Totgars Co-operative Sale Society Ltd. v. ITO

58 Taxmann.com 35High Court2015#934 most cited

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

When a co-operative society earns interest on deposits with scheduled banks, this income is assessable under "Income from other sources" (Section 56), and the society is entitled to deduct related administrative and proportionate expenses under Section 57 to tax only the net interest income.

114

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2026.

Also referred to as

Totgars Co-operative Sale Society Ltd. v. ITO · co-operative society interest income · Section 56 Income from other sources · Section 57 deductions · administrative expenses deduction · proportionate expenses deduction · interest on bank deposits · net interest income taxability · Section 80P · interplay Section 56 Section 57 Section 80P · Karnataka High Court

Issues it is cited on

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

M/S. Primary Agricultural Credit Co-Operative Service Society Limited, Belthangady vs. Income Tax Officer, Ward- 1, Puttur

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1306/BANG/2019[2016-17]Status: DisposedITAT Bangalore08 Oct 2021AY 2016-17

Bench: Shri B.R. Baskaran & Smt Beena Pillaiita. No. 1306/Bang/2019 Assessment Year: 2016-17 M/S. Primary Agricultural Credit Co-Operative Service The Income Tax Officer, Society Ltd., Ward – 1, Puttur – Ujire, 574 201. Belthangady – 574 240. Vs. Pan: Aaaju0058J (Appellant) (Respondent) For Assessee: Shri Mahesh R. Uppin, Advocate For Revenue : Shri Priyadarshi Mishra, Addl.Cit.(Dr) Date Of Hearing : 30.08.2021 Date Of Pronouncement : 08.10.2021 Order Per Beena Pillai, Jm. Present Appeals Are Filed By The Assessee Against The Common Order Dated 14/03/2019 Passed By The Ld.Cit(A) Mangaluru For Assessment Year 2016-17 On The Following Grounds:

For Appellant: Shri Mahesh R. Uppin, AdvocateFor Respondent: Shri Priyadarshi Mishra, Addl.CIT.(DR)
Section 143(2)Section 80Section 80PSection 80P(2)(a)Section 80P(2)(d)

…Ld.AO assessed the interest income received from bank deposits under the head income from other sources. The Ld.Counsel placed reliance on the decision of Hon’ble Karnataka High Court in case of Totgars co-operative sale society Ltd. vs ITO reported in (2015) 58 Taxmann.com 35. We have perused plethora of decisions on this issue by Hon’ble Karnataka High Court and the ratio laid down by Hon’ble Supreme Court. Hon’ble Supreme Court in the case of the Totgars Co-operative Sale Society Ltd. Vs. ITO reported in 322 ITR 283 held that, Income from utilisation of surplus funds was taxable under the head income from othe…

M/S. Aletty Co-Operative Agricultural Bank Limited, Sullia vs. Income Tax Officer, Ward-1, Bangalore

In the result, the appeal of the assessee is treated as partly allowed for statistical purpose

ITA 469/BANG/2020[2016-17]Status: DisposedITAT Bangalore31 Aug 2021AY 2016-17

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year : 2016-17 M/S. Aletty Co-Operative Agricultural Bank Ltd., Vs. The Income Tax Officer, Aletty Post & Village, Ward -1, Sullia – 574 247. Puttur. Pan : Aaaaa 4243 J Appellant Respondent Appellant By : Shri. Ravish Rao, Ca Respondent By : Shri. Elamurugu G, Jcit(Dr)(Itat), Bengaluru Date Of Hearing : 30.08.2021 Date Of Pronouncement : 31.08.2021 O R D E R Per N.V. Vasudevanthis Is An Appeal By The Assessee Against The Order Of Cit(A), Mangaluru, Dated 06.01.2020, In Relation To Ay 2016-17. 2. The Assessee Is A Primary Agricultural Credit Co-Operative Society Registered Under The Karnataka State Co-Operative Societies Act, 1959. It Accepts Deposits From Its Members & Provides Credit Facilities To Its Members. In The Return Of Income Filed For Assessment Year 2015-16, The Assessee Claimed Deduction Under Section 80P Of The Income Tax Act, 1961(Act) Of A Sum Of Rs.68,85,589/-. Out Of The Aforesaid Sum That Was Claimed As Deduction U/S.80P Of The Act, A Sum Of Rs.43,49,141 Was Interest On Deposits Made With South Canara District Co-Operative Bank(Scdcc Bank) & A Sum Of Rs.5,72,959 Was Dividend On Investments Made In Scdcc Bank. The Deduction On The Aforesaid Two Page 2 Of 14 Sums Were Claimed By The Assessee U/S.80P(2)(A)(D) Of The Act. The Remaining Sum Was Claimed As Deduction U/S.80P(2)(A) (I) Of The Act, Being Income Earned From Providing Credit Facility To Its Members.

For Appellant: Shri. Ravish Rao, CAFor Respondent: Shri. Elamurugu G, JCIT(DR)(ITAT), Bengaluru
Section 80PSection 80P(2)(a)Section 80P(2)(d)

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER Assessment Year : 2016-17 M/s. Aletty Co-operative Agricultural Bank Ltd., Vs. The Income Tax Officer, Aletty Post and Village, Ward -1, Sullia – 574 247. Puttur. PAN : AAAAA 4243 J APPELLANT RESPONDENT Appellant by : Shri. Ravish Rao, CA Respondent by : Shri. Elamurugu G, JCIT(DR)(ITAT), Bengaluru Date of hearing : 30.08.2021 Date of Pronouncement : 31.08.2021 O R D E R Per N.V. Vasudevan, Vice President This is an appeal by the assessee against the order of CIT(A), Ma…

M/S. Perady Vyavasaya Seva Sahakari Bank Limited, Belthangady vs. Income Tax Officer, Ward- 1, Puttur

In the result, appeal of the assessee is treated as allowed for statistical purposes

ITA 1451/BANG/2019[2016-17]Status: DisposedITAT Bangalore06 Aug 2021AY 2016-17

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranassessment Year : 2016-17 M/S. Perady Vyavasaya Seva Sahakari Bank Ltd., Vs. Ito, 01, Post Perady, Ward – 1, Belthangady – 574 236. Puttur. Pan : Aaalp 0218 K Appellant Respondent Appellant By : Smt. Sheethal R. Borkar, Advocate Respondent By : Shri. Kannan Narayanan, Jcit(Dr)(Itat), Bengaluru Date Of Hearing : 04.08.2021 Date Of Pronouncement : 06.08.2021 O R D E R Per N.V. Vasudevanthis Is An Appeal By The Assessee Against The Order Dated 27.03.2019 Of Cit(A), Mangaluru, Relating To Assessment Year 2016-17. 2. The Assessee Is A Primary Agricultural Co-Operative Society Engaged In The Business Of Acceptance Of Deposits From Lenders, Lending Loans, Providing Banking Facility In Rural Village. The Assessee Filed Return Of Income For The Relevant Ay Declaring Nil Income After Claiming Deduction Of Rs.1,04,78,572/- Under Section 80P Of The Income Tax Act, 1961 (Act).

For Appellant: Smt. Sheethal R. Borkar, AdvocateFor Respondent: Shri. Kannan Narayanan, JCIT(DR)(ITAT), Bengaluru
Section 80PSection 80P(2)(a)Section 80P(2)(d)

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI B. R. BASKARAN, ACCOUNTANT MEMBER Assessment Year : 2016-17 M/s. Perady Vyavasaya Seva Sahakari Bank Ltd., Vs. ITO, 01, Post Perady, Ward – 1, Belthangady – 574 236. Puttur. PAN : AAALP 0218 K APPELLANT RESPONDENT Appellant by : Smt. Sheethal R. Borkar, Advocate Respondent by : Shri. Kannan Narayanan, JCIT(DR)(ITAT), Bengaluru Date of hearing : 04.08.2021 Date of Pronouncement : 06.08.2021 O R D E R Per N.V. Vasudevan, Vice President This is an appeal by the assessee against the order dated 27.03.2019 of…

M/S. Venoor Co-Operative Agricultural Bank Limited, Belthangady vs. Income Tax Officer, Ward- 1, Puttur

In the result, appeal of the assessee is treated as allowed for statistical purposes

ITA 1448/BANG/2019[2016-17]Status: DisposedITAT Bangalore06 Aug 2021AY 2016-17

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranassessment Year : 2016-17 M/S. Venoor Co-Operative Agricultural Bank Ltd., Vs. Ito, Venur, Belthangady – 574 242. Ward – 1,Puttur. Pan : Aaajv 0184 C Appellant Respondent Appellant By : Smt. Sheethal R. Borkar, Advocate Respondent By : Shri. Kannan Narayanan, Jcit(Dr)(Itat), Bengaluru Date Of Hearing : 04.08.2021 Date Of Pronouncement : 06.08.2021 O R D E R Per N.V. Vasudevanthis Is An Appeal By The Assessee Against The Order Dated 27.03.2019 Of Cit(A), Mangaluru, Relating To Assessment Year 2016-17. 2. The Assessee Is A Primary Agricultural Co-Operative Society Engaged In The Business Of Acceptance Of Deposits From Lenders, Lending Loans, Providing Banking Facility In Rural Village. The Assessee Filed Return Of Income For The Relevant Ay Declaring Nil Income After Claiming Deduction Of Rs.83,12,836 Under Section 80P Of The Income Tax Act, 1961 (Act).

For Appellant: Smt. Sheethal R. Borkar, AdvocateFor Respondent: Shri. Kannan Narayanan, JCIT(DR)(ITAT), Bengaluru
Section 80PSection 80P(2)(a)Section 80P(2)(d)

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI B. R. BASKARAN, ACCOUNTANT MEMBER Assessment Year : 2016-17 M/s. Venoor Co-operative Agricultural Bank Ltd., Vs. ITO, Venur, Belthangady – 574 242. Ward – 1,Puttur. PAN : AAAJV 0184 C APPELLANT RESPONDENT Appellant by : Smt. Sheethal R. Borkar, Advocate Respondent by : Shri. Kannan Narayanan, JCIT(DR)(ITAT), Bengaluru Date of hearing : 04.08.2021 Date of Pronouncement : 06.08.2021 O R D E R Per N.V. Vasudevan, Vice President This is an appeal by the assessee against the order dated 27.03.2019 of CIT(A),…

M/S. Kadaba Sahakari Vyavasayika Bank Limited, Kadaba vs. Income Tax Officer, Ward - 1, Puttur

In the result, appeal by the assessee is treated as allowed for statistical purposes

ITA 210/BANG/2020[2016-17]Status: DisposedITAT Bangalore23 Jul 2021AY 2016-17

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranassessment Year : 2016-17 M/S. Kadaba Sahakari Vyavasayika Vs. Ito, Bank Ltd., Ward – 1, Kadaba Post, Kadaba Tq. Puttur. Dk – 574 221. Pan : Aaajk 0025 B Appellant Respondent Appellant By : Shri. V. Srinivasan, Advocate Respondent By : Smt. R. Premi, Jcit(Dr)(Itat), Bengaluru Date Of Hearing : 22.07.2021 Date Of Pronouncement : 23.07.2021 O R D E R Per N.V. Vasudevanthis Is An Appeal By The Assessee Against The Order Dated 06.01.2020 Of Cit(A), Mangaluru, Relating To Assessment Year 2016-17. 2. The Assessee Is A Primary Agricultural Co-Operative Society Duly Registered Under The Karnataka Co-Operative Societies Act,1959 & Is Engaged In The Business Of Accepting Deposits From Members, Lending Credit Facilities To Its Members (Mainly Agricultural Loans), Distribution Of Food Grains & Other Products Under State Govt'S Public Distribution System, Sale Of Fertilizers / Pesticides Etc., To Farmers. Page 2 Of 7 3. The Assessee Filed Its Return Of Income For The Assessment Year 2016-17 On 14-10-2016 Declaring A Total Income Of Rs.64,060 After Claiming Deduction Of Rs. 1,92,69,544 U/S 80P(2)(D) Of The Act. Thereafter, The Assessee’S Case Was Selected For Scrutiny Under Cass & Notice U/S 143(2) Was Issued By The Ao On 04-072017. During The Course Of The Assessment Proceedings, The Assessee Submitted A Revised Statement Of Income Declaring A Gross Total Income Of Rs 2,17,53,604 & Total Income Of Rs Nil, After Claiming A Deduction Of Rs 2,17,53,604 Under Sec 80P Of The Act.

For Appellant: Shri. V. Srinivasan, AdvocateFor Respondent: Smt. R. Premi, JCIT(DR)(ITAT), Bengaluru
Section 143(2)Section 80PSection 80P(2)(a)Section 80P(2)(d)

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI B. R. BASKARAN, ACCOUNTANT MEMBER Assessment year : 2016-17 M/s. Kadaba Sahakari Vyavasayika Vs. ITO, Bank Ltd., Ward – 1, Kadaba Post, Kadaba Tq. Puttur. DK – 574 221. PAN : AAAJK 0025 B APPELLANT RESPONDENT Appellant by : Shri. V. Srinivasan, Advocate Respondent by : Smt. R. Premi, JCIT(DR)(ITAT), Bengaluru Date of hearing : 22.07.2021 Date of Pronouncement : 23.07.2021 O R D E R Per N.V. Vasudevan, Vice President This is an appeal by the assessee against the order dated 06.01.2020 of CIT(A), Mangalur…