VILAVATTAM SERVICE CO-OP BANK LTD NO 337,THRISSUR vs. ITO WARD 2(3), THRISSUR

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

68 taxmann.com 298 (Ker.) having decided the very issue in assessee’s favour. Ordered accordingly. Vilvattam Service Co-op. Bank Ltd. 5. The Revenue’s next vehement contentions seeks to treat the assessee as a cooperative bank u/sec.80P(2)(4) than a credit cooperative society as per Pr. CIT vs. Mavilayi Service Cooperative Bank

VILAVATTAM SERVICE CO-OP BANK LTD NO 337,THRISSUR vs. ITO WARD 2(3), THRISSUR

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

68 taxmann.com 298 (Ker.) having decided the very issue in assessee’s favour. Ordered accordingly. Vilvattam Service Co-op. Bank Ltd. 5. The Revenue’s next vehement contentions seeks to treat the assessee as a cooperative bank u/sec.80P(2)(4) than a credit cooperative society as per Pr. CIT vs. Mavilayi Service Cooperative Bank

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

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

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

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

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

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), 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

AROOR CO-OP URBAN SOCIETY LTD,KOZHIKKODE vs. ITO, KOZHIKKODE

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

Bench: Shrigeorge George K.And Shrilaxmi Prasad Sahuaroor Co-Operative Urbn Society Dcit, Central Prossing Centre Aroor P.O., Kakkattil 673507 Bangalore Vs.

68 taxmann.com 298). He has submitted a copy of the P&L account in Annexure-2 which reads as follows: - S.No. Loss Rs. S.No. Profit Rs. 1 Total loss as per 1 Total profit as per trading account trading account 2 Interest 7359077 2 Interest receivable 5978097 outstanding 3 Establishment 1304782 3 expenses 4 Contingency 1231087 4 Miscellaneous 4242442 expenses

THE KALAKKODU SERVICE CO-OP BANK LTD,KOLLAM vs. THE ITO, KOLLAM

In the result, the appeal filed by the assessee is partly allowed and the stay petition filed by the assessee is dismissed as infructuous

Bench: Shrigeorge George K.And Shrilaxmi Prasad Sahu(Assessment Year:2018-19

80P(2) of the Income-tax Act. 9. The learned Senior Advocate argues that the 5% expenditure excluded does not merit a deduction under Chapter VI A of the Act. The exclusion has to be treated as an occasion falling under ITA164/Coch/2021& SA 38/C/2021 5 The Kalakkodu Service Co-Operative Bank Ltd. section 68

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

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

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

vi) in not duly considering the judgment of Hon'ble Supreme Court in the case of Citizen Co-operative Society Ltd. vs. ACIT, Circle-9(l), Hyderabad dated 08.08.2017 reported in 397 ITR 1(SC), wherein it has been held that if a cooperative society is violating the principle of mutuality in the garb of persons who actually

KOODARANHI REGIONAL AGRICULTURAL WELFARE CO-OP SOCIETY LTD,KOZHIKKODE vs. THE ITO, KOZHIKKODE

In the result, the appeal by the assessee is allowed for statistical purposes and the stay petition is dismissed

Bench: Shri George George K. & Ms. Padmavathy S.

VI A , section 80 P(2) of the IT Act, not be denied. We pray for the kind consideration. Relief Claimed in the Appeal SP No.77/Coch/2022 & ITA No.953/Coch/2022 Page 3 of 9 1. To Hold that the Appellant is entitled to deduction Under section 80 P (2)(a) of the Income Tax Act,1961 and deduction

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

Bench: Shri Chandra Poojari, Am & Shri 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 following case laws: (a) 203 ITR 1027 (SC) in the case of Sabargantha Zilla Kharid Vechar Sangh Ltd. (b) 363 ITR 68

M/S.MUKKAM MEGA MULTIPURPOSE CO-OP SOCEITY LTD,KOZHIKKODE vs. THE ITO, KOZHIKKODE

In the result, the appeal by the assessee is allowed for statistical purposes and the stay petition is dismissed

Bench: Shri George George K. & Ms. Padmavathy S.

VI A , section 80 P(2) of the IT Act, not be denied. We pray for the kind consideration. SP No.76/Coch/2022 & ITA No.952/Coch/2022 Page 3 of 9 Relief Claimed in the Appeal 1. To Hold that the Appellant is entitled to deduction Under section 80 P (2)(a) of the Income Tax Act,1961 and deduction

THE MANNUR SERVICE CO-OP BANK LTD,PALAKKAD vs. THE ITO WD-2, PALAKKAD

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

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

2 M/s.The Mannur SCB Limited. and proposed to complete the assessment u/s 144 of the I.T.Act. The Assessing Officer also proposed to deny deduction u/s 80P of the I.T.Act for the reason that primary object of the assessee was not fulfilled since the disbursement of agricultural loans for the year under consideration was only minuscule compared to the total loan