“Section 80(2)(d)”

The Navyug Co-Operative Housing Society Ltd., Mumbai vs. DCIT 32(1), Mumbai

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

Bench: Shir Pavan Kumar Gadale & Ms Padmavathy Sthe Navyug Co-Operative Vs. Dcit-32(1), Housing Society Ltd., Room.No.702, 7Th Flr, Jaihind Club Bldg, Jvpd Kautilya Bhavan, Scheme, 2Nd Floor, Bandra Kurla N.S. Road,Vile Parle (W), Complex, Mumbai-400049. Bandra(E), Mumbai-400051. Pan/Gir No. : Aaaat0325L Appellant .. Respondent Appellant By : Shri Shalin.S. Divatia.Ar Respondent By : Shri Laxmi Kant.Sr. Dr Date Of Hearing 09.05.2024 Date Of Pronouncement 10.05.2024 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi/Cit (A) Passed U/Sec 154 & U/Sec 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal: The Navyug Co-Op Housing Society Ltd., Mumbai. 1. The Learned Commissioner Of Income Tax (Appeals) Erred In Confirming The Order Of The Assessing Officer Rejecting The Application Of The Assessee U/S 154 Seeking Rectification Of The Disallowance The Deduction U/S 80P(2) & 80P(2)(D) Of The Act Of Rs.60,93,180/- U/S 143 (1) Of The Act.

judicial decisions were the co-operative society receives/earns interest on deposits with the co-operative bank is eligible for claim of deduction under section 80(2)(d) of the Act. Accordingly,we fallow the judicial precedence, and set aside the order of the CIT(A) and direct the Assessing officer

Income Tax Officer, Mumbai vs. Nariman Bhavan Premises Co Op Society Ltd, Mumbai

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

Bench: Shri Pavan Kumar Gadale & Ms Padmavathy S

judicial decisions were the co-operative society receives/earns interest on deposits with the co- operative bank is eligible for claim of deduction under section 80(2)(d) of the Act and we fallow the judicial precedence. We find the CIT(A) has considered the facts, submissions and relied

Sangam Sahakari Patpedhi Maryaditnagari, Navi Mumbai, Thane vs. Mumbai-W-91, Vashi Navimumbai

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

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2015-16 & Assessment Year: 2020-21 Sangam Sahakari Patpedhi Mumbai-W-91, Maryaditnagari, Navi Mumbai, It-Office, Vashi Railway Station Office No. 227, Central Facility Vs. Building Navi Mumbai-400703. Building, 3Rd Floor, Sector-19, Turbhe, Navi Mumbai-400705. Pan No. Aacas 6296 B Appellant Respondent

statutory provision, society, the claim of deduction under the aforesaid statutory provision, society, the claim of deduction under the aforesaid statutory provision, viz. section 80(2)(d) would be duly available as the term cooperative viz. section 80(2)(d) would be duly available as the term cooperative viz. section

Sangam Nagari Sahakri Patpedhi Maryadit, Navimumbai vs. Mum-W-91-Range-222, Navimumbai

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal ()

operative society from its investments made with any other co-operative society, the claim of deduction under the aforesaid statutory provision, viz. section 80(2)(d) would be duly available as the term cooperative society' has been defined under section 2(19) of the Act. The assessability of the interest

Hillway Sadhna Co Op Operative Housing Society Limited, Mumbai vs. Income Tax Officer, Mumbai

Bench: Shri Pavan Kumar Gadale, Jm & Ms Padmavathy S, Am

judicial decisions were the cooperative society receives/earns interest on deposits with the co-operative bank is eligible for claim of deduction under section 80(2)(d) of the Act. Accordingly, fallow the judicial precedence, and set aside the order of the CIT(A) and direct the Assessing officer to allow

Chetak Co-Operative Housing Society Ltd, Mumbai Suburban vs. The Income Tax Officer, 23(1)(3), Mumbai

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

Bench: Shri Pavan Kumar Gadaleita No. 2934 & 2935/Mum/2023 (A.Y: 2013-14 & 2014-15) Chetak Co-Operative Vs. Ito – 23(1)(3) Housing Society Ltd,35 Mumbai-400020. Maju Mahal, Pali Hill, Bandra (West), Mumbai-400050. Pan/Gir No. : Aaaac0996J Appellant .. Respondent Appellant By : Shri. Anuj Kisnadwala & Shri Vinay Sinha.Ar Respondent By : Shri G.J. Ninawe. Sr. Dr Date Of Hearing 01.11.2023 Date Of Pronouncement 03.11.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: These Two Appeals Are Filed By The Assessee Against The Separate Orders Of The National Faceless Appeal Centre(Nfac)/Cit(A) Passed U/Sec 143(3) & U/Sec 250 Of The Act.

with the co-operative bank is eligible for claim of deduction ITA No. 2934 & 2935/Mum/2023 Chetak Co-Op Housing Society Ltd., Mumbai. under section 80(2)(d) of the Act. Accordingly, fallow the judicial precedence, and set aside the order of the CIT(A) and direct the Assessing officer

Kinjal Heaven Co Operative Society Limited, Mumbai vs. Income Tax Office, Ward-19(2)(2), Mumbai

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

Bench: Shri Pavan Kumar Gadaleita No. 2955, 2956, 2957 & 2958/Mum/2023 (A.Y: 2017-18, 2018-19, 2019-20 & 2020-21) Kinjal Heaven Vs. Ito,Ward19(2)(2), Cooperative Society Ltd, Piramal Chambers, 1St Wadia Street, 5Th Floor, Near Mumbai-400034. Bharatmata Theatre, Parel (East), Mumbai-400012. Pan/Gir No. : Aacak6843Q Appellant .. Respondent Appellant By : Shri.Rajesh Shah.Ar Respondent By : Shri.G.J.Ninawe. Sr. Dr Date Of Hearing 02.11.2023 Date Of Pronouncement 06.11.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: These Four Appeals Are Filed By The Assessee Against The Separate Orders Of The National Faceless Appeal Centre (Nfac)/Cit(A) Passed U/Sec 143(3) & U/Sec250 Of The Act For The A.Y 2017-18 & For The A.Y 2018-19, 2019-20 & 2020-21 Passed U/S 143(1) & U/Sec 250 Of The Act.

judicial decisions were the co-operative society receives/earns interest on deposits with the co-operative bank is eligible for claim of deduction under section 80(2)(d) of the Act. The recent decision of the Honble Supreme court in the case of Kerala State Co- operative Agricultural & Rural Development Bank

Kona Seema Co Operative Housing Society Limited, Mumbai vs. CPC, Bangalore, Mumbai

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

Bench: Shri Pavan Kumar Gadalekona Seemaco-Operative Vs. Cpc Housing Society Ltd. Bangalore. Plot No. 8, V.N Purav Marg, Near Diamond Garden, Chembur. Mumbai-400071. Pan/Gir No. : Aadak0665K Appellant .. Respondent

judicial decisions were the co-operative society receives/earns interest on deposits with the co-operative bank is eligible for claim of deduction under section 80(2)(d) of the Act. Accordingly, fallow the judicial precedence, and set aside the order of Kona Seema Co-op Housing Society, Mumbai

Gautam Dhan Co-Op. Housing Society Ltd., Mumbai vs. ITO Ward 34(2)(1), Mumbai

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

Bench: Shri Pavan Kumar Gadalegautam Dhan Co-Op Ito, Ward 34(2)(1), Housing Society Ltd., 815, Kautilya Bhavan बनाम/ 368, Bajaj Road, Bkc,Bandra (E), Vs. Vile Parle (W), Mumbai- 400051. Mumbai- 400056. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaabg0540K (""थ" / Respondent) (अपीलाथ" /Appellant)

judicial decisions were the co- operative society receives/earns interest on deposits with the co-operative bank is eligible for claim of deduction under section 80(2)(d) of the Act. Accordingly, fallow the judicial Gautam Dhan Co-op Housing Society Ltd., Mumbai precedence, and set aside the order

Bhoomi Classic Co-Op Hsg.Soc.Ltd., Mumbai vs. ITO Ward-30(1)(2), Mumbai

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

Bench: Shri Pavan Kumar Gadalebhoomi Classic Co-Op Ito, Ward 30(1)(2) Hsg. Soc. Ltd., Room No. 436, 4Th बनाम/ Cts No. 1406, Link Floor, Kautilya Vs. Road, Opp Sabkuch Bhavan, C-41 To C- Market, Malad (West) 43, G Block, Bkc, Mumbai- 400064. Bandra (E) Mumbai – 400051. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaab4452G (""थ" / Respondent) (अपीलाथ" /Appellant)

judicial decisions were the co- operative society receives/earns interest on deposits with the co-operative bank is eligible for claim of deduction under section 80(2)(d) of the Act. Accordingly, fallow the judicial precedence, and set aside the order of the CIT(A) and direct Bhoomi Classic

Goragandhi Co-Operative Housing Society Ltd., Mumbai vs. ITO-32(1)(5), Mumbai

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

Bench: Shri Pavan Kumar Gadale & Shri S Rifaur Rahmangoragandhicooperative Ito-32(1)(5), Housingsociety Ltd., Room.No 729, बनाम/ Svp Road, Borivali (W) Kautilya Bhavan, Vs. Mumbai –400 051. Bkc,Bandra (E), Mumbai – 400 051. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaag3933F (""थ" / Respondent) (अपीलाथ" /Appellant)

judicial decisions were the co- operative society receives/earns interest on deposits with the co-operative bank is eligible for claim of deduction under section 80(2)(d) of the Act. Accordingly, fallow the judicial precedence, and set aside the order of the CIT(A) and direct the Assessing officer

Rustomjee Regency 1 Co-Op Housing Society, Mumbai vs. CIT, CPC, Bangalore

In the result the appeal filed by the appeal is allowed

Bench: Shir Pavan Kumar Gadalerustomjee Regency 1 Vs. Acit,Cpc Co-Op Housing Society Bangalore Cts No. 921/1, Rustom Irani Marg, Off Js Road, Dahisar (E), Mumbai – 400068. Pan/Gir No. : Aaaar6262J Appellant .. Respondent Appellant By : Shri.Mayur Makadia.Ar Respondent By : Smt.Jayashree Thakur.Dr Date Of Hearing 26.04.2023 Date Of Pronouncement 28.04.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi/Cit(A) Passed U/Sec 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

judicial decisions were the co-operative society receives/earns interest on deposits with the co-operative bank is eligible for claim of deduction under section 80(2)(d) of the Act. Accordingly, fallow the judicial precedence, and set aside the order of the CIT(A) and direct the Assessing officer

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

In the result, the three appeals filed by the assessee are allowed

Bench: Shri Pavan Kumar Gadaleita Nos. 2694, 2696 & 2697/Mum/2022 (A.Ys: 2014-15, 2016-17 & 2017-18) Vaibhavnagar Co Op Vs. Ito – 27(3)(5) Credit Soc Ltd., Room No. 428, 4Th Ground Floor, Vaibhav Floor, 6Th Tower, Vashi Nagar Vaman Tukaram Rly Station Complex, Patil Marg, Gowandi Navi Mumbai – 400703 Mumbai – 400088 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaav5519Q Appellant .. Respondent Assessee By : Mr.Ramesh S Iyer.Ar Revenue By : Ms.Richa Gulati.Dr Date Of Hearing 21.12.2022 Date Of Pronouncement 22.12.2022 आदेश / O R D E R

Tribunal decisions were the co-operative society receives/earns interest on deposits with the co-operative bank is eligible for claim of deduction under section 80(2)(d) of the Act. TheLd.AR emphatically substantiated the submissions with the facts, evidences and judicial decisions filed before the lower authorities and find merits

The Mysore Co-Op. Housing Society Ltd., Mumbai vs. Pr. CIT-27, Navi Mumbai

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

Bench: Shri Pavan Kumar Gadale & Shri Amarjit Singhthe Mysore Co-Op Vs. Pr.Cit-27, Housing Society Ltd, Room No -401, 4 Th Gateno2, Mysore Colony, Floor, Tower-6, Vashi Near Rcf Factory, Railway Station Anik,Off Majul Road, Commercial Complex, Chembur, Vashi,Navi Mumbai- Mumbai-400074 400073. Pan/Gir No. : Aacft7837N Appellant .. Respondent Appellant By : Mr.M.Subramanian.& Ms.Varsha Nanwani.Ar Respondent By : Mr. Ajay. Cit Dr Date Of Hearing 08.08.2022 Date Of Pronouncement 10.08.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed An Appeal Against The Order Of The Principal Commissioner Of Income Tax (Pr.Cit), Mumbai Passed U/S 263 Of The Act Dated 17.03.2021. Mysore Co-Op Housing Society Ltd. Mumbai. 2. The Brief Facts Of The Case Are That The Assesse Is A Cooperative Housing Society & Derives Income House Property & Interest From Bank & Provides Credit Facilities To Its Members. The Assessee Has Filed The Return Of Income For The A.Y 2015-16 Electronically On 26.10.2015 Disclosing A Total Income Of Rs.43,08,320/- After Claiming Deduction U/S 80P(2)(D) Of The Act Of Rs.85,80,391/-In Respect Of Interest Income Received On Deposits With Co-Op Banks. The Return Of Income Was Processed U/S 143(1) Of The Act. Subsequently The Case Was Selected For Limited Scrutiny Through Cass For Verification Of (I)Income From Heads Of Income Other Than Business/Profession Mismatch(Ii)Sales Turnover Mismatch & (Iii) Deduction Under Chapter Vi-A. The Assessing Officer (A.O.) Issued Notice U/S 143(2) & 142(1) Of The Act Along With The Questionnaire. In Compliance, The Ld.Ar Of The Assessee Appeared From Time To Time, Produced The Books Of Accounts & Submitted The Relevant Details & Documents & The Case Was Discussed.

Tribunal decisions were the co-operative society receives/earns interest on deposits with the co- operative bank is eligible for claim of deduction under section 80(2)(d) of the Act. We find that the Pr.CIT has not considered the facts that the A.O has called for the information