TAVINJAL SERVICE CO-OP BANK LTD,WAYANAD vs. THE ITO WARD 1, WAYANAD

Appeal of the assessee is allowed for statistical purposes in above terms

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhthavinjal Service Co-Op. Bank Ltd. The Income Tax Officer Thalapuzha P.O. Ward - 1(4), Kalpetyta Vs Wayanad 670664 Wayanad 673122 [Pan: Aadat2035N] (Appellant) (Respondent)

section 80A(5) of the Act indeed applies in this case and the same ought to have been claimed only in a return filed within the “due” date u/s. Thavinjal Service Co-op. Bank Ltd. 139(1) of the Act . It’s case draws strong support from both the lower authorities’ action disallowing

M/S POYILOOR SERVICE CO-OP BANK LTD,KANNUR vs. ITO WARD 2 , KANNUR

In the result, the appeals filed by the appellant are allowed and the order(s) of the Kerala High Court and other authorities to the contrary are set aside

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhassessment Year - 2014-15 Poyiloor Service Co-Op.Bank The Income Tax Officer-2, Kannothumchal Ltd., Poyiloor Post, Kannur. Vs. Pin – 670002 Pan Aacap8990R Kannur - 670 006 (Respondent) (Appellant)

disallowed the assessee’s section 80P(4) deduction. The Revenue further seeks to fortify the same on the ground that this assessee is in fact a co-operative bank as per the decision of the hon'ble jurisdictional high court in the case of Pr.CIT v. Mavilayi Service Co-operative Bank

M/S CHIRAYINKEEZHU SERVICE CO-OPERATIVE BANK,CHIRAYINKEEZHU vs. ITO, WARD-2(5), TRIVANDRUM

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

disallowed the assessee’s section 80P(2) deduction claim representing its income derived from M/s. Trivandrum District Co-operative Bank Ltd., amounting to Rs. Rs.12,75,20,483/-. The Revenue further seeks to fortify the same on the ground that this assessee is in fact a co-operative bank as per the decision of the hon'ble jurisdictional high court

REENA ENGINEERS AND CONTRACTORS PRIVATE LTD,PANAJI vs. ACIT, CENTRAL CIRCLE-1, CALICUT

In the result, the appeals filed by the assessee stand partly allowed statistical purposes

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

5-9-2003, reported in (2003) 184 CTR (ST) 33. On a combined reading of the provisions of section 153A coupled with Circular No.7 of 2003, it is undisputedly clear that when a search is initiated under section 132, the Assessing Officer shall issue a notice to such person for six assessment years and assess or reassess the total income

REENA ENGINEERS AND CONTRACTORS PRIVATE LTD,PANAJI vs. ACIT, CENTRAL CIRCLE-1, CALICUT

In the result, the appeals filed by the assessee stand partly allowed statistical purposes

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

5-9-2003, reported in (2003) 184 CTR (ST) 33. On a combined reading of the provisions of section 153A coupled with Circular No.7 of 2003, it is undisputedly clear that when a search is initiated under section 132, the Assessing Officer shall issue a notice to such person for six assessment years and assess or reassess the total income

REENA ENGINEERS AND CONTRACTORS PRIVATE LTD,PANAJI vs. ACIT, CENTRAL CIRCLE-1, CALICUT

In the result, the appeals filed by the assessee stand partly allowed statistical purposes

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

5-9-2003, reported in (2003) 184 CTR (ST) 33. On a combined reading of the provisions of section 153A coupled with Circular No.7 of 2003, it is undisputedly clear that when a search is initiated under section 132, the Assessing Officer shall issue a notice to such person for six assessment years and assess or reassess the total income

REENA ENGINEERS AND CONTRACTORS PRIVATE LTD,PANAJI vs. ACIT, CENTRAL CIRCLE-1, CALICUT

In the result, the appeals filed by the assessee stand partly allowed statistical purposes

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

5-9-2003, reported in (2003) 184 CTR (ST) 33. On a combined reading of the provisions of section 153A coupled with Circular No.7 of 2003, it is undisputedly clear that when a search is initiated under section 132, the Assessing Officer shall issue a notice to such person for six assessment years and assess or reassess the total income

M/S.PUTHIYANGADI SERVICE CO-OP BANK,CALICUT vs. THE ITO WARD 1(3), CALICUT

In the result, the appeals filed by the appellant are allowed and the order(s) of the Kerala High Court and other authorities to the contrary are set aside

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhassessment Year: 2017-18 M/S. Puthiyangadi Service Co- The Income Tax Officer Operative Bank Limited No.F1421 V. Ward 1(3), Alappuzha. Puthiyangadi Kozhikode – 673 021 Pan : Aacap0749C. (Appellant) (Respondent)

disallowed the assessee’s section 80P(2) deduction claim representing its income derived from the Kozhikode District Co-operative Bank amounting to Rs.43,81,435/-. The Revenue 2 Puthiyangadi SCB Ltd. further seeks to fortify the same on the ground that this assessee is in fact a co-operative bank as per the decision of the hon'ble jurisdictional high

CLAPPANA SERVICE CO-OPERATIVE BANK ALTD.,KARUNAGAPPALLY vs. ITO, WARD 1&TPS, ALAPPUZHA

In the result, the appeals filed by the appellant are allowed and the order(s) of the Kerala High Court and other authorities to the contrary are set aside

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhassessment Year: 2017-2018 M/S. Clappana Service Co-Operative The Income Tax Officer Bank Limited No.867 V. Ward 1, Alappuzha. Cp/Viii/410 & 411, Clappana Po Karunagappally, Kollam – 690 525 Pan : Aabac2747A. (Appellant) (Respondent) Appellant By : Shri Rajakannan, Advocate Respondent By : Smt. V. Swarnalatha, Sr. D.R. Date Of Pronouncement : 25.09.2024 Date Of Hearing : 12.08.2024 O R D E R Per Bench : This Assessee’S Appeal For A.Y. 2017-18 Arises Against The National Faceless Appeal Centre, Delhi [Cit(A)]’S Din & Order No. Itba/ Nfac/S/250/2023-24/1055921666(1) Dated 11.09.2023, Passed U/S. 250 Of The Income Tax Act, 1961 (The Act).

disallowed the assessee’s section 80P(2) deduction claim representing its income derived from a district co-operative bank amounting to Rs.57,15,277/-. The Revenue further seeks to fortify the same on the ground that this assessee is in fact a co-operative bank as per 2 Clappana SCB Ltd. the decision of the hon'ble jurisdictional high court

VADAKKEVILA SERVICE CO-OPERATIVE BANK LTD,KOLLAM vs. THE ITO, KOLLAM

Appeal is allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

5. The Commissioner (Appeals) erred on facts and in law in upholding the order of the Assessing Officer that the appellant has received deposits from non-members and hence is not eligible for deduction u/s 80P of the Act. 6. The Commissioner (Appeals) erred on facts and in law in upholding the order of the Assessing Officer that the interest

THE KADANAD SERVICE CO-OPERATIVE BANK LTD,KOTTAYAM vs. ITO, NATIONAL E-ASSESSMENT CENTER, DELHI, KOTTAYAM

In the result, the appeals filed by the appellant are allowed and the order(s) of the Kerala High Court and other authorities to the contrary are set aside

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

5(b) read with Section 56 of the BR Act, 1949. In the result, the appeals filed by the appellant are allowed and the order(s) of the Kerala High Court and other authorities to the contrary are set aside. Consequently, we hold that the appellant is entitled to the benefit of deduction under Section

THE KADANAD SERVICE CO-OPERATIVE BANK,KOLLAPPALLY vs. ITO, NATIONAL E ASSESSMENT CENTER, KOTTAYAM

In the result, the appeals filed by the appellant are allowed and the order(s) of the Kerala High Court and other authorities to the contrary are set aside

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

5(b) read with Section 56 of the BR Act, 1949. In the result, the appeals filed by the appellant are allowed and the order(s) of the Kerala High Court and other authorities to the contrary are set aside. Consequently, we hold that the appellant is entitled to the benefit of deduction under Section

THE KADANAD SERVICE CO-OPERATIVE BANK LTD,KOTTAYAM vs. ITO, WARD-2, KOTTAYAM

In the result, the appeals filed by the appellant are allowed and the order(s) of the Kerala High Court and other authorities to the contrary are set aside

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

5(b) read with Section 56 of the BR Act, 1949. In the result, the appeals filed by the appellant are allowed and the order(s) of the Kerala High Court and other authorities to the contrary are set aside. Consequently, we hold that the appellant is entitled to the benefit of deduction under Section

KANNUR TOWN SERVICE CO-OP BANK,KANNUR vs. ITO WARD 1, KANNUR

In the result, the appeals filed by the appellant are allowed and the order(s) of the Kerala High Court and other authorities to the contrary are set aside

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhkannur Town Service Co-Op. The Income Tax Officer-1 Bank Ltd. Aayakar Bhavan Vs. Kannur 670002 Kannothumchal [Pan: Aabak8385N] Kannur 670006 (Appellant) (Respondent)

disallowed the assessee’s section 80P(2)(a)(i) deduction. The Revenue further seeks to fortify the same on the ground that this assessee is in fact a co-operative bank as per the decision of the hon'ble jurisdictional high court in the case of Pr.CIT v. Mavilayi Service Co-operative Bank

KARASSERY SERVICE CO-OP BANK LTD,MUKKAM vs. THE ITO WARD 2(3), KOZHIKODE

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

disallowed the assessee’s section 80P(2) deduction claims representing its income derived from a district co- operative bank amounting to Rs.52,86,755/-, Rs.2,86,60,990/- and 2,48,98,062/-; respectively, as the case may be. The Revenue supports to fortify the same on the ground that this assessee, in fact, is a co-operative bank

KARASSERY SERVICE CO-OP BANK LTD,MUKKAM vs. THE ITO WARD 2(3), KOZHIKODE

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

disallowed the assessee’s section 80P(2) deduction claims representing its income derived from a district co- operative bank amounting to Rs.52,86,755/-, Rs.2,86,60,990/- and 2,48,98,062/-; respectively, as the case may be. The Revenue supports to fortify the same on the ground that this assessee, in fact, is a co-operative bank

KARASSERY SERVICE CO-OP BANK LTD,MUKKAM vs. THE ITO WARD 2(3), KOZHIKODE

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

disallowed the assessee’s section 80P(2) deduction claims representing its income derived from a district co- operative bank amounting to Rs.52,86,755/-, Rs.2,86,60,990/- and 2,48,98,062/-; respectively, as the case may be. The Revenue supports to fortify the same on the ground that this assessee, in fact, is a co-operative bank

M/S THURAYUR SERVICE CO -OP BANK LTD,KOZHIKODE vs. THE ITO WARD 2(1), KOZHIKODE

In the result, the appeals filed by the appellant are allowed and the order(s) of the Kerala High Court and other authorities to the contrary are set aside

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

disallowed assessee’s section 80P deduction claim of Rs.53,79,728/- and Rs.63,67,085/-, inter alia, treating it as co-operative Thurayur SCB Limited. bank and also for the reason that the corresponding loans to the extent of 25% only had been advanced to agricultural sector, as the case may be. 3. We have given thoughtful consideration

M/S THURAYUR SERVICE CO -OP BANK LTD,KOZHIKODE vs. THE ITO WARD 2(1), KOZHIKODE

In the result, the appeals filed by the appellant are allowed and the order(s) of the Kerala High Court and other authorities to the contrary are set aside

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

disallowed assessee’s section 80P deduction claim of Rs.53,79,728/- and Rs.63,67,085/-, inter alia, treating it as co-operative Thurayur SCB Limited. bank and also for the reason that the corresponding loans to the extent of 25% only had been advanced to agricultural sector, as the case may be. 3. We have given thoughtful consideration