SARDAR NAGRIK SAHAKARI BANK LTD.,,VADODARA vs. ITO, WARD 3(1)(3),, BARODA

In the result, the appeal of the assessee is partly allowed

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita Nos.2156 & 2157/Ahd/2017 "नधा"रण वष"/Asstt. Years: 2013-2014 & 2014-2015 Sardar Nagrik Sahakari Bank Ltd Ito, ‘’B’’, Alankar Apartment, Ward 3(1)(3), Vs. Parkarwada, Dandia Bazar, Baroda. Vadodara. Pan: Aaabt2648D

disallowance of ₹15,14,410/- under section 80P of the Act. 5. Briefly stated facts are that the assessee in the present case is a co- operative society engaged in the activity of financing to its members. The assessee under the year consideration has claimed deduction under section 80P(2)(a)(i) of the Act amounting

DHANLAXMI CREDIT CO. OP. SOCIETY LTD.,MEHSANA vs. THE ITO, WARD-2, PATAN

In the result, Ground Number 3 of the appeal of the assessee is allowed

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

disallowed against the assessee on merits, by way of an alternate claim, the assessee is eligible for claim of basic deduction of ₹ 50,000/- under section 80P(2)(c

GANDHINAGAR DISTRICT CO.OP.MILK PRODUCERS UNION LIMITED,GANDHINAGAR vs. THE ACIT, CIRCLE GANDHINAGA, GANDHINAGAR

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

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.513/Ahd/2023 िनधा"रण वष" /Assessment Year : 2020-21 Gandhinagar District Co- The Asst.Cit बनाम/ Op.Milk Producers Union Ltd. Circle, Gandhinagar V/S. K. Road, Gidc Electronics Estate Sector-25, Gandhinagar Gujarat – 382 024 "थायी लेखा सं./Pan: Aaajg 1061 B (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Shri Tushar Hemani, Sr.Advocate & Shri Parimalsinh B. Parmar, Ar Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 25/09/2024 घोषणा की तारीख /Date Of Pronouncement: 03/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

Sections 80P(2)(d) and 80P(2)(c) of the Act and the treatment of a government grant as revenue income. 6.1. Ground numbers 1,2,3 and 5 deal with deduction u/s 80P of the Act. The main contention in this set of grounds pertain to the disallowance

BALASINOR ROAD TRANSPORT CO. OP. SOCIETY LTD.,,MAHISAGAR vs. THE INCOME TAX OFFICER,, LUNAWADA

In the result appeal of the assessee is hereby partly allowed

Bench: Shri Waseem Ahmed & Shri Siddharatha Nautiyalआयकर अपील सं./Ita Nos. 39-40/Ahd/2022 िनधा"रण वष"/Asstt. Years: (2014-2015 & 2015-2016) Balasinor Road Transport Co-Op. Income Tax Officer, Society Ltd., Vs. Lunawada. Rajpuri Gate, Balasinor, Dist. Mahisagar-388255. Pan: Aaaab5121G

2)(c) of the Act ought to be granted to the appellant. 4. The appellant craves leave to add, alter, amend any ground of appeal. 3. The only issue raised by the assessee is that the learned CIT-A erred in confirming the order of the AO by sustaining the disallowance of the deduction claimed by the assessee under section

BALASINOR ROAD TRANSPORT CO. OP. SOCIETY LTD.,,MAHISAGAR vs. THE INCOME TAX OFFICER,, LUNAWADA

In the result appeal of the assessee is hereby partly allowed

Bench: Shri Waseem Ahmed & Shri Siddharatha Nautiyalआयकर अपील सं./Ita Nos. 39-40/Ahd/2022 िनधा"रण वष"/Asstt. Years: (2014-2015 & 2015-2016) Balasinor Road Transport Co-Op. Income Tax Officer, Society Ltd., Vs. Lunawada. Rajpuri Gate, Balasinor, Dist. Mahisagar-388255. Pan: Aaaab5121G

2)(c) of the Act ought to be granted to the appellant. 4. The appellant craves leave to add, alter, amend any ground of appeal. 3. The only issue raised by the assessee is that the learned CIT-A erred in confirming the order of the AO by sustaining the disallowance of the deduction claimed by the assessee under section

THE ITO, SABARKANTHA WARD-3, SABARKANTHA vs. THE SABARKANTHA DIST. PURCHASE & SALES UNION LTD.,, SABARKANTHA

In the result, appeal filed by the department is dismissed

Bench: Shri N.K. Billaiya, Accountant Mem Ber & Shri Mahavir Prasad

section 80P(2)(C), 80P(2)(e), 80P(2)(d) And 80P(2)(iv) which is allowable as per statute and therefore the question of disallowance

THE BANAS DAIRY EMPLOYEES CREDIT & SUPPLY CONSUMERS CO.,OP. SOCIETY LTD.,,BANASKANTHA vs. THE ACIT,B.K.CIRCLE,, PALANPUR

In the result, appeal of the assessee is partly allowed

Bench: Shri Waseem Ahmed & Shri Siddharatha Nautiyalआयकर अपील सं./Ita No. 3/Ahd/2022 िनधा"रण वष"/Asstt. Year: 2017-2018 Banas Dairy Employees Credit & Supply A.C.I.T., Consumers Co-Op. Society Limited, Vs. B.K. Circle, Banas Dairy, Palanpur. Palanpur, Banaskantha-385001. Pan: Aaaab0631R

disallowance of the deduction claimed by the assessee under section 80P(2)(d) of the Act with respect to the interest income from the Nationalized banks/co-operative banks. 4. The facts in brief are that the assessee in the present case is a co-operative society and engaged in the business of providing credit facilities to its members. The assessee

THE MAHALAXMI CREDIT CO. OP. SOCIETY LTD.,,KHEDA vs. THE ITO, WARD- 3,, NADIAD

In the result, the appeal of the assessee is dismissed

disallowance u/s 80p(2)(d) of the act.” 3. The fact in brief is that assessee has filed return of income declaring income of Rs. nil on 17th Sep, 2015 after claiming deduction u/s. 80P at Rs. 19,49,051/-. The case was subject to scrutiny assessment and notice u/s. 143(2) of the act was issued on 27th July

M/S. LAXMI BACHAT SHARAFI SAHKARI MANDALI LTD.,AHMEDABAD vs. THE PR. CIT-3, AHMEDABAD

In the result, appeal of the assessee is allowed

Bench: Smt.Annapurna Gupta & Smt. Madhumita Royassessment Year : 2014-15

disallowability of the claim of deduction as per a different provision i.e 80P(2)(d) of the Act. The ld.DR was unable to demonstrate that the assessee was issued notice prior to holding the assessment order being erroneous on account of allowing deduction of interest income u/s 80P(2)(a)(i) of the Act. We have noted that the assessee

MEHSANA TALUKA MADHYAMIK TEACHERS CREDIT & CONSUMERS SAHAKARI MANDALI LTD,MEHSANA vs. THE ITO, WARD-2, PRESENT WARD-1, MEHSANA

In the result, appeal of the assessee is partly allowed

Bench: Shri Waseem Ahmed (Accountant Member), Ms. Madhumita Roy (Judicial Member)

disallowance of the deduction claimed by the assessee under section 80P(2)(d) of the Act with respect to the interest income from the co- operative banks. 4. The facts in brief are that the assessee in the present case is a co-operative society and engaged in the business of providing credit facilities to its members. The assessee

SHREE UTKARSH CO OP CREDIT SOCIETY LTD.,MEHSANA vs. THE ITO, WARD-4, PATAN

In the result, appeal of the assessee is partly allowed

Bench: Shri Waseem Ahmed & Shri Siddharatha Nautiyalआयकर अपील सं./Ita No. 315/Ahd/2021 िनधा"रण वष"/Asstt. Year: 2017-2018 Shree Utkarsh Co-Op Credit Society I.T.O., Limited, Vs. Ward-4, Nani Shop No.35, Patan. Gate No.2, Unjha, Mehasana-384170. Pan: Aalas9670G

disallowance of the deduction claimed by the assessee under section 80P(2)(d) of the Act with respect to the interest income from the co-operative banks. 5. The facts in brief are that the assessee in the present case is a co-operative society and engaged in the business of providing credit facilities to its members. The assessee

THE UTTAR GUJARAT UMA CO.OP.CREDIT SOC. LTD,AHMEDABAD vs. ITO, WARD-6(1)(5), AHMEDABAD

In the result, appeal of the assessee is partly allowed

Bench: Shri Pradip Kumar Kedia & Shri Mahavir Prasadआयकर अपील सं./I.T.A. Nos. 1670 & 1671/Ahd/2018 ("नधा"रण वष" / Assessment Year : 2014-15 & 2015-16)

c) of the Act is available only on account of income/profits arising from business activity. However, this requirement is not applicable under s.80P(2)(d) of the Act where whole of the income arising from interest or dividend etc. is allowable without such limitation of business activity. This cardinal difference of overwhelming nature was not brought to the notice

BARODA CITIZEN COMMUNITY CO. OP. CREDIT SCOIETY LTD.,,VADODARA vs. THE ITO, WARD-1(2)(2), VADODARA

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

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita Nos. 996 & 1051/Ahd/2019 िनधा"रण वष"/Asstt. Years: 2013-14 & 2014-15 Baroda Citizen Community Co-Op. Credit I.T.O, Society Ltd., Vs. Ward-1(2)(2), 203, 2Nd Floor, Baroda. Ivory Terrace, R.C. Dutt Road, Vadodara.

disallowance on ad hoc manner. Thus we direct the AO to work out the interest income on the deposits from the bank after deducting the corresponding expenses incurred by the assessee in generating the interest income. To our understanding such expenses have to be brought on record by the assessee based on cogent materials. ITA nos.996 & 1051 /AHD/2019 A.Ys

BARODA CITIZEN COMMUNITY CO. OP. CREDIT SCOIETY LTD.,,VADODARA vs. THE ITO, WARD-1(2)(2), VADODARA

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

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita Nos. 996 & 1051/Ahd/2019 िनधा"रण वष"/Asstt. Years: 2013-14 & 2014-15 Baroda Citizen Community Co-Op. Credit I.T.O, Society Ltd., Vs. Ward-1(2)(2), 203, 2Nd Floor, Baroda. Ivory Terrace, R.C. Dutt Road, Vadodara.

disallowance on ad hoc manner. Thus we direct the AO to work out the interest income on the deposits from the bank after deducting the corresponding expenses incurred by the assessee in generating the interest income. To our understanding such expenses have to be brought on record by the assessee based on cogent materials. ITA nos.996 & 1051 /AHD/2019 A.Ys

SHREE RAM CO.-OP. CREDIT SOCIETY LTD.,,DAHOD vs. THE INCOME TAX OFFICER, WARD-1,, VADODARA

In the result, the appeal of the assessee is dismissed

section 80P(2)(a)(i) of the act, and the interest derived by depositing surplus funds with the nationalized bank not being attributable to the business carried on by the assessee and the same cannot be deducted u/s. 80P(2)(a)(i). We have perused all the judicial pronouncements referred by the assessee, however, we find that

INDUSTRIAL CO. OPERATIVE CREDIT SOCIETY LTD.,,KHEDA vs. THE PR. CIT-2,, VADODARA

In the result, the tax appeals are dismissed

Bench: Shri Rajpal Yadav, Vice- & Shri Waseem Ahmedआयकर अपील सं./ Ita No.1064/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2012-13 Industrial Co-Operative Credit Vs. The Pr.Cit-2 Society Ltd. Vadodara. At-Kanjari, Anand-Nadiad Road Ta. : Nadiad, Dist: Kheda Pan : Aaaai 7424 B

80P(2)(a)(i) in respect of interest income earned by it from the banks. This claim was disallowed by the AO in his assessment order passed under section 143(3) on 10.2.2015. The issue was further agitated by the assessee before the ld.first appellate authority, who, however, allowed claim of the assessee vide order dated 28.12.2015. This appellate order

THE ACIT,B.K.CIRCLE,, PATAN vs. THE PEOPLE'S CO,OP.CREDIT SOCIETY LTD.,, DEESA

In the result, all the appeals as also the cross-objections are dismissed

C Shah for the respondent & cross-objector Date of concluding the hearing : January 23, 2019 Date of pronouncement : April 18, 2019 O R D E R Per Bench : 1. This special bench has been constituted by the then Hon’ble President to decide the following questions:- “(1) Whether the assessee being a co-operative credit society, in view

THE ACIT,B.K.CIRCLE,, PALANPUR vs. THE SAMARPAN CO.OP. CREDIT SOCIETY LTD.,, BANASKANTHA

In the result, all the appeals as also the cross-objections are dismissed

C Shah for the respondent & cross-objector Date of concluding the hearing : January 23, 2019 Date of pronouncement : April 18, 2019 O R D E R Per Bench : 1. This special bench has been constituted by the then Hon’ble President to decide the following questions:- “(1) Whether the assessee being a co-operative credit society, in view