M/S.PEROORKADA SERVICE CO-OP BANK LTD,TRIVANDRUM vs. THE ITO, WD-2(1), TRIVANDRUM, TRIVANDRUM

In the result, the appeal of the Revenue in I

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

section 80P(2)(a)(i). (vi) Whether on the facts and in the circumstances of the case, the order of CIT(A) is correct in not duly considering the following case laws (a) Sabargantha Zilla Kharid Vechar Sangh Ltd. (203 ITR 1027) (SC) (b) Perinthalmanna Service Co-operative Bank (363 ITR 68) (Kerala) (c) CIT Vs Kerala State

M/S.PEROORKADA SERVICE CO-OP BANK LTD,TRIVANDRUM vs. THE ITO, WD-2(1), TRIVANDRUM, TRIVANDRUM

In the result, the appeal of the Revenue in I

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

section 80P(2)(a)(i). (vi) Whether on the facts and in the circumstances of the case, the order of CIT(A) is correct in not duly considering the following case laws (a) Sabargantha Zilla Kharid Vechar Sangh Ltd. (203 ITR 1027) (SC) (b) Perinthalmanna Service Co-operative Bank (363 ITR 68) (Kerala) (c) CIT Vs Kerala State

THE ITO, TRIVANDRUM vs. M/S.PERRORKADA SERVICE CO-OP BANK LTD, TRIVANDRUM

In the result, the appeal of the Revenue in I

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

section 80P(2)(a)(i). (vi) Whether on the facts and in the circumstances of the case, the order of CIT(A) is correct in not duly considering the following case laws (a) Sabargantha Zilla Kharid Vechar Sangh Ltd. (203 ITR 1027) (SC) (b) Perinthalmanna Service Co-operative Bank (363 ITR 68) (Kerala) (c) CIT Vs Kerala State

M/S.PERUNGAZHI SERVICE CO-OP BANK LTD,TRIVANDRUM vs. THE ITO, WD-2(5), TVM, TRIVANDRUM

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

234 A and 234B is also unsustainable as it is against the provisions of law and facts and circumstances of the case. I.T.A. No.158/Coch/2018 & S.P. No. 15/Coch/2018 F. Section 80P clearly enables the co-operative society to claim gross total income and includes any income referred to in sub-section (2) as allowable deductions, As per clause

SANTHIMADAM AGROFARM TRUST,KOCHI vs. THE ACIT CENTRAL CIRCLE 2, KOCHI

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

Bench: Shri Chandra Poojari & Shri Soundararajan K.

section 234 A and 2348. The Hon. Tribunal vide its order in ITA No.916 to 919/Coch/2022 dated 2/05/2024 in the case of Santhimadom Ayurniketan Trust has remanded the issue back to CIT(A) for fresh consideration. Copy of the ITAT order is attached herewith.” In the above said written submission, the assessee is not pressing ground

SANTHIMADAM AGROFARM TRUST,KOCHI vs. THE ACIT CENTRAL CIRCLE 2, KOCHI

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

Bench: Shri Chandra Poojari & Shri Soundararajan K.

section 234 A and 2348. The Hon. Tribunal vide its order in ITA No.916 to 919/Coch/2022 dated 2/05/2024 in the case of Santhimadom Ayurniketan Trust has remanded the issue back to CIT(A) for fresh consideration. Copy of the ITAT order is attached herewith.” In the above said written submission, the assessee is not pressing ground

SANTHIMADAM AGROFARM TRUST,KOCHI vs. THE ACIT CENTRAL CIRCLE 2, KOCHI

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

Bench: Shri Chandra Poojari & Shri Soundararajan K.

section 234 A and 2348. The Hon. Tribunal vide its order in ITA No.916 to 919/Coch/2022 dated 2/05/2024 in the case of Santhimadom Ayurniketan Trust has remanded the issue back to CIT(A) for fresh consideration. Copy of the ITAT order is attached herewith.” In the above said written submission, the assessee is not pressing ground

SANTHIMADAM AGROFARM TRUST,KOCHI vs. THE ACIT CENTRAL CIRCLE 2, KOCHI

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

Bench: Shri Chandra Poojari & Shri Soundararajan K.

section 234 A and 2348. The Hon. Tribunal vide its order in ITA No.916 to 919/Coch/2022 dated 2/05/2024 in the case of Santhimadom Ayurniketan Trust has remanded the issue back to CIT(A) for fresh consideration. Copy of the ITAT order is attached herewith.” In the above said written submission, the assessee is not pressing ground

M/S.MUNDELA SERVICECO-OP BANK LTD,TRIVANDRUM vs. THE ITO, WARD-2(3), TRIVANDRUM, TRIVANDRUM

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

68 wherein it was held that “with introduction of section 80P(4) necessarily, an enquiry has to be conducted into factual situation whether co-operative bank is conducting business as a primary agricultural and rural development Bank and depending upon transactions, AO has to extend benefits available, and he would not merely look at the registration certificate issued under

THE ITO, WARD-2(3), TRIVANDRUM, TRIVANDRUM vs. M/S.MUNDELA SERVICECO-OP BANK LTD, TRIVANDRUM

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

68 wherein it was held that “with introduction of section 80P(4) necessarily, an enquiry has to be conducted into factual situation whether co-operative bank is conducting business as a primary agricultural and rural development Bank and depending upon transactions, AO has to extend benefits available, and he would not merely look at the registration certificate issued under

THE ITO, WD-2(5), TVM, TVM vs. THE CHIRAYINKEEZHU SERVICE CO-OP BANK LTD, TRIVANDRUM

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

68 (Kerala) wherein it was held that "with introduction of section 80P(4) necessarily, an enquiry has to be conducted into factual situation whether co-operative bank is conducting business as a primary agricultural and rural development Bank and depending upon transactions, Assessing officer has to extend benefits available, and he would not merely look at the registration certificate

THE ITO, WD-2(5), RG-2, TVM, TVM vs. M/S.EDACKODU SERVICE CO-OP BANK LTD, TRIVANDRUM

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

68 (Kerala) wherein it was held that "with introduction of section 80P(4) necessarily, an enquiry has to be conducted into factual situation whether co-operative bank is conducting business as a primary agricultural and rural development Bank and depending upon transactions, Assessing officer has to extend benefits available, and he would not merely look at the registration certificate

THE ITO, WD-2(5), TVM, TVM vs. THE CHIRAYINKEEZHU SERVICE CO-OP BANK LTD, TRIVANDRUM

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

68 (Kerala) wherein it was held that "with introduction of section 80P(4) necessarily, an enquiry has to be conducted into factual situation whether co-operative bank is conducting business as a primary agricultural and rural development Bank and depending upon transactions, Assessing officer has to extend benefits available, and he would not merely look at the registration certificate

THE ITO, WD-2(5), RG-2, TVM, TVM vs. M/S.EDACKODU SERVICE CO-OP BANK LTD, TRIVANDRUM

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

68 (Kerala) wherein it was held that "with introduction of section 80P(4) necessarily, an enquiry has to be conducted into factual situation whether co-operative bank is conducting business as a primary agricultural and rural development Bank and depending upon transactions, Assessing officer has to extend benefits available, and he would not merely look at the registration certificate

THE ITO, WARD-2,KOLLAM, KOLLAM vs. THE MAYYANAD REGIONAL CO-OP BANK LTD, KOLLAM

Bench: Shri George George K

68 (Kerala) wherein it was held that "with introduction of section 80P(4) necessarily, an enquiry has to be conducted into factual situation whether co-operative bank is conducting business as a primary agricultural and rural development Bank and depending upon ITA No.383/Coch/2017. 3 The Mayyanad Regional Co-op.Bank Ltd. transactions, Assessing officer has to extend benefits available

THE ITO, WD-2, KOLLAM, KOLLAM vs. M/S.PIDAVOOR SERVICE CO-OP BANK LTD, KOLLAM

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

section 80P(2)(a)(i). (iv) The Ld. CIT(A) ought to have considered the following case laws: (a) 203 ITR 1027 (SC) in the case of Sabargantha Zilla (b) 363 ITR 68 (Kerala) in the case of Perunthalmanna Service Corporative Bank. (c) 234

THE ITO, WD-1, KOLLAM, KOLLAM vs. M/S.CHATHANNOOR SERVICE CO-OP BANK LTD, KOLLAM

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

section 80P(2)(a)(i). (iv) The Ld. CIT(A) ought to have considered the following case laws: (a) 203 ITR 1027 (SC) in the case of Sabargantha Zilla (b) 363 ITR 68 (Kerala) in the case of Perunthalmanna Service Corporative Bank. (c) 234

THE ITO, WD-2(3), TRIVANDRUM vs. ANAD FARMERS SERVICE CO-OP BANK LTD, TRIVANDRUM

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

section 80P(2)(a)(i). (vi) the order of CIT(A) is correct in not duly considering following case laws: (a) 203 ITR 1027 (SC) in the case of Sabargantha Zilla Kharid Vechar Sangh Ltd. (b) 363 ITR 68(Kerala) in the case of Perunthalmanna Service Corporative Bank. (c) 234