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“Section 56(2)”

Section References (mined)Section 56Section 56(2)1,770 judgments

The decision most relied on for Section 56(2) is Totgars Co-operative Sale Society Ltd. v. ITO (322 ITR 283), cited in 1,283 judgments on BharatTax.

Leading authorities on Section 56(2)

Totgars Co-operative Sale Society Ltd. v. ITO
322 ITR 283 · 2010 · Supreme Court
1,283
citing judgments

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.

Pr. CIT v. Totagars
395 ITR 611 · 2017 · High Court
1,074
citing judgments

Interest income earned by a cooperative society from surplus deposits or investments held with a cooperative bank is not eligible for deduction under Section 80P(2)(d) of the Act.

Mavilayi Service Co-operative Bank Ltd. v. CIT
431 ITR 1 · 2021 · Supreme Court
999
citing judgments

Section 80P(4) serves as a proviso to Section 80P(1) and (2), excluding only cooperative banks that are cooperative societies and possess an RBI license for banking business. Its purpose is to exclude cooperative banks operating like commercial banks that lend money to the public.

CIT v. Sunbeam Auto Ltd.
332 ITR 167 · 2011 · High Court
897
citing judgments

The Commissioner cannot revise an assessment under Section 263 merely because the assessment order does not explicitly reflect an inquiry, or because the Commissioner holds a different opinion. An inquiry, even if considered inadequate, or an assessment based on a plausible view by the Assessing Officer after due examination, does not automatically make the order erroneous or prejudicial to the interests of the revenue.

Tumkur Merchants Souharda Credit Cooperative Ltd. v. ITO
230 Taxmann 309 · 2015 · High Court
527
citing judgments

A cooperative society is eligible for deduction under Section 80P(2)(a)(i) if it is engaged in cooperative activities. It also clarifies the allowability of deduction under Section 80P(2)(d) for interest income received from investments made in cooperative banks, after duly considering the Supreme Court's decision in Totgars Co-operative Sale Society Ltd.

Citizen Co-operative Society Ltd. v. ACIT
397 ITR 1 · 2017 · Supreme Court
499
citing judgments

A co-operative credit society engaged in banking business with the general public, accepting deposits from non-members and advancing loans to non-members, is treated as a co-operative bank. Such a society falls under the exclusionary clause of Section 80P(4) and is not eligible for deduction under Section 80P(2)(a)(i).

Totgar's Co-operative Sale Society Ltd. v. ITO
188 Taxmann 282 · 2010 · Supreme Court
486
citing judgments

Interest income earned by a co-operative society from investments, particularly with co-operative banks, is not eligible for deduction under Section 80P as it is not attributable to the core business activities of the society and constitutes "other income", not "profits and gains of business".

ITO v. D.G. Housing Projects Ltd.
343 ITR 329 · 2012 · High Court
438
citing judgments

For exercising revisional jurisdiction under Section 263, the Commissioner must first find that the Assessing Officer's order is erroneous and unsustainable in law, as this is a condition precedent. An order is not erroneous merely because two views are possible, or if the Commissioner disagrees with the Assessing Officer's permissible view, or to simply remit the matter for further enquiries.

Judgments citing Section 56(2)

Sanjay Sharma, Gwalior vs. ITO 3(2), Gwalior, Ayaker Bhavan City Centre

The appeal stand allowed for statistical purposes

ITA 25/AGR/2024[2014-15]Status: DisposedITAT Agra22 Apr 2025AY 2014-15

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No. 25/Agr/2024 (िनधा"रणवष" / Assessment Year:2014-15) Shri Sanjay Sharma Income-Tax Officer, बनाम/ 51, Pg Enclave, Patel Nagar, Ward 3(2), Gwalior. Vs. City Centre, Gwalior (Mp). "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aubps-3595-D (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. S.C. Jain, Ca – Ld. Ar " थ"कीओरसे/Respondent By : Sh. Shailender Shrivastava – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 20-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 22.04.2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2014-15 Arises Out Of An Order Passed By Learned Commissioner Of Income Tax (Appeals), Nfac, Delhi [Cit(A)] On 21-11-2023 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) Of The Act On 28-12-2016. The Assessee Provides Services Of Supervision & Quality Control. In The Assessment Order, Ld. Ao Assessed Total Income At Rs.45.48 Lacs After Various Additions / Disallowances. The Ld. Cit(A) Confirmed The Assessment Against Which The Assessee Is In Further Appeal Before Us. The Grievance Of The Assessee Is – (I) Addition Of Unaccounted Expenditure For Rs.20.88 Lacs; (Ii) Addition Of Sundry Creditors U/S 68 For Rs.13.50 Lacs; (Iii) Addition U/S 56(2) For Rs.1.43 Lacs. It Could Also Be Seen That The Assessee Has Not Made Any Representation During First

For Appellant: Sh. S.C. Jain, CA – Ld. ARFor Respondent: Sh. Shailender Shrivastava – Ld. Sr. DR
Section 143(3)Section 56(2)Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, AGRA BEFORE HON’BLE SHRI SATBEER SINGH GODARA, JM AND HON’BLE

Income Tax Officer -42(1)(3), Mumbai, Kautilya Bhavan, Bkc, Bandra vs. Krishna Deep Builders, Mumbai

In the result, the appeal filed by the assessee is allowed and the appeal filed by the revenue is dismissed

ITA 6240/MUM/2024[2017-18]Status: DisposedITAT Mumbai17 Apr 2025AY 2017-18

Bench: Ms. Kavitha Rajagopal, Jm & Smt. Renu Jauhri, Am Krishna Deep Builders Ito Ward – 42(1)(3) B/203, 2Nd Floor, Goyal Shopping Arcade, Room No. 715, Kautilya Bhavan, C- Opp. Railway Station, S. V. Road, Vs. 41 To C-43, G Block, Bandra Kurla Borivali, West, Mumbai – 400092. Complex, Bandra (East), Mumbai – 400051. Pan/Gir No. Aaafk375Q (Assessee) : (Respondent) Ito Ward – 42(1)(3) Krishna Deep Builders Room No. 715, Kautilya Bhavan, C-41 To B/203, 2Nd Floor, Goyal Shopping C-43, G Block, Bandra Kurla Complex, Vs. Arcade, Opp. Railway Station, S. V. Bandra (East), Mumbai – 400051. Road, Borivali, West, Mumbai – 400092. Pan/Gir No. Aaafk375Q (Assessee) : (Respondent) : Shri. Ajay Singh Assessee By Respondent By : Shri. Hemanshu Joshi (Sr. Dr) Date Of Hearing : 20.01.2025 Date Of Pronouncement : 17.04.2025 O R D E R Per Kavitha Rajagopal, J M: These Are Cross Appeals Filed By The Revenue & The Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Delhi (‘Ld. Cit(A)’ For Short), National Faceless Appeal Centre (‘Nfac’ For Short) Passed U/S.250 Of The

For Respondent: Shri. Hemanshu Joshi (Sr. DR)
Section 144Section 147Section 148Section 148ASection 250Section 56(2)Section 56(2)(vi)Section 56(2)(vii)Section 69Section 69A

lacs which is lesser than the stamp value of the property alleged to be Rs. 1,12,78,500/- as per Section 56(2) of the Act. The assessee filed its return of income in response to notice u/s. 148, declaring total income at Rs. Nil. The learned Assessing Officer

Krishna Deep Builders, Mumbai vs. Income Tax Officer Ward-42(1)(3), Mumbai

In the result, the appeal filed by the assessee is allowed and the appeal filed by the revenue is dismissed

ITA 5768/MUM/2024[2017-18]Status: DisposedITAT Mumbai17 Apr 2025AY 2017-18

Bench: Ms. Kavitha Rajagopal, Jm & Smt. Renu Jauhri, Am Krishna Deep Builders Ito Ward – 42(1)(3) B/203, 2Nd Floor, Goyal Shopping Arcade, Room No. 715, Kautilya Bhavan, C- Opp. Railway Station, S. V. Road, Vs. 41 To C-43, G Block, Bandra Kurla Borivali, West, Mumbai – 400092. Complex, Bandra (East), Mumbai – 400051. Pan/Gir No. Aaafk375Q (Assessee) : (Respondent) Ito Ward – 42(1)(3) Krishna Deep Builders Room No. 715, Kautilya Bhavan, C-41 To B/203, 2Nd Floor, Goyal Shopping C-43, G Block, Bandra Kurla Complex, Vs. Arcade, Opp. Railway Station, S. V. Bandra (East), Mumbai – 400051. Road, Borivali, West, Mumbai – 400092. Pan/Gir No. Aaafk375Q (Assessee) : (Respondent) : Shri. Ajay Singh Assessee By Respondent By : Shri. Hemanshu Joshi (Sr. Dr) Date Of Hearing : 20.01.2025 Date Of Pronouncement : 17.04.2025 O R D E R Per Kavitha Rajagopal, J M: These Are Cross Appeals Filed By The Revenue & The Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Delhi (‘Ld. Cit(A)’ For Short), National Faceless Appeal Centre (‘Nfac’ For Short) Passed U/S.250 Of The

For Respondent: Shri. Hemanshu Joshi (Sr. DR)
Section 144Section 147Section 148Section 148ASection 250Section 56(2)Section 56(2)(vi)Section 56(2)(vii)Section 69Section 69A

lacs which is lesser than the stamp value of the property alleged to be Rs. 1,12,78,500/- as per Section 56(2) of the Act. The assessee filed its return of income in response to notice u/s. 148, declaring total income at Rs. Nil. The learned Assessing Officer