THE MULLANPUR GARIBDAS CO-OP MULTIPURPOSE SOCIETY,MOHALI vs. DCIT, C-6(1), MOHALI

Bench: SHRI A.D.JAIN (Vice President), SHRI KRINWANT SAHAY (Accountant Member)

disallowed deduction under section 80P on the interest income earned from the FDs maintained in the banks. It was stated that however, the assessee was not eligible for deduction under section 80P on this interest income. It was stated that the issue had not been examined by the AO, nor the assessee had offered any detail regarding claiming deduction

THE BALDUHAK CO-OPERATIVE AGRICULTURE SERVICE SOCIETY LTD.,HAMIRPUR vs. ITO, WARD, HAMIRPUR

Bench: Us Are That The Assessee Is A Cooperative

section 80P(2)(d) of the Act and same was disallowed and the income was brought to tax under the head “income from other sources”. 5. Being aggrieved, the assessee carried the matter in appeal before the Ld. CIT(A), NFAC Delhi who has upheld the order of the AO stating that he has relied on the decision

THE JAGADHRI CO-OPERATIVE MARKETING CUM PROCESSING SOCIETY LTD.,JAGADHRI vs. THE PR.CIT, PANCHKULA

In the result, the appeal of the assessee is allowed

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

1-4-2007 where the provisions of sec. 80P are no more applicable in the case of a co-operative bank other than a primary agricultural credit society or a primary co-operative agricultural and rural development bank. As per the ld PCIT, the aforesaid amendment does not jeopardise the claim of deduction of a co-operative society under Section

THE MANDEBAR PRIMARY AGRICULTURE CO-OPERATIVE SOCIETY LIMITED,YAMUNANAGAR vs. ITO, WARD -5, YAMUNA NAGAR

Bench: Us Are That The Assessee Is A Primary Agricultural Cooperative Society Engaged In Providing Credit Facilities To Its Members For Agricultural Operations & Procurement Of Fertilizers For The Purpose Of Supplying It To Its Members. 3.1 During The Year Under Consideration, It Filed Its Return Of Income Claiming Deduction Under Section 80P Amounting To Rs. 40,87,123/- & Which Includes Deduction Amounting To Rs. 29,44,171/- In Respect Of Interest Income On Deposits Placed With Yamunanagar District Central Cooperative Bank.

section 80P(2)(d) of the Act. 3.3 Here, it is relevant to examine the reasoning adopted by the AO while disallowing the said claim. Referring to the Hon’ble Supreme Court decision in case of Totagars Co-operative sale society Ltd. 322 ITR 283, the AO held that the assessee has earned interest income on surplus funds deposited with

THE AMBALA CO-OP MARKETING CUM PROCESSING SOCIETY LTD,AMBALA vs. ITO WARD-1 AMBALA, AMBALA CANTT

disallowance of deduction amounting to Rs. 16,21,458/- under section 80P(2)(d) of the Act, 2. None appeared on behalf of the assessee nor has any adjournment application been filed. Considering the issue involved in the matter, it was decided to proceed based on the written submissions dt. 31/07/2025 filed by the assessee’s Counsel, Shri Sanjeev Mishra

THE LANJANI CO-OPERATIVE AGRI SERVICE SOCIETY LIMITED,KANGRA vs. DCIT,CPC/ITO-WARD-, DHARAMSHALA

In the result, the appeals of the assessees are allowed

disallowance of deduction claimed under section 80P of the Income Tax Act, 1961 and that too under section 143(1

THE CHAPLAH CO-OPERATIVE AGRICULTURAL SERVICE SOCIETY LTD,VPO CHOULI vs. LD. DCIT , CPC, CPC, BENGALURU

In the result, appeal of the Assessee is allowed

Bench: The Tribunal Against The Order Dt 25.04.2023 Of Ld. Commissioner Of Income Tax(Appeals), National Faceless Appeal Centre (Nfac), Delhi.

80P, the return of income was to be filed before the due date as specified under sub-section (1) of Section 139. However, for the AO to insist upon the compliance by way of making a disallowance

THE BALOL CO-OPERATIVE AGRICULTURAL SERVICE SOCIETY LIMITED,KANGRA vs. ITO, WARD, DHARAMSHALA

In the result, the appeal of the assessee is allowed

80P disallowed by the AO in terms of the amendment carried out in Section 80AC by Finance Act, 2018 has been a subject matter of consideration of the ITAT wherein considering the amendments of Section 143(1

THE RUHRU CO-OPERATIVE AGRI SERVICE SOCIETY LIMITED,KANGRA vs. ITO WARD, DHARAMSHALA

In the result, the appeal of the assessee is allowed

80P, the return of income was to be filed before the due date as specified under sub-section (1) of Section 139. However, for the AO to insist upon the compliance by way of making a disallowance

THE SURARWAN GAGWAN CO-OPERATIVE AGRICULTURE SERVICE SOCIETY LIMITED ,SURARWAN vs. LD. DCIT, CPC, CPC, BENGALURU

In the result, the appeal of the Assessee is allowed

Bench: Dr Krinwant Sahay & Shri Paresh M. Joshiआयकर अपील सं./ Ita No. 46/Chd/2024 "नधा"रण वष" / Assessment Year : 2017-18 The Surarwan Gagwan Co- Vs. The Ito, Operative Agriculture Service बनाम Ward, Society Limited, Nurpur (Palampur ) Surarwan Indora H.P. "थायी लेखा सं./Pan No: Aaact8925A अपीलाथ"/ Appellant ""यथ"/ Repsondent (Virtual Hearing) "नधा"रती क" ओर से/Assessee By : Sh. Vishan Mohan, Sr. Advocate With Sh Aditya Sood, Adv. राज"व क" ओर से/ Revenue By : Shri Dharam Vir, Jcit, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 25.07.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 29.07.2024

80P, the return of income was to be filed before the due date as specified under sub-section (1) of Section 139. However, for the AO to insist upon the compliance by way of making a disallowance

THE JYOTI CO-OPERATIVE NON AGRICULTURAL THRIFT & CREDIT SOCIETY LTD.,SIRMOUR vs. ITO, WARD, NAHAN

In the result, the assessee is not eligible for deduction on interest on deposits placed with scheduled commercial banks under section 80(P)(2)(a)(i) of the Act and the appeal of the assessee is di...

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member)

1) shall be the following, namely: (a) in the case of a co-operative society engaged in- (i) Carrying on the business of banking or providing credit facilities to its members, or xxx (d) in respect of any income by way of interest or dividends derived by the cooperative society from its investments with any other co-operative society

THE JYOTI CO-OPERATIVE NON AGRICULTURAL THRIFT & CREDIT SOCIETY LTD.,SIRMOUR vs. ITO, WARD, NAHAN

In the result, the assessee is not eligible for deduction on interest on deposits placed with scheduled commercial banks under section 80(P)(2)(a)(i) of the Act and the appeal of the assessee is di...

1) shall be the following, namely: (a) in the case of a co-operative society engaged in- (i) Carrying on the business of banking or providing credit facilities to its members, or xxx (d) in respect of any income by way of interest or dividends derived by the cooperative society from its investments with any other co-operative society

THE JYOTI CO-OPERATIVE NON AGRICULTURAL THRIFT & CREDIT SOCIETY LTD.,SIRMOUR vs. ITO, WARD, NAHAN

In the result, the assessee is not eligible for deduction on interest on deposits placed with scheduled commercial banks under section 80(P)(2)(a)(i) of the Act and the appeal of the assessee is di...

Bench: SHRI. VIKRAM SINGH YADAV, AM आयकर अपील सं . / ITA No.160, 161 & 162/ Chd/2023 निर्धारण वर्ष / Assessment Year : 2017-18, 2012-13 & 2013-14 The Jyoti Co-operative Non Agricultural Thrift & Credit Society Ltd. Sirmour, Solan, HP-173025 स्थायी लेखा सं. / PAN NO: AAABT1453G अपीलार्थी/Appellant बनाम The ITO H.P Ward-Nahan, Sirmour प्रत्यर्थी/Respondent निर्धारिती की ओर से/Assessee by : Shri Vishal Mohan, Sr. Advocate with Shri Parveen Sharma, Advocate राजस्व की ओर से / Revenue by : Dr. Ranjeet K

1) shall be the following, namely: (a) in the case of a co-operative society engaged in- (i) Carrying on the business of banking or providing credit facilities to its members, or xxx (d) in respect of any income by way of interest or dividends derived by the cooperative society from its investments with any other co-operative society

ASSISTANT COMMISSIONER OF INCOME TAX, PANCHKULA CIRCLE, PANCHKULA, PANCHKULA vs. HARYANA STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED, PANCHKULA

In the result, the present appeal of the Revenue is allowed for statistical purposes

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

section 80P(2)(e). (iii) The AO shall verify the amount of dividend received and the expenditure disallowed by the assessee suo motu. If the AO proposes to make any further disallowance under Rule 8D, he must do so after reducing the amount already disallowed by the assessee to avoid duplication. (iv) The AO shall grant adequate opportunity of being

ASSISTANT COMMISSIONER OF INCOME TAX, PANCHKULA CIRCLE, PANCHKULA, PANCHKULA vs. HARYANA STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LTD, PANCHKULA

In the result, the present appeal of the Revenue is allowed for statistical purposes

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

section 80P(2)(e). (iii) The AO shall verify the amount of dividend received and the expenditure disallowed by the assessee suo motu. If the AO proposes to make any further disallowance under Rule 8D, he must do so after reducing the amount already disallowed by the assessee to avoid duplication. (iv) The AO shall grant adequate opportunity of being

ASSISTANT COMMISSIONER OF INCOME TAX, PANCHKULA CIRCLE, PANCHKULA, PANCHKULA vs. HARYANA STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LTD, PANCHKULA

In the result, the present appeal of the Revenue is allowed for statistical purposes

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

section 80P(2)(e). (iii) The AO shall verify the amount of dividend received and the expenditure disallowed by the assessee suo motu. If the AO proposes to make any further disallowance under Rule 8D, he must do so after reducing the amount already disallowed by the assessee to avoid duplication. (iv) The AO shall grant adequate opportunity of being

ITO, W-6(3), MOHALI vs. THE STAR CO-OPERATIVE LABOUR & CONSTRUCTION SOCIETY LTD., MOHALI

Appeal of the Revenue is dismissed

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

disallowance u / s 80P(2)(a)(vi) of the Act by relying upon CIT vs Uralungal Labour Contract Society in ITA No. 1722 of 2009 dated 29 Oct 2009, but the facts of this case are distinguishable since in the case referred supra, the income earned was found to be attributable to labour inputs and not trading and the quantum

THE MANOH COOPERATIVE AGRICULTURE SERVICE SOCIETY LTD.,VILLAGE MANOH, DISTT HAMIRPUR vs. ITO, WARD, HAMIRPUR

In the result, the appeal is allowed

Bench: the Ld. CIT(A) who has sustained the said action of the CPC/JAO.

disallowance in compliance with first proviso to Section 143(1)(a) of the Act and has straight away made the adjustment by way of denial of claim of deduction under section 80P