2025 Date Of Pronouncement 30/10/2025

Section 143(2)Section 194A(3)(v)Section 250Section 80PSection 80P(1)Section 80P(2)(a)Section 80P(2)(d)Section 80P(4)

…On the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in allowing deduction u/s. 80P(2)(d) of the Act of Rs.4,20,67,352/- ignoring the decision of Hon'ble Supreme Court in the case of Totgars Cooperative Sale Society Ltd. reported in 322 ITR 283, wherein it was held that interest earned from investments made in any bank not being cooperative society, is not deductible under section 80P(2)(d) of the Act. 2. On the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in allowing deduction u/s. 80P(2)(d) of the Act without appreciating the facts that the deposit in Co-op…

Sar Senapati Umabai Dabhade Nagari Sahakari Patsansta Maryadit, Pune vs. PCIT-3, Pune

In the result, the appeal of the assessee is allowed

ITA 908/PUN/2025[2020-21]Status: DisposedITAT Pune31 Oct 2025AY 2020-21

Bench: Shri R.K. Panda & Ms. Astha Chandra

For Appellant: Shri Sanjay S. SuryawanshiFor Respondent: Shri Amit Bobde

Section 143(1)Section 143(2)Section 143(3)Section 263Section 57Section 80PSection 80P(2)(a)Section 80P(2)(d)

…ncome earned from cooperative banks qualifies for deduction under section 80P(2)(d). 2 ITA No.908/PUN/2025, AY 2020-21 5. The learned PCIT erred in relying upon the decision of the Hon'ble Supreme Court in the case of Totgars Cooperative Sales Society Ltd. (322 ITR 283) without distinguishing the factual differences between the appellant's case and the said decision. 6. That the Ld. PCIT failed to consider the jurisdictional ITAT Pune Bench's decision in ITA No. 743/PUN/2024 in the case of Talegaon Nagari Sahakari Patsanstha Limited, which held that interest income earned by a co-operative credit society is eli…

Shree Sant Savta Gramin Bigar Seti Sahakari Pathsansta Marayadit, Nashik vs. Assessment Unit, Income Tax Department, Delhi

In the result, appeal of the Assessee is partly allowed

ITA 1625/PUN/2025[2017-18]Status: DisposedITAT Pune31 Oct 2025AY 2017-18

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.1625/Pun/2025 निर्धारण वषा / Assessment Year: 2017-18 Shree Sant Savta Gramin Bigar V Assessment Unit, Seti Sahakari Pathsanstha S. Income Tax Department, Maryadit, Delhi. Pimpalgaon, Niphad, Nashik – 422209. Pan: Aacas4098M Appellant/ Assessee Respondent / Revenue Assessee By None Revenue By Shri Dayanand Jawalikar – Addl.Cit Date Of Hearing 14/10/2025 Date Of Pronouncement 31/10/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For A.Y.2017-18, Dated 27.11.2024 Emanating From Assessment Order U/S.143(3) Of The I.T.Act, Dated 15.12.2019. The Assessee Has Raised Following Grounds Of Appeal :

Section 142(1)Section 143(2)Section 143(3)Section 250Section 68Section 80PSection 80P(2)(a)Section 80P(2)(d)

…court in CIT v. Andhra Pradesh State Co- operative Bank Ltd. [2011] 12 taxmann.com 66/200 Taxman 200/336 ITR 516, the Revenue places strong reliance upon the decision of the Supreme Court in Totgar's Co-operative Sale Society Ltd. v. ITO [2010] 188 Taxman 282/322 ITR 283. …………………… 34. The case before the Supreme Court in Totgar's Co-operative Sale Society Ltd.'s case (supra) was in respect of a co-operative credit society, which was also marketing the agricultural produce of its members. As seen from the facts disclosed in the decision of the Karnataka High Court in Totgars, from out of which the decision of the…

Shri Murli Manohar Nagari Sahakari Patsanstha Maryadit, Mahad vs. Income-Tax Officer, Panvel

In the result, appeal of the assessee is partly allowed

ITA 934/PUN/2025[2017-18]Status: DisposedITAT Pune30 Oct 2025AY 2017-18

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.934/Pun/2025 निर्धारण वषा / Assessment Year: 2017-18 Shri Murli Manohar Nagari V Income Tax Officer. Sahakaripatsansthamaryadit, S. 1295, Pimpal Par, M.G.Road, Juni Peth, Mahad, Mahad – 402301. Maharashtra. Pan: Aabas5404L Appellant/ Assessee Respondent / Revenue Assessee By Shri Anup Shaha Revenue By Shri Dayanand Jawalikar–Addl.Cit(Dr) Date Of Hearing 14/10/2025 Date Of Pronouncement 30/10/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Is Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For A.Y.2017-18, Dated 11.03.2024 Emanating From Assessment Order U/S.143(3) R.W.S 263 Read With Section 144B Of The I.T.Act, Dated 17.03.2023. The Assessee Has Raised Following Grounds Of Appeal :

Section 143(2)Section 143(3)Section 144BSection 250Section 263Section 80PSection 80P(2)(d)

…urt in CIT v. Andhra Pradesh State Co- operative Bank Ltd. [2011] 12 taxmann.com 66/200 Taxman 200/336 ITR 516, the Revenue places strong reliance upon the decision of the Supreme Court in Totgar's Co-operative Sale Society Ltd. v. ITO [2010] 5 188 Taxman 282/322 ITR 283. ITA No.934/PUN/2025 [A] …………………… 34. The case before the Supreme Court in Totgar's Co-operative Sale Society Ltd.'s case (supra) was in respect of a co-operative credit society, which was also marketing the agricultural produce of its members. As seen from the facts disclosed in the decision of the Karnataka High Court in Totgars, from out of…

Income Tax Officer, Ward-1(2)(4), Meerut vs. Maliyana Cooperative Cane Developement Union, Gorakhpur

Appeal is dismissed

ITA 3706/DEL/2023[2018-19]Status: DisposedITAT Delhi29 Oct 2025AY 2018-19

Bench: Ms. Madhumita Roy & Shri Naveen Chandraasstt. Yr: 2018-19

Section 143(3)Section 57Section 80P(2)(a)

…30.0 The reason for not allowing the deduction claimed on income earned from the marketing of agricultural produce i.e., sugarcane, is purely based on the decision of Hon'ble Supreme Court in the case of Totgars' Co- operative Sale Society Ltd. Vs. ITO [2010] 322 ITR 283/188and the portion of the decision relied upon by the AO is also finding place in assessment order. Though at the cost of repetition, the relevant portion quoted by the AO is reproduced below for ready reference. The interest on surplus invested in short-term deposits, not being attributable to the business of providing credit facilities to the…

Sahkari Ganna Vikas Samiti Ltd Vikramjot Basti, Vikramjot vs. Inocme Tax Officer Basti -New, Income Tax Office Basti

The appeal of the assessee stands allowed for statistical purposes

ITA 486/LKW/2025[2017-18]Status: DisposedITAT Lucknow27 Oct 2025AY 2017-18

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2017-18 Sahkari Ganna Vikas V. The Income Tax Officer Samiti Ltd. Basti Vikramjot, Basti (U.P) Tan/Pan:Aabas4611B (Appellant) (Respondent) Appellant By: None Respondent By: Shri R.R.N. Shukla, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 05.12.2024, Passed By The Addl/Jcit(A)-3, Bengaluru For Assessment Year 2017-18. 2.0 The Brief Facts Of The Case Are That The Assessee Is A Co- Operative Society Registered Under The Co-Operative Societies Act, 1912. The Main Activity Of The Assessee Was Marketing Of Sugar Cane Grown By The Cane Growers, Who Were Members Of The Assessee-Society. The Assessee Filed Its Return Of Income For The Year Under Consideration On 21.03.2018, Declaring A Total Income Of Rs.1,73,170/-. During The Year Under Consideration, The Assessee-Society Had Received Commission From Sugar Mills On Supply Of Sugar Cane Of Rs.70,16,032/-, Which Was Claimed As Exempt In Terms Of Section 80P(2)(A)(Ii) Of The Income Tax Act

For Appellant: NoneFor Respondent: Shri R.R.N. Shukla, D.R

Section 143(3)Section 194HSection 57Section 80PSection 80P(2)(a)

…see. 7.0 At the outset, the Ld. Sr. DR submitted that issue involved in the instant case had already been decided in favour of the Revenue by the Hon’ble Supreme Court in the case of The Totgars' Cooperative Sale Society Limited vs. Income Tax Officer (2010) 322 ITR 283 (SC). The Ld. Sr. D.R. further submitted that the Addl/JCIT(A)-3, Bengaluru had given a detailed finding and had rightly disallowed the assessee’s claim. He prayed that the appeal of the assessee be dismissed. ITA No.486/LKW/2025 Page 7 of 15 8.0 I have heard the Ld. Sr. D.R. and have also perused the material on record. The Lucknow Bench of th…

Income Tax Officer, Ward 3(1), Kalyan vs. Vitthal Rukmini Sahakari Patpedthi, Kalyan

In the result, appeal of the assessee is allowed and appeal of the revenue is dismissed

ITA 2307/MUM/2025[2017-18]Status: DisposedITAT Mumbai16 Oct 2025AY 2017-18

Bench: Shri Saktijit Dey, Hon’Ble & Shri Narendra Kumar Billaiya, Hon’Ble

For Appellant: Shri Sushant Alme, A/RFor Respondent: Ms. Kavitha Kaushik, Sr. D/R

Section 194A(3)(v)Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 80P(4)

…ome Tax (A)/FAC while disallowing the claim of section 80P has wrongly relied on the judgment of Hon'ble Gujarat High Court in the case of Katlary Kariyana (2022)215 DTR 0125(Guj) and Supreme Court in the case of Totgar's Co-operative Sales Society Ltd (2010) 322 ITR 283 (SC) and observed that the interest received on fixed deposits is not eligible for deduction u/s 80P of the Income Tax Act, 1961. 20. In this connection, Bench noticed that, as per the provisions of section 66 the Maharashtra Co-operative Societies Act, 1960, the Society is required appropriate 25 % of the net profit to Reserve fund. In addition…

Vitthal Rukmini Sahakari Patpedhi Ltd, Kalyan vs. DCIT Circle 3 Kalyan, Kalyan

In the result, appeal of the assessee is allowed and appeal of the revenue is dismissed

ITA 1570/MUM/2025[2017-18]Status: DisposedITAT Mumbai16 Oct 2025AY 2017-18

Bench: Shri Saktijit Dey, Hon’Ble & Shri Narendra Kumar Billaiya, Hon’Ble

For Appellant: Shri Sushant Alme, A/RFor Respondent: Ms. Kavitha Kaushik, Sr. D/R

Section 194A(3)(v)Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 80P(4)

Chotanagpur Catholic Mission Co – Operative Credit Society, Ranchi vs. Principal Commissioner of Income Tax, Ranchi

ITA 41/RAN/2022[2017-18]Status: DisposedITAT Ranchi07 Oct 2025AY 2017-18

Bench: SHRI GEORGE MATHAN (Judicial Member), SHRI RATNESH NANDAN SAHAY (Accountant Member)

For Appellant: Shri P.S.Paul, CAFor Respondent: Shri Rajib Jain, CIT-DR

Section 143(3)Section 263Section 80P

…ions of Section 80P of the Act. It was the prayer that the order of the ld. Pr.CIT is liable to be quashed. 3. In reply, ld. CIT-DR submitted that in view of the decisions of the Hon’ble Supreme Court in the case of Totgars Cooperative Sales Society, reported 322 ITR 283 (SC) and in the case of Secunderabad Club, reported in 153 taxmann.com 441 (SC), the order of the ld. Pr.CIT is liable to be upheld. It was the submission that the assessee was not entitled to benefit of deduction u/s.80P of the Act. 4. We have considered the rival submissions. It must be mentioned here that the appeal is against the order passed…

Vasai Urban Cooperative C Redit Society Ltd, Vasai vs. PCIT-1, Thane

In the result, the appeal by the assessee allowed

ITA 2622/MUM/2025[2020-21]Status: DisposedITAT Mumbai01 Oct 2025AY 2020-21

Bench: SHRI OM PRAKASH KANT (Accountant Member), MS. KAVITHA RAJAGOPAL (Judicial Member)

For Appellant: Shri Bhupendra ShahFor Respondent: Shri Vivek Perampurna (CIT-DR)

Section 143(3)Section 263Section 56Section 80P(2)Section 80P(2)(d)

…led enquiry with regard to the claim of deduction u/s. 80P(2) of the Act which according to the ld. PCIT is against the proposition laid down by the Hon'ble Apex Court in the case of Totgar's Co-operative Sale Society vs. Income Tax Officer, Karnataka, (2010) 322 ITR 283 (SC), and thereby holding the assessment order is not said to be erroneous in so far as it is prejudicial to the interest of the revenue. The ld. PCIT set aside the impugned assessment order with a direction to disallow amount of Rs. 96,32,202/- claimed by the assessee u/s. 80P(2) of the Act and taxed the same u/s. 56 of the Act under the head ‘i…

Shree Laxmi Nagari Sahakari Patsanstha Maryadit, Jalgaon vs. ITO, Ward 1(4), Jalgaon

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

ITA 1122/PUN/2025[2020-21]Status: DisposedITAT Pune23 Sept 2025AY 2020-21

Bench: Dr.Manish Borad & Shri Vinay Bhamore

For Appellant: Shri Vinay KawadiaFor Respondent: Shri Amit Bobde

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

…IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “B”, PUNE BEFORE DR.MANISH BORAD, ACCOUNTANT MEMBER AND SHRI VINAY BHAMORE, JUDICIAL MEMBER आयकर अपील सं. / ITA No.1122/PUN/2025 Assessment Year : 2020-21 Shree Laxmi Nagari Sahakari Vs. Income Tax Officer, Patsanstha Maryadit, Ward-1(4), Jalgaon Khushalbhau Road, At Post. Faizpur, Tal. Yawal, Dist. Jalgaon – 425503 Maharashtra PAN : AAAJS2191L Appellant Respondent Appellant by : Shri Vinay Kawadia Respondent by : Shri Amit Bobde Date of hearing : 21.08.2025 Date of pronouncement : 23.09.2025 आदेश / ORDER PER DR. MANISH BORAD, ACCOUNTANT MEMBER : The capti…

Elco Arcade Res and Non Res. Premises Co Op Society Limited, Mumbai vs. ITO Ward 23(1)(3), Mumbai

In the result, appeal filed by the assessee is allowed for statistical purposesin above terms

ITA 4481/MUM/2025[2017-18]Status: DisposedITAT Mumbai23 Sept 2025AY 2017-18

Bench: Shriom Prakash Kant & Shri Raj Kumar Chauhanelco Arcade Res & Non Res Ito 23(1)(3), Premisies Co-Operative Society Vs. Piramal Chamber, Ltd. Mumbai – 400 012 Elco Arcade, Hill Road, Bandra West, Mumbai-400 050 Pan: Aaaae8544N (Appellant) (Respondent) Assessee Represented By : Shripratik Jain, Ld. Ar Department Represented By : Shri Pushkarajbhangepatil, Ld. Dr Date Of Conclusion Of Hearing : 13.08.2025 Date Of Pronouncement : 23.09.2025

Section 142(1)Section 143(2)Section 250Section 80Section 80PSection 80P(2)(d)Section 80P(4)

…tate Co-operative Apex Bank Ltd. ((2004) 267 ITR 34 (SC)] -stating that interest from other co-operative societies is deductible. Elco Arcade Res and Non Res Premises Co-Operative Society Ltd. 3. The reliance on Totgars Co-op Sale Society Ltd. v. ITO [(2010) 322 ITR 283 (SC)] by the CIT(A) is misplaced, as clarified in PCIT v. Totgars Co-operative Sale Society [(2017) 395 ITR 611 (Karnataka HC)] applicable to societies engaged in marketing agricultural produce, not credit societies. 4. The appellant prays that the deduction under Section 80P(2)(d) be allowed and the demand raised by the Assessing Officer be del…

DCIT Akola Circle, Akola vs. The Akola Janata Commercial Co-Operative Bank Ltd., Akola

In the result, Revenue’s appeal is dismissed

ITA 189/NAG/2025[2020-21]Status: DisposedITAT Nagpur22 Sept 2025AY 2020-21

Bench: Shri Narender Kumar Choudhry & Shri K.M. Roy, Accountant, Member

For Appellant: Shri S.G. GandhiFor Respondent: Shri Pankaj Kumar

Section 143(1)Section 143(3)Section 147Section 154

…e society, the assessee is entitle to deduction in respect of interest received/derived by it on deposit with cooperative bank. It is further noted that in the aforesaid decision, the Bench duly considered the decision in Totagar Cooperative Sale Society Ltd. 322 ITR 283 (Supreme Court), Mittal Court Premises Cooperative Society Ltd. vs Income Tax Officer 320 ITR 414 and CIT vs Kangra Cooperative Bank Ltd. 309 ITR 106. Identical ratio was laid down by the Mumbai Bench in Sea Grean Co-operative Hsg. Society vs Income Tax Officer (ITA No.1343/Mum/2017) order dated 31/03/2017. Following the aforesaid decisions and k…

Shree Datta Nagari Sahakari Pat Sanstha, Sangli vs. ITO Ward-5, Sangli

In the result, both the appeals of the assessee for AY 2018-19 (ITA

ITA 626/PUN/2025[2018-19]Status: DisposedITAT Pune22 Sept 2025AY 2018-19

Bench: Shri R.K. Panda & Ms. Astha Chandra

For Appellant: Shri Sarang S. GudhateFor Respondent: Shri Ramnath P. Murkunde

Section 139(1)Section 142(1)Section 56Section 80Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(2)(d)Section 80P(4)

…आयकर अपीलीय अधिकरण “ए” न्यायपीठ पुणे में । IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, PUNE BEFORE SHRI R.K. PANDA, VICE PRESIDENT AND MS. ASTHA CHANDRA, JUDICIAL MEMBER आयकर अपील सं. / ITA Nos.626 & 625/PUN/2025 धििाारण वर्ा / Assessment Years : 2018-19 & 2020-21 Shree Datta Nagari Sahakari Pat Sanstha, ITO, Ward-5, Sangli Urun, Islampur, Sangli-415409 Vs. PAN : AAAAS8250R अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee by : Shri Sarang S. Gudhate Department by : Shri Ramnath P. Murkunde Date of hearing : 15-07-2025 Date of 22-09-2025 Pronouncement : आदेश / ORDER PER ASTHA CHANDRA, JM : The above t…

Shree Datta Nagari Sahakari Pat Sanstha, Sangli vs. ITO Ward-5, Sangli

In the result, both the appeals of the assessee for AY 2018-19 (ITA

ITA 625/PUN/2025[2020-21]Status: DisposedITAT Pune22 Sept 2025AY 2020-21

Bench: Shri R.K. Panda & Ms. Astha Chandra

For Appellant: Shri Sarang S. GudhateFor Respondent: Shri Ramnath P. Murkunde

Section 139(1)Section 142(1)Section 56Section 80Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(2)(d)Section 80P(4)

Sree Narayana Guru Cooperative Thrift and Credit Society Limited, Delhi vs. Commissioner of Income Tax (Appeals), Civic Centre

Appeal is allowed in above terms

ITA 4783/DEL/2025[2018-19]Status: DisposedITAT Delhi22 Sept 2025AY 2018-19

Bench: Sh. Satbeer Singh Godaraita No. 4783/Del/2025 : Asstt. Year : 2018-19 Sree Narayana Guru Cooperative Vs Cit(A)/Nfac Thrift & Credit Society Ltd., Income Tax Officer, Sree Narayana Kendra, Rb2, Ward-43(6), Pocket-3, Sector-7, D, Dwarka, New Delhi-110002 Sector-6, New Delhi-110075 (Appellant) (Respondent) Pan No. Aacas8347K Assessee By: None Revenue By : Sh. Manoj Kumar, Sr. Dr Date Of Hearing: 22.09.2025 Date Of Pronouncement: 22.09.2025 Order This Assessee’S Appeal For Assessment Year 2018-19, Arises Against The Cit(A)/Nfac, Delhi’S Din & Order No. Itba/Nfac/S/250/2025-26/1078029340(1) Dated 30.06.2025, In Proceedings U/S 143(3) Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: NoneFor Respondent: Sh. Manoj Kumar, Sr. DR

Section 143(3)Section 80Section 80PSection 80P(2)Section 80P(2)(a)

…tive Thrift and Credit Society Ltd. deposit in cooperative society/cooperative/nationalized banks etc. 4. Mr. Kumar draws strong support from the lower appellate discussion to this effect by placing reliance on Totgars Co- operative Sale Society Ltd. Vs. ITO 322 ITR 283 (SC) that such an interest income could not be held to have been derived from the eligible business u/s 80P(2) of the Act. 5. I find no merit in the Revenue’s instant vehement arguments in light of (2024) 164 taxmann.com 382 (Pune Tribu.) ITO Vs. Shri Bhairavnath Multistate Cooperative Credit Society Ltd. rejecting the very stand as under: “5.…

The Ratnakar Bank Employees Co Op Credit Society Ltd Kolhapur, Kolhapur vs. Income Tax Officer, Kolhapur

In the result, appeal of the assessee is allowed

ITA 1725/PUN/2025[2022-23]Status: DisposedITAT Pune19 Sept 2025AY 2022-23

Bench: Or At The Time Of Hearing.”

Section 142(1)Section 143(3)Section 144BSection 250Section 80PSection 80P(2)(D)Section 80P(2)(a)

…sh State Co- operative Bank Ltd. [2011] 12 taxmann.com 66/200 Taxman 200/336 ITR 516, the Revenue places strong reliance upon the decision of the 5 ITA No.1725/PUN/2025 [A] Supreme Court in Totgar's Co-operative Sale Society Ltd. v. ITO [2010] 188 Taxman 282/322 ITR 283. …………………… 34. The case before the Supreme Court in Totgar's Co-operative Sale Society Ltd.'s case (supra) was in respect of a co-operative credit society, which was also marketing the agricultural produce of its members. As seen from the facts disclosed in the decision of the Karnataka High Court in Totgars, from out of which the decision of the…

Tinich Sahkari Ganna Samiti Limited, Bastii vs. ITO, Basti

ITA 295/LKW/2023[2015-16]Status: DisposedITAT Lucknow18 Sept 2025AY 2015-16

Bench: Shri. Sudhanshu Srivastava

For Appellant: None (Written submission)For Respondent: Shri Sanjeev Krishna Sharma and Shri Amit Kumar, D.Rs

Section 143(3)Section 244ASection 271(1)(c)Section 28Section 80PSection 80P(2)(a)

…P of the Act. In this regard, after considering the submissions made on behalf of the assessee, the AO placed reliance on the decision of the Hon'ble Supreme Court in the case of Totgar’s Co-operative Sale Society Ltd. vs. Income Tax Officer, Karnataka [2010] 322 ITR 283 and rejected the assessee’s claim for deduction under section 80P of the Act. The AO computed the income of the assessee as under: Commission received from Sugar Mills on which Rs.33,57,576/- TDS was made u/s.194H of the Act. Less: 1/3 for expenses by estimate Rs.11,85,859/- Rs.23,71,717/- Interest income as per ITR Rs.2,86,061/- Total Taxable i…

Tinich Sahkari Ganna Samiti Limited, Basti vs. ITO, Basti

ITA 294/LKW/2023[2014-15]Status: DisposedITAT Lucknow18 Sept 2025AY 2014-15

Bench: Shri. Sudhanshu Srivastava

For Appellant: None (Written submission)For Respondent: Shri Sanjeev Krishna Sharma and Shri Amit Kumar, D.Rs

Section 143(3)Section 244ASection 271(1)(c)Section 28Section 80PSection 80P(2)(a)