MANTOLA COOPERATIVE THRIFT & CREDIT SOCIETY,NEW DELHI vs. ITO WARD-62(5), NEW DELHI

In the result, all the appeals of the assessee are allowed

Bench: Sh. Amit Shukladr. B. R. R. Kumar(E-Court Module) Ita No. 4078/Del/2019 : Asstt. Year : 2012-13 Ita No. 6935/Del/2018 : Asstt. Year : 2013-14 Ita No. 2036/Del/2019 : Asstt. Year : 2014-15 The Mantola Cooperative Vs Income Tax Officer, Thrift & Credit Society Ltd., Ward-62(5), 541, Mantola, Phar Ganj, New Delhi New Delhi-110055 (Appellant) (Respondent) Pan No. Aaajt1976A Assessee By : Sh. Gaurav Jain, Adv. Revenue By : Ms. Rakhi Vimal, Sr. Dr Date Of Hearing: 22.06.2020 Date Of Pronouncement: 27.07.2020

68,38,319 54,12,931 80P(2)(a)(i) Tax demand if deduction u/s 80P(2)(a)(i) is restricted to income earned from 80,77,256 76,45,770 84,00,520 members only Alternate claim of deduction considering deduction under section 80P

THE MANTOLA COOPERATIVE THRIFT & CREDIT SOCIETY,NEW DELHI vs. ITO WARD-62(5), NEW DELHI

In the result, all the appeals of the assessee are allowed

Bench: Sh. Amit Shukladr. B. R. R. Kumar(E-Court Module) Ita No. 4078/Del/2019 : Asstt. Year : 2012-13 Ita No. 6935/Del/2018 : Asstt. Year : 2013-14 Ita No. 2036/Del/2019 : Asstt. Year : 2014-15 The Mantola Cooperative Vs Income Tax Officer, Thrift & Credit Society Ltd., Ward-62(5), 541, Mantola, Phar Ganj, New Delhi New Delhi-110055 (Appellant) (Respondent) Pan No. Aaajt1976A Assessee By : Sh. Gaurav Jain, Adv. Revenue By : Ms. Rakhi Vimal, Sr. Dr Date Of Hearing: 22.06.2020 Date Of Pronouncement: 27.07.2020

68,38,319 54,12,931 80P(2)(a)(i) Tax demand if deduction u/s 80P(2)(a)(i) is restricted to income earned from 80,77,256 76,45,770 84,00,520 members only Alternate claim of deduction considering deduction under section 80P

SAHAKARI GANNA VIKAS SAMITI,UTTAR PRADESH vs. ITO-2(5) CHANDAUSI, UTTAR PRADESH

In the result, appeal of the assessee is allowed

Bench: Sh. Kul Bharat & Sh. Pradip Kumar Kediasahakari Ganna Vikas Vs. Ito-2(5), Samiti, Sikri Gate Chandausi Chandausi, Sambhal, Uttar Pradesh Uttar Pradesh-244 412 Pan No. Aaaaf 1459 L (Appellant) (Respondent) Assessee By Shri Fuzail Ahmad Ayyubi, Adv. Revenue By Shri Anuj Garg, Sr. D.R. Date Of Hearing: 19.07.2023 Date Of Pronouncement: 19.07.2023

68 taxmann.com 298 (Kerala), the Kerala High Court held that a return filed by assessee beyond period stipulated under section 139(1) or 139(4) or under section 142(1) or section 148 can also be accepted and acted upon for entertaining claim raised under section 80P

NTT DATA GLOBAL DELIVERY SERVICES LTD.,BANGALORE vs. DCIT, NEW DELHI

The appeal of the assessee is partly allowed

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishintt Data Global Delivery Vs. Dcit, Services Ltd, Circle-13(1), No. 17, South End Road, New Delhi Bangalore Pan: Aabck7777J (Appellant) (Respondent)

68,037/- on the Short Term Deposits made by it to the tune of Rs. 6,46,88,606/- out of its Surplus Funds temporarily parked in the Current Account held in Citi Bank, Hong Kong and also earned interest of Rs. 6,02,309/- from the Advances of loans to its staff members. The deduction in respect of both

SAINI CO-OPERATIVE THARIFT AND CREDIT SOCIETY LTD,DELHI vs. ITO WARD-48(1), DELHI

In the result, the appeal is allowed

Bench: Sh. Satbeer Singh Godara & Sh. S. Rifaur Rahman

section 80P(2)(a)(i) deduction of Rs.1,03,68,974/-; representing it’s interest received from fixed deposit in cooperative society/cooperative/nationalized banks; as the case may be, as not “derived” from the eligible business in light of Totgar’s Co-operative Sale Society Ltd. Vs. ITO (2010) 322 ITR 283 (SC). 4

SAINI CO-OPERATIVE THARIFT AND CREDIT SOCIETY LTD,DELHI vs. ITO WARD-48(1), DELHI

In the result, the appeal is allowed

Bench: Sh. Satbeer Singh Godara & Sh. S. Rifaur Rahman

section 80P(2)(a)(i) deduction of Rs.1,03,68,974/-; representing it’s interest received from fixed deposit in cooperative society/cooperative/nationalized banks; as the case may be, as not “derived” from the eligible business in light of Totgar’s Co-operative Sale Society Ltd. Vs. ITO (2010) 322 ITR 283 (SC). 4

DISTRICT CO- OPERATIVE BANK LTD.,DEHRADUN vs. DCIT, DEHRADUN

In the result appeal of the assessee is allowed

Bench: Sh. A.T.Varkey, Jm & Sh. Prashant Maharishi, Am Ita No. 3533/Del/2012 : Asstt. Year : 2007-08

68,580/- on 24.11.2009. 03. While passing assessment order AO initiated penalty proceedings u/s 271(1) (c) of the act. In response to the penalty notice assessee submitted before AO that :- a. The Deduction was available to the assessee up to A Y 2006-07 and therefore this year assessee was under impression about the availability of this deduction

DCIT, NEW DELHI vs. M/S. THE VAISH CO-OPERATIVE ADARSH BANK LTD., NEW DELHI

In the result, the appeal of the Revenue being devoid of merits is

Bench: Shri Chandra Mohan Garg & Shri L.P. Sahu

80P(2)(a)(i) up to AY 2006-07 @ 100%. It is submitted that the assessee has claimed the interest income amount of Rs 4,04,16,564/- as interest income from the NPA (Non-performing assets) but since the loans/principal amounts have become bad the assessee has neither received the loan amount nor the interest income. The assessee

ADDL.CIT, SPECIAL RANGE-3, NEW DELHI vs. DELHI TOURISM TRANSPORTATION AND DEVELOPMENT CORPORATION LTD., NEW DELHI

In the result, Appeal filed by the Department in ITA No

Bench: SHRI N. K. BILLAIYA (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

68,015/- made by the A.O. to Rs. 3,07,11,517/- in following manners:- “15.4 I have considered the facts of the case, finding of the AO and submission of the appellant. During the course of assessment proceedings, appellant has made fresh claim of deduction u/s 80IA Page 26 of 52 ITA No.5167/Del/2019 & Ors. Delhi Tourism & Transportation Development Corporation

ACIT SPECIAL RANGE-3, NEW DELHI vs. DELHI TOURISM & TRANSPORTATION DEVELOPMENT CORPORATION LTD., NEW DELHI

In the result, Appeal filed by the Department in ITA No

Bench: SHRI N. K. BILLAIYA (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

68,015/- made by the A.O. to Rs. 3,07,11,517/- in following manners:- “15.4 I have considered the facts of the case, finding of the AO and submission of the appellant. During the course of assessment proceedings, appellant has made fresh claim of deduction u/s 80IA Page 26 of 52 ITA No.5167/Del/2019 & Ors. Delhi Tourism & Transportation Development Corporation

ADDI. CIT SPL. RANGE-3, NEW DELHI vs. DELHI TOURISM & TRANSPORTATION DEVELOPMENT CORPORATION LTD. , NEW DELHI

In the result, Appeal filed by the Department in ITA No

Bench: SHRI N. K. BILLAIYA (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

68,015/- made by the A.O. to Rs. 3,07,11,517/- in following manners:- “15.4 I have considered the facts of the case, finding of the AO and submission of the appellant. During the course of assessment proceedings, appellant has made fresh claim of deduction u/s 80IA Page 26 of 52 ITA No.5167/Del/2019 & Ors. Delhi Tourism & Transportation Development Corporation

DELHI TOURISM TRANSPORTATION AND DEVELOPMENT CORPORATION LTD.,NEW DELHI vs. ADDL.CIT, SPECIAL RANGE-3, NEW DELHI

In the result, Appeal filed by the Department in ITA No

Bench: SHRI N. K. BILLAIYA (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

68,015/- made by the A.O. to Rs. 3,07,11,517/- in following manners:- “15.4 I have considered the facts of the case, finding of the AO and submission of the appellant. During the course of assessment proceedings, appellant has made fresh claim of deduction u/s 80IA Page 26 of 52 ITA No.5167/Del/2019 & Ors. Delhi Tourism & Transportation Development Corporation

ADDL.CIT, SPECIAL RANGE-3, NEW DELHI vs. DELHI TOURISM TRANSPORTATION AND DEVELOPMENT CORPORATION LTD., NEW DELHI

In the result, Appeal filed by the Department in ITA No

Bench: SHRI N. K. BILLAIYA (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

68,015/- made by the A.O. to Rs. 3,07,11,517/- in following manners:- “15.4 I have considered the facts of the case, finding of the AO and submission of the appellant. During the course of assessment proceedings, appellant has made fresh claim of deduction u/s 80IA Page 26 of 52 ITA No.5167/Del/2019 & Ors. Delhi Tourism & Transportation Development Corporation

ADDL.CIT, SPECIAL RANGE-3, NEW DELHI vs. DELHI TOURISM TRANSPORTATION AND DEVELOPMENT CORPORATION LTD., NEW DELHI

In the result, Appeal filed by the Department in ITA No

Bench: SHRI N. K. BILLAIYA (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

68,015/- made by the A.O. to Rs. 3,07,11,517/- in following manners:- “15.4 I have considered the facts of the case, finding of the AO and submission of the appellant. During the course of assessment proceedings, appellant has made fresh claim of deduction u/s 80IA Page 26 of 52 ITA No.5167/Del/2019 & Ors. Delhi Tourism & Transportation Development Corporation

DELHI TOURISM & TRANSPORTATION DEVELOPMENT CORPORATION LTD. ,NEW DELHI vs. DCIT CIRCLE-10(1), NEW DELHI

In the result, Appeal filed by the Department in ITA No

Bench: SHRI N. K. BILLAIYA (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

68,015/- made by the A.O. to Rs. 3,07,11,517/- in following manners:- “15.4 I have considered the facts of the case, finding of the AO and submission of the appellant. During the course of assessment proceedings, appellant has made fresh claim of deduction u/s 80IA Page 26 of 52 ITA No.5167/Del/2019 & Ors. Delhi Tourism & Transportation Development Corporation

ALLIED FINANCE P. LTD.,NEW DELHI vs. ACIT, DELHI

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 2015-16 Co-Operative Cane Vs. Income Tax Officer, Development Union Ltd., Ward-1(2), Cane Union, Hapur, Ghaziabad Uttar Pradesh Pan: Aaajc0224M (Appellant) (Respondent) With Assessment Year: 2010-11 With Assessment Year: 2010-11 With Assessment Year: 2011-12 With Assessment Year: 2011-12 With Assessment Year: 2012-13 With Assessment Year: 2012-13

section 80P deduction going by Totgars Co-operative Sale Society Ltd. Vs. ITO, Karnataka [2010] 188 Taxman 282 (SC). 5. Learned departmental representative accordingly reiterates before us that all these three heads of the assessee’s receipts could be held to have been derived from the eligible undertaking and business activities; as the case may be, which has been

DIVYA CREATION,NOIDA vs. PR.CIT, NOIDA

In the result, the appeal of the assessee is allowed

Bench: Shri Amit Shukla & Shri O.P. Kantassessment Year: 2013-14 M/S. Divya Creation, Vs. Pr. Cit, Plot No. 97, Nsez, Noida Aayakar Bhawan, A2 D- Block, Sector 24, Noida Pan :Aadfd4879K (Appellant) (Respondent)

68,296/- earned on various FDR’s is concerned, the Ld. DR submitted that the Ld. CIT pointed out to the assessee that interest income earned on surplus fund parked or interest income earned on FDRs for availing credit cannot be said to be derived from business of export in view of the decision in the case of CIT versus

ACIT, MEERUT vs. M/S. SARVA UP GRAMIN BANK, MEERUT

In the result, the appeal of the Revenue is dismissed

Bench: Sh. Bhavnesh Saini & Dr. B. R. R. Kumar

4) of section 80P" The object of the substitution, as explained in para 5 of the CBDT Circular No. 464, dt. 18th July, 1986, was to give the separate deduction, viz., one in respect of rural advances and the other for provision for bad and doubtful debts in general and also to extend the benefit of deduction

CA COOPERATIVE THRIFT & CREDIT SOCIETY LIMITED ,DELHI vs. PCIT, DELHI-20, DELHI

In the result the appeal of the assessee in ITA Nos

Bench: Shri N.K. Billaiya & Shri Anubhav Sharma

68 of the Act. 5. Assuming jurisdiction conferred upon him by provisions of section 263 of the Act, the PCIT issued a show cause notice holding that the assessment order dated 24.12.2019 is not only erroneous but also prejudicial to the interest of the revenue. 6. The PCIT was of the opinion that only income derived from interest/dividend