M/S APEX TRANSWORLD PRIVATE LIMITED,CHENNAI vs. DCIT CC-1(1), CHENNAI

In the result, appeal filed by the assessee is dismissed

Bench: Shri Mahavir Singh, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.932/Chny/2020 िनधा"रण वष" /Assessment Year: 2011-12 V. M/S.Apex Transworld Pvt. Ltd., The Dy. Commissioner Of 38, 2Nd Main Road, Income Tax, R.A. Puram, Corporate Circle-1(1), Chennai-600 028. Chennai. [Pan: Aadca 7034 L] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Mr.K. Ramesh Babu, Ca ""यथ" क" ओर से /Respondent By : Mr. Ar.V.Sreenivasan, Addl.Cit सुनवाई क" तारीख/Date Of Hearing : 03.01.2023 घोषणा क" तारीख /Date Of Pronouncement : 11.01.2023

4,15,53,578 - - Short term capital loss - -82,55,578 - Sales consideration of building 2,66,55,000 - - 4th floor Less: Cost of acquisition 3,82,80,179 - - Short term capital loss - -1,15,25,179 - Total short term capital loss - - -1,98,80,757 Taxable long term capital gain - - 85,16,913 5.6 The assessee's fresh claim

SHRI T.N. RAJAMOHAN,CHENNAI vs. ACIT, CHENNAI

In the result, the assesse’s appeal is partly allowed

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaraman

section 80P(2)(d) of the Act. The Delhi High Court in the case of Mr. Vijay Gupta decided on 20.03.2016 referred to the decision of the :-7-: Supreme Court reported in 261 ITR 367 and the Apex Court in the said decision has held that if the assessee has by mistake or inadvertently or on account of ignorance included

THE INCOME TAX OFFICER, WARD -4, PUDUCHERRY vs. KALAPET PRIMARY AGRICULTURAL CO-OPERATIVE BANK LTD. , PONDICHERRY

In the result, the Revenue’s appeals are allowed for statistical purposes’’

Bench: Shri Abraham P. George & Shri Duvvuru Rl Reddy]

gains of the business attributable to such activity. Sub-section (4), inserted by Finance Act, 2006 w.e.f. 01.4.2007, provides that the provisions of sec. 80P shall not apply in relation to a ‘co- operative bank’ other than a ‘primary agricultural credit society’ or a ‘primary co-operative agricultural and rural development bank’. While the former two terms are to have

INCOME TAX OFFICER, CHENNAI vs. RAILWAY EMPLOYEES COOPERATIVE CREDIT SOCIETY LIMITED, CHENNAI

In the result, the both the appeals filed by the Revenue are dismissed

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunatha

capital, if not immediately required to be lent to the members, the society cannot keep the said amount idle. If they deposit this amount in bank so as to earn interest, the said interest income is attributable to the profits and gains of the business of providing credit facilities to its members only. The society is not carrying

INCOME TAX OFFICER, CHENNAI vs. RAILWAY EMPLOYEES COOPERATIVE CREDIT SOCIETY, CHENNAI

In the result, the both the appeals filed by the Revenue are dismissed

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunatha

capital, if not immediately required to be lent to the members, the society cannot keep the said amount idle. If they deposit this amount in bank so as to earn interest, the said interest income is attributable to the profits and gains of the business of providing credit facilities to its members only. The society is not carrying

SOUTHERN RAILWAY EMPLOYEES COOPERATIVE CREDIT SOCIETY LTD. ,TIRUCHIRAPPALLI vs. DCIT, CRICLE-1(1), TRICHY

In the result, appeal filed by the assessee is allowed

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

capital, if not immediately required to be lent to the members, the society cannot keep the said amount idle. If they deposit this amount in bank so as to earn interest, the said interest income is attributable to the profits and gains of the business of providing credit facilities to its members only. The society is not carrying

SOUTHERN RAILWAY EMPLOYEES COOPERATIVE CREDIT SOCIETY LTD.,TIRUCHIRAPALLI vs. DCIT, CIRLCE-1(1), TRICHY

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

Bench: SHRI MANU KUMAR GIRI (Judicial Member), SHRI JAGADISH (Accountant Member)

capital, if not immediately required to be lent to the members, the society cannot keep the said amount idle. If they deposit this amount in bank so as to earn interest, the said interest income is attributable to the profits and gains of the business of providing credit facilities to its members only. The society is not carrying

R. ANBUVEL RAJAN ,CHENNAI vs. ACIT, CENTRAL RANGE 1, CHENNAI, CHENNAI

In the result, both the appeals of the assessee stand allowed

Bench: Shri Aby T. Varkey & Shri Jagadish

4) of section 80P; (iii)"loan or deposit" (iii)"loan or deposit" means loan or deposit of money; (iv) "specified sum" means any sum of money receivable, whether as (iv) "specified sum" means any sum of money receivable, whether as (iv) "specified sum" means any sum of money receivable, whether as advance or otherwise, in advance or otherwise, in relation

R. ANBUVEL RAJAN ,CHENNAI vs. ACIT, CENTRAL RANGEL, CHENNAI, CHENNAI

In the result, both the appeals of the assessee stand allowed

Bench: Shri Aby T. Varkey & Shri Jagadish

4) of section 80P; (iii)"loan or deposit" (iii)"loan or deposit" means loan or deposit of money; (iv) "specified sum" means any sum of money receivable, whether as (iv) "specified sum" means any sum of money receivable, whether as (iv) "specified sum" means any sum of money receivable, whether as advance or otherwise, in advance or otherwise, in relation

IRULA SNAKE CATCHERS INDUSTRIAL CO-OP. SOCIETY LTD.,CHENNAI vs. ITO, WARD-22(1), CHENNAI

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

Bench: Shri Manu Kumar Giri & Shris.R.Raghunathaआयकरअपीलसं. (Ita No.1790/Chny/2025 "नधा"रणवष"/Assessment Years: 2020-21 Irula Snake Catchers Industrial Co- V. Income Tax Officer, Operative Society Ltd, Non-Coporate Ward 22(1), Mahabalipuram Road, Tambaram Vadanemmli Village, Perur Post, Chennai-603 104 [Pan:Aaaai 7894 M] (अपीलाथ"/Assessee) (""यथ"/Respondent)

4 :: society's day-to-day activities and welfare. The interest earned thereon is therefore incidental to, and attributable to, the main business activity of the assessee. The legislature has consciously used the expression "profits and gains attributable to" in Section 80P(2)(a)(vi), which is of wider import than "derived from." 5. He also placed reliance

M/S MADRAS RACE CLUB,CHENNAI vs. DCIT CORPO CIRCLE 4 (1), CHENNAI

In the result, the appeals filed by the assessee in ITA Nos

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

4) is out of harm’s way, all the Assessees in the present case are entitled to the benefit of the deduction contained in section 80P(2)(a)(i), notwithstanding that they may also be giving loans to their members which are not related to agriculture. Also, in case it is found that there are instances of loans being given

M/S MADRAS RACE CLUB,CHENNAI vs. DCIT CORPO CIRCLE 4 (1), CHENNAI

In the result, the appeals filed by the assessee in ITA Nos

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

4) is out of harm’s way, all the Assessees in the present case are entitled to the benefit of the deduction contained in section 80P(2)(a)(i), notwithstanding that they may also be giving loans to their members which are not related to agriculture. Also, in case it is found that there are instances of loans being given

M/S MADRAS RACE CLUB,CHENNAI vs. DCIT CORPO CIRCLE 4 (1), CHENNAI

In the result, the appeals filed by the assessee in ITA Nos

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

4) is out of harm’s way, all the Assessees in the present case are entitled to the benefit of the deduction contained in section 80P(2)(a)(i), notwithstanding that they may also be giving loans to their members which are not related to agriculture. Also, in case it is found that there are instances of loans being given

DCIT CORPORATE CIRCLE 5(1), CHENNAI vs. REPCO HOME FINANCE P LTD., CHENNAI

In the result, the appeal of Revenue in ITA no

Bench: Shri George Mathan & Shri Ramit Kochar

gains of business or profession" (before making any deduction under this clause) carried to such reserve account : Provided that where the aggregate of the amounts carried to such reserve account from time to time exceeds twice the amount of the paid up share capital and of the general reserves of the specified entity, no allowance under this clause shall

MADURA COATS EMPLOYEES AND PUBLIC SERVICE CO-OP HOUSING SOCIETY LTD.,TIRUNELVELI vs. ITO, WARD-4,, TIRUNELVELI

Bench: Shri Manu Kumar Giri & Shri Jagadishआयकर अपील सं./Ita No.: 2345/Chny/2025 िनधा"रण वष"/Assessment Year:2016-17 Maduracoats Employees & The Income Tax Officer, Public Service Co-Op Ward 4, Housing Society Ltd., Vs. Tirunelveli Ambasamudram, Agasthiyarpatti S.O, Agasthiyarpatti, Tirunelveli – 627428. Pan: Aaiam 5076B (""यथ"/Respondent) (अपीलाथ"/Appellant) अपीलाथ" क" ओर से/Appellant By : Shri S. Sridhar (Erode), Advocate ""यथ" क" ओर से/Respondent By : Ms. E. Pavuna Sundari, Cit सुनवाई क" तारीख/Date Of Hearing : 30.10.2025 घोषणा क" तारीख/Date Of Pronouncement : 10.11.2025

80P and inclusion of capital gains, which fall within the exclusive ITA. No:2345/Chny/2025 domain of the Assessing Officer. Even during appellate proceedings, repeated requests were made seeking certified copies and clarifications from the AO, which were not acceded to. Hence, he prayed that the assessment may be set aside with a direction to furnish such documents. 6. Per contra

POTHERI VILLAGE WEANING FOOD MANUFACTURING WOMENS DEVELOPMENT INDUSTRIAL COOP,KANCHEEPURAM vs. ITO, NCW 22(1), TAMBARAM

In the result the appeal of the Assessee is allowed

Bench: Shri S.S. Viswanethra Ravi, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकर अपील सं./Ita No.: 1055/Chny/2024 िनधा"रण वष" / Assessment Year: 2017-18 Potheri Village Weaning Food Income Tax Officer, Manufacturing Womens V. Non-Corporate Ward – 22(1), Development Industrial Coop, Tambaram. 12, Amman Koil Street, Potheri Katankolathur Post, Kanchipuram – 603 203. [Pan: Aaaap-9745-Q] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. I. Dinesh, Advocate ""यथ" क" ओर से/Respondent By : Shri. Aroon Prasad, Addl. Cit सुनवाई की तारीख/Date Of Hearing : 25.07.2024 घोषणा की तारीख/Date Of Pronouncement : 07.08.2024 आदेश /O R D E R

capital, if not immediately required to be lent to the members, they cannot keep the said amount idle. If they deposit this amount in bank so as to earn interest, the said interest income is attributable to the profits and gains of the business of providing credit facilities to its members only. The society is not carrying on any separate

CITY UNION BANK LIMITED,KUMBAKONAM vs. ACIT CIRCLE 1, KUMBAKONAM

In the result, appeal of the Revenue in ITA 1316/CHNY/2018

Bench: Shri George Mathan & Shri Inturi Rama Rao

gains of business'. Though the circular was issued in the provisions of sec. 80P of the Act, the said principle was equally made applicable to other banks and commercial banks to which Banking Regulation Act, 1949 applies. Therefore, by virtue of the above said circular, investments made by the bankingcompany should be treated as a business asset of the banking

ACIT CIRCLE 1, KUMBAKONAM vs. CITY UNION BANK LIMITED, KUMBAKONAM

In the result, appeal of the Revenue in ITA 1316/CHNY/2018

Bench: Shri George Mathan & Shri Inturi Rama Rao

gains of business'. Though the circular was issued in the provisions of sec. 80P of the Act, the said principle was equally made applicable to other banks and commercial banks to which Banking Regulation Act, 1949 applies. Therefore, by virtue of the above said circular, investments made by the bankingcompany should be treated as a business asset of the banking

ACIT CIRCLE 1, KUMBAKONAM vs. CITY UNION BANK LIMITED, KUMBAKONAM

In the result, appeal of the Revenue in ITA 1316/CHNY/2018

Bench: Shri George Mathan & Shri Inturi Rama Rao

gains of business'. Though the circular was issued in the provisions of sec. 80P of the Act, the said principle was equally made applicable to other banks and commercial banks to which Banking Regulation Act, 1949 applies. Therefore, by virtue of the above said circular, investments made by the bankingcompany should be treated as a business asset of the banking