Totgars Cooperative Sale Society Limited v. ITO

322 ITR 263Supreme Court of India2010#20492 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 357,294 Indian tax judgments — from 2018 to 2025.

Sections most often in play

Section 56 Section 80P

Issues it is cited on

section 80p(2)(a)section 80p(2)(d)section 80p(2)section 56 section 80p first appeal income from other sources section 80 person nfac business interest

Judgments citing Totgars Cooperative Sale Society Limited v. ITO

M/S Co-Operative Cane Development Union Gola, Lakhimpur Kheri vs. Income Tax Officer Range-3(4), Lakhimpur Kheri-1

ITA 15/LKW/2023[AY 2018-19]Status: DisposedITAT Lucknow30 Apr 2025

Bench: Sh. Kul Bharat & Sh. Nikhil Choudhary

For Appellant: Sh. Shubham Rastogi, C.AFor Respondent: Sh. Sanjeev Krishna Sharma, Addl CIT DR

Section 80P

…and would come in the category of, “income from other sources” and should therefore, be taxed accordingly under section 56 of the Act, in view of the decision of the Hon’ble Supreme Court in the case of Totgars Cooperative Sale Society Limited vs. ITO, (2010) 322 ITR 263 (SC) and the decision of Hon’ble Allahabad High Court in its order in ITA No. 520/2008 which had held that such interest i.e. the like of which was erred by a Cooperative Society for investment in a cooperative bank cannot be said to be the activities of the society. Accordingly, the ld. AO disallowed the deduction claimed by the assessee in resp…

M/S Co-Operative Cane Development Union Ltd, Lakhimpur Kheri vs. Income Tax Officer -1, Range-3(4), Lakhimpur Kheri

ITA 37/LKW/2022[2017-2018]Status: DisposedITAT Lucknow30 Apr 2025AY 2017-2018

Bench: Sh. Kul Bharat & Sh. Nikhil Choudhary

For Appellant: Sh. Shubham Rastogi, C.AFor Respondent: Sh. Sanjeev Krishna Sharma, Addl CIT DR

Section 80P

M/S Co-Operative Cane Development Union Ltd., Lakhimpur-Kheri vs. Income Tax Officer-I, Lakhimpur -Kheri

ITA 394/LKW/2019[2016-17]Status: DisposedITAT Lucknow30 Apr 2025AY 2016-17

Bench: Sh. Kul Bharat & Sh. Nikhil Choudhary

For Appellant: Revenue byFor Respondent: Date of hearing

Section 80P

…and would come in the category of, "income from other sources" and should therefore, be taxed accordingly under section 56 of the Act, in view of the decision of the Hon'ble Supreme Court in the case of Totgars Cooperative Sale Society Limited vs. ITO, (2010) 322 ITR 263 (SC) and the decision of Hon'ble Allahabad High Court in its order in ITA No. 520/2008 which had held that such interest i.e. the like of which was erred by a Cooperative Society for investment in a cooperative bank cannot be said to be the activities of the society. Accordingly, the ld. AO disallowed the deduction claimed by the assessee in resp…

ACIT, Circle-15(1), Kolkata vs. Abci Infrastructure Pvt. Ltd., Kolkata

In the result, the appeal filed by the revenue is dismissed

ITA 1788/KOL/2016[2009-10]Status: DisposedITAT Kolkata31 Aug 2018AY 2009-10

Bench: : Shri P.M. Jagtap & Shri S.S.Viswanethra Ravia.Y 2009-10

For Appellant: Shri Miraj D.Shah, ld.ARFor Respondent: Shri Sallong Yaden, Addl.CIT, ld.Sr.DR

Section 263

…objection. 6. By referring to present case, ld. AR submits that the CIT-A deleted the impugned addition made on account of excess depreciation by placing reliance on the decision of Hon’ble High Court of Bombay in the case of S.C. Thakur & Bros. reported in 322 ITR 263 and CBDT Circular No. 609 dt. 29-07-1991. The appellant revenue without examining the issue on merits mechanically filed this present appeal, which is contrary to Circular 5/2017 dt. 23-1-2017 & Instruction No. 7/2017 dt. 21-07-2017. He further submits that the CBDT directed the concerned revenue authorities not to file appeals(s) before this Tri…