M/S KARNATAKA VIKAS GRAMEENA BANK,DHARWAD vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1), HUBBALLI

In the result, the appeal of assessee is partly allowed and the appeal of the revenue is dismissed

Bench: Shri George George K. & Shri Laxmi Prasad Sahuassessment Year : 2016-17

b. That there are three types of banks, i.e. scheduled banks, co - operative banks and Regional Rural Banks. c. The definition of cooperative bank for the purpose of 8oP is as per banking regulation act. d. The Banking regulation Act defines co operative bank as per NABARD, [See section 5 (cci) read with ccvii read with section

M/S. AMPAR CO-OPERATIVE AGRICULTURE SOCIETY LIMITED,UDUPI vs. INCOME-TAX OFFICER, WARD-1, UDUPI

In the result, the appeals of the Assessee for AY 2013-14 & 2014-15 are allowed while the appeal for AY 2015-16 is partly allowed

Bench: Shri Chandra Poojari & Smt. Madhumita Roy

TDS under law, such disallowance would ultimately increase assessee’s profits from business of developing housing project. The ultimate profits of assessee after adjusting disallowance under section 40[a][ia] of the Act would qualify for deduction under section 80IB of the Act. This view was taken by the courts in the following cases: [a] Income-tax Officer-Ward

M/S. AMPAR CO-OPERATIVE AGRICULTURE SOCIETY LIMITED,UDUPI vs. INCOME-TAX OFFICER, WARD-1, UDUPI

In the result, the appeals of the Assessee for AY 2013-14 & 2014-15 are allowed while the appeal for AY 2015-16 is partly allowed

Bench: Shri Chandra Poojari & Smt. Madhumita Roy

TDS under law, such disallowance would ultimately increase assessee’s profits from business of developing housing project. The ultimate profits of assessee after adjusting disallowance under section 40[a][ia] of the Act would qualify for deduction under section 80IB of the Act. This view was taken by the courts in the following cases: [a] Income-tax Officer-Ward

INCOME TAX OFFICER,WARD-1, HOSPET vs. GAYATRI PATTINA SOUHARDA SAHAKARI SANGHA NIYAMITHA, HOSPET, HOSPET

In the result appeal filed by the Revenue is partly allowed for statistical purposes

TDS on interest payments made to its members/deposit holders. Thus the addition made by the AO to the extent of Rs.1,68,68,976/- is not warranted and therefore the same was deleted.\niii) Further, as far as payments made on Audit fee of Rs.50,000/-\nand commission payment of Rs.5,12,299/-, the ld. CIT(A)/NFAC

SHARAVATHI PATHINA SAHAKARA SANGHA NIYAMITHA,SHIVAMOGGA vs. INCOME TAX OFFICER, WARD-5, BANGALORE

In the result, the appeals of the Assessee for AY 2013-14 &

Bench: Shri N. V. Vasudevan

1)(b) of Banking Regulation Act, 1949 as applicable to co-operative societies, no co- operative society would carry on banking business in India, unless it is a cooperative bank and holds a licence issued in that behalf by RBI. As opposed to this, a primary agricultural credit society is a co-operative society, primary object of which is provide

SHARAVATHI PATHINA SAHAKARI SANGHA NIYAMITHA,SHIVAMOGGA vs. INCOME TAX OFFICER,WARD-5, BANGALORE

In the result, the appeals of the Assessee for AY 2013-14 &

Bench: Shri N. V. Vasudevan

1)(b) of Banking Regulation Act, 1949 as applicable to co-operative societies, no co- operative society would carry on banking business in India, unless it is a cooperative bank and holds a licence issued in that behalf by RBI. As opposed to this, a primary agricultural credit society is a co-operative society, primary object of which is provide

SHARAVATHI PATHINA SAHAKARA SANGHA NIYAMITHA,SHIVAMOGGA vs. INCOME TAX OFFICER, WARD-5, BANGALORE

In the result, the appeals of the Assessee for AY 2013-14 &

Bench: Shri N. V. Vasudevan

1)(b) of Banking Regulation Act, 1949 as applicable to co-operative societies, no co- operative society would carry on banking business in India, unless it is a cooperative bank and holds a licence issued in that behalf by RBI. As opposed to this, a primary agricultural credit society is a co-operative society, primary object of which is provide

INCOME TAX OFFICER WARD-1, BAGALKOT vs. SHRI BAPOOJI PATTIN SOUHARD SAHAKARI NIYAMIT , BAGALKOT

Bench: Shri Inturi Rama Rao & Shri Laliet Kumarassessment Year : 2013-14

TDS provisions are not applicable. 5. The revenue is in appeal before us contesting only against the finding of the CIT(Appeals) allowing the benefit u/s. 80P of the I.T. Act. The ld. Sr.DR vehemently contended that the respondent-assessee co- operative society is not eligible for deduction for the benefit of section 80P as it is engaged

SHRI MAHAVEER CO-OPERATIVE CREDIT SOCIETY LTD,ALAGUR vs. INCOME TAX OFFICER, ALAGUR

In the result, the appeal by the assessee is allowed for statistical purposes\nPronounced in the open court on this 25th day of July, 2025

TDS, therefore\n30% of 75,000 i.e., Rs.22,500 was further disallowed. Accordingly assessment\norder was passed u/s.143(3) of the Act on 29.11.2018. Accordingly, total income\nof was computed at Rs.19,33,151/-.\n4.\nThe assessee aggrieved with the same, preferred appeal before the ld. CIT(A). It\nwas submitted that the amount of investment made by the assessee

ACIT, HUBLI vs. KARNATAKA VIKAS GRAMEEN BANK, DHARWAD

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

Bench: Shri N.V Vasudevan & Shri Jason P Boaz

80P; (e) “housing finance company” means a public company formed or registered in India with the main object of carrying on the business of providing long-term finance for construction or purchase of houses in India for residential purposes; (f) “public company” shall have the meaning assigned to it in section 3 of the Companies Act, 1956 (1

J.C.I.T vs. M/S CANARA BANK,

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

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

b) the sum so arrived at in the case of each such branch shall be divided by the number of months for which the outstanding advances have been taken into account for the purposes of clause (a) ; (c) the aggregate of the sums so arrived at in respect of each of the rural branches shall be the aggregate average advances

JOINT COMMISSIONER OF INCOME TAX,, BANGALORE vs. M/S CANARA BANK, BANGALORE

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

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

b) the sum so arrived at in the case of each such branch shall be divided by the number of months for which the outstanding advances have been taken into account for the purposes of clause (a) ; (c) the aggregate of the sums so arrived at in respect of each of the rural branches shall be the aggregate average advances

CANARA BANK,BANGALORE vs. JCIT, BANGALORE

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

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

b) the sum so arrived at in the case of each such branch shall be divided by the number of months for which the outstanding advances have been taken into account for the purposes of clause (a) ; (c) the aggregate of the sums so arrived at in respect of each of the rural branches shall be the aggregate average advances

CANARA BANK,BANGALORE vs. JCIT, BANGALORE

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

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

b) the sum so arrived at in the case of each such branch shall be divided by the number of months for which the outstanding advances have been taken into account for the purposes of clause (a) ; (c) the aggregate of the sums so arrived at in respect of each of the rural branches shall be the aggregate average advances

CANARA BANK vs. ADDL.C.I,.T,

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

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

b) the sum so arrived at in the case of each such branch shall be divided by the number of months for which the outstanding advances have been taken into account for the purposes of clause (a) ; (c) the aggregate of the sums so arrived at in respect of each of the rural branches shall be the aggregate average advances

SHREE BASAVESHWAR CREDIT CO-OP SOCIETY LIMITED,HUNGUND vs. INCOME-TAX OFFICER, WARD-1, BAGALKOT

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

1,00,000/-was paid in the following year and the recipient has already offered the same to tax and thus no Page 3 of 9 disallowance ought to have been made in the hands of the appellant, on the facts and circumstances of the case. The appellant denies itself to pay interest under section 234A, 234B 6. and section

SRI SRI VAISHNAVI PATTINA SOUHARDHA SAHAKARI SANGHA NIYAMITHA,GANGAVATHI vs. ITO WARD 1, KOPPAL, KOPPAL

In the result, appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubeyassessment Year : 2017-18 Sri Sri Vaishnavi Pattina Souharda Sahakari Vs. Ito, Sangha Niyamita, Ward – 1, Shop No.9 T.A.P.C.M.S Complex, Koppal. C.B.S Gunj Gangavathi Dt- Koppal 583227,Karnataka. Pan : Aalas 9104 P Appellant Respondent Assessee By : Shri. Deepak, Ca Revenue By : Shri. Ashwin D Gowda, Addl. Cit(Dr)(Itat), Bangalore. Date Of Hearing : 28.07.2025 Date Of Pronouncement : 31.07.2025

B” BENCH : BANGALORE BEFORE SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER AND SHRI KESHAV DUBEY, JUDICIAL MEMBER Assessment Year : 2017-18 Sri Sri Vaishnavi Pattina Souharda Sahakari Vs. ITO, Sangha Niyamita, Ward – 1, Shop No.9 T.A.P.C.M.S Complex, Koppal. C.B.S Gunj Gangavathi Dt- Koppal 583227,Karnataka. PAN : AALAS 9104 P APPELLANT RESPONDENT Assessee by : Shri. Deepak, CA Revenue by : Shri. Ashwin

ITO, SIRSI vs. THE TOTAGARS CO-OPERATIVE SALE SOCIETY, SIRSI

In the result, the appeals of the revenue as well as the cross objections of the assessee are dismissed

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

1. The order of CIT(A) is opposed to law and facts of the case. 2. Whether, on facts & circumstances of the case, the learned CIT(A) is correct in allowing the claim of the assessee for deduction u/s 80P(2)(d) by relying on the judgment of the ITAT in the case of M/s.Markamba Mahila Co- operative Credit Society