BIBHISANPUR SAMABAY KRISHI UNNAYAN SAMITY LTD.,KOLKATA vs. I.T.O., WARD - 27(4), HALDIA/ WBG-W-176(3), HALDIA

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

section 80P of the I.T. Act. Thus, the deduction claimed u/s 80P(2)(a)(i) of Rs.32,79,394/- is disallowed

GUNJA SAMABAY KRISHI UNNAYAN SAMITY LTD,PURULIA vs. PCIT,, ASANSOL

In the result, the appeal of the assessee is allowed

Bench: Shri Aby T Varkey & Shri Girish Agrawalassessment Year: 2016-17 Gunja Samabay Krishi Pcit, Asansol Unnayan Samity Ltd. Vill. Gunja, Golbera, P.S. Vs. Joypur, Dist. Purulia, Pin. 723103 Pan: Aabag 2110 M (Appellant) (Respondent)

section 80P(2)(d) of the IT Act 1961. Under these circumstances you are requested to show cause why deduction u/s 80P should not be disallowed

PAHALAMPUR SAMABAY KRISHI UNNAYAN SAMITY LTD., ,HOOGHLY vs. ITO, WARD 23(1), , HOOGHLY

In the result, the appeal of the assessee is allowed

Bench: Shri George Mathan & Shri Rajesh Kumarassessment Year: 2019-20 Pahalampur Samabay Krishi Ito, Ward-23(1), Hooghly Unnayan Ltd.

80P of the Act shall be allowed to an assessee unless he furnishes a return of his income on or before the due date specified under section 139(1) w.e.f. assessment year 2018-19 onwards. However, section 143(1)(a)(v) of the Act provides that disallowance

ITO, WARD - 35(3), KOLKATA , KOLKATA vs. M/S. KOLKATA RESERVE BANK EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LTD., , KOLKATA

Appeal is allowed for statistical purposes in above terms

Bench: Shri J. Sudhakar Reddy, Am & Shri S. S. Godara, Jm आयकर अपीलसं./I.T.A No.240/Kol/2018 ("नधा"रण वष" / Assessment Year: 2014-15) Ito, Ward-35(3), Kolkata. Vs. M/S. Kolkata Reserve Bank Employees Co-Operative Credit Society Ltd. 13, N.S. Road, Rbi Building (Annexe), Kol- 1. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabak6244L (Appellant) .. (Respondent) Appellant By : Dr. A. K. Nayak, Cit-Dr Respondent By : Shri Anil Kochar, Advocate सुनवाईक"तार"ख/ Date Of Hearing : 11/09/2019 घोषणाक"तार"ख/Date Of Pronouncement : 18/10/2019 आदेश / O R D E R Per Shri S. S. Godara: This Revenue’S Appeal For Assessment Year 2014-15 Arises Against The Commissioner Of Income Tax (A) - 10, Kolkata Dated 30.11.2017 Passed In Case No.227/Cit(A)-10/Wd.-35(3)/14-15/16-17/Kol Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961 (In Short ‘The Act’). Heard Both The Parties. Case File Perused. 2. The Revenue’S Sole Substantive Grounds Raised In The Instant Appeal Seeks To Reverse The Cit(A) Action Holding The Assessee Eligible For Section 80P(2)(D) Deduction Of Rs.6,97,20,658/- Disallowed In The Assessment Framed On 08.12.2016. Case File Suggests That The Assessee Had Derived The Impugned Interest Income From Parking Of Its Surplus Funds In Fixed Deposits With The Union Bank Of India & Central Bank Of India Fetching Interest Of Rs.6,48,17,859/- & 49,02,799/-; Respectively. The Assessing Officer Quoted Hon’Ble Apex Court’S Decision In Totgars Co-Operative Sale Society Ltd. Vs. Ito (2010) In 188 Taxman 282 (Sc)

section 80P(2)(d) deduction of Rs.6,97,20,658/- disallowed in the assessment framed on 08.12.2016. Case file suggests

THE W.B STATE CO-OP AGRI AND RURAL DEVELOPMENT BANK LIMITED. ,KOLKATA vs. DCIT, CIR-54,KOLKATA, KOLKATA

In the result, the appeal of the assessee is partly allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

section 80P(2)(d) of the Act or 80P(2)(a)(i) of the Act and Ground No. 1.2 relating to disallowance

THE JANAKALYAN COOPERATIVE CREDIT SOCIETY LIMITED ,NORTH 24 PARGANAS vs. ITO, WARD - 11(2), KOLKATA , KOLKATA

In the result, Tax Appeals are dismissed

Bench: Shri S.S, Godaraassessment Year:2012-13

disallowed assessee’s dividend payable of ₹5592/- in assessment order dated 12.03.2015. The CIT(A)’s order in para-4 has accepted assessee’s grievance qua the same subject to verification. I now come to issue before me. The CIT(A) has held in the lower appellate proceedings that the assessee is a co-operative bank within the meaning

ACIT, CIRCLE-33, KOLKATA, KOLKATA vs. CENTRAL BANK OF INDIA EMPLOYEES COOPERATIVE SOCIETY LIMITED, KOLKATA

Appeal is allowed for statistical purposes in above terms

Bench: Shri P.M.Jagtap, Vice- & Shri S.S.Godaraassessment Year:1014-15

disallowed on the ground that this income was not business profit of the assessee society but was income from other sources. The Ld. tribunal has also has held that income from investment in banks and other financial institutions is the business income of the assessee society and it is eligible to get deduction under Section 80P

MADHUSUDANKATI SAMABAY KRISHI UNNAYAN SAMITY LTD.,KOLKATA vs. ITO, WD-49(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is partly allowed

Bench: Hon’Ble Shri A.T.Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A Nos. 420/Kol/2014 Assessment Year : 2010-11 Madhusudankati Samabay Vs. I.T.O.Ward 49(1), Kolkata Krishi Unnayan Samity’ Ltd. Pan : Aaaam 7591 F] (Respondent) (Appellant) For The Appellant : Kakoli Das, Ito For The Respondent : Arvind Agarwal, Advocate Date Of Hearing : 23.06.2017. Date Of Pronouncement : 14.07.2017

section 143(3) of the Act dated 30.11.2012 for the Asst Year 2010-11. 2. The first issue to be decided in this appeal is as to whether the ld CITA was justified in disallowing the deduction u/s 80P

SE, SEC & E RAILWAYS ECCS LTD.(FORMERLY KNOWN AS SOUTH EASTERN RAILWAY EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LTD.),KOLKATA vs. ACIT, CIRCLE-28, KOLKATA, KOLKATA

In the result, the appeal of the assessee is treated as partly allowed for statistical purposes

Bench: Shri P.M. Jagtap & Shri K. Narasimha Chary

disallowance made by the Assessing Officer and confirmed by the ld. CIT(Appeals) on account of assessee’s claim for deduction under section 80P

TAJPUR S.K.U.S LTD.,MAHISHADAL, PURBA MEDINIPUR vs. LD. DCIT , PRESTIGE ALPHA NO.48/1, 48/2 BERATENAAGRAHARA BEGUR, HOSUR ROAD

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

Bench: Sri Sonjoy Sarma & Sri Rakesh Mishra

disallowance under section 80P of the Act cannot be made as a prima facie adjustment under section 143(1)(a) of the Page

DURGAMONDAP SAMABAY KRISHI UNNAYN SAMATI LTD. ,ITO, WARD NO-49(1), KOLKATA vs. ITO, WARD NO- 49(1), KOLKATA. , KOLKATA

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

Bench: Pradip Kumar Choubey & Sri Sanjay Awasthi

section 80P - Assessing Officer made disallowance under section 80P(2)(a)(vi) since assessee's returns were filed much beyond

ITO, WD-32(2), KOLKATA, KOLKATA vs. M/S NATIONAL COAL DEVELOPMENT CORPORATION STAFF CO-OPERATIVE CREDIT SOCIETY LTD., KOLKATA

In the result, Revenue’s appeal stands allowed partly for statistical purpose

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year:2012-13 Income Tax Officer, M/S National Coal बनाम Ward-32(2),Pr. Development Corporation / Commissioner Of Staff Co-Operative Credit V/S. Income Tax, 10- Society Ltd., Thapar B,Middleton Row, 3Rd, House, 5Th Floor, 25, Floor, Boaboune Road, Kolkata- Kolkata-71 001 [Pan No.Aaaln 0409 N] .. अपीलाथ" /Appellant ""यथ" /Respondent Shri Araindam Bhattacharjee, Addl. Cit-Dr अपीलाथ" क" ओर से/By Appellant Shri Subash Agarwl, Advocate ""यथ" क" ओर से/By Respondent 03-11-2017 सुनवाई क" तार"ख/Date Of Hearing 15-12-2017 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Revenue Is Against The Order Of Commissioner Of Income Tax (Appeals)-9, Kolkata Dated 23.07.2015. Assessment Was Framed By Ito Ward- 32(2), Kolkata U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 30.09.2014 For Assessment Year 2012-13. The Grounds Raised By The Revenue Per Its Appeal Are As Under:- “1. For That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Was Not Justified In Confirming The Sanction Of The Ao In Holding That The Interest Income Earned By The Assessee-Credit Society Amounting To Rs.40,76,664/- On Account Of Fixed Deposits Does Not Qualify For Deduction U/S 80P.

80P(2)(a)(i) of the Act. However, the AO disallowed the deduction claimed by the assessee under section 80P

PANDAVESWAR COLLIERY EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LIMITED,DURGAPUR vs. ITO, WARD-2(4), DURGAPUR, DURGAPUR

In the result, the appeal of the assessee is allowed

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

disallowing deduction under section 80P by invoking section 80AC and thereby raising a demand under section 143(1) amounting to ₹10,11,840.00. Aggrieved

BISHNUPUR ROWTARA PRIMARY AGRICULTURE CO-OPERATIVE CREDIT SOCIETY LIMITED. ,KOTWALI vs. ITO,WARD- 41(1), NADIA, NADIA

In the result, appeal of the Revenue is dismissed

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 626/Kol/2024 Assessment Year: 2016-2017 Bishnupur Rowtara Primary Agriculture Cooperative Credit Society Limited,….………Appellant Bishnupur, Kotwali, Nadia-741103, West Bengal [Pan:Aacab3042Q] -Vs.- Income Tax Officer,……………………………..Respondent Ward-41(1), Nadia, Krishnanagar, Nadia-741101, West Bengal Appearances By: Shri P.K. Ray, Shri Ripan Chand Halder & Shri Trideep Nayak, A.Rs., Appeared On Behalf Of The Assessee Shri Somnath Das Biswas, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: May 20, 2025 Date Of Pronouncing The Order: July 28, 2025 O R D E R

section 80P(2)(d), the assessee is eligible to claim deduction U/s. 80P(2)(a)(i) of the Act only when it is invested with any other cooperative society. The Ld. AO also placed heavy reliance in the case of M/s. Totgars Cooperative Sale Society Ltd (supra) while disallowing

KASHIPUR BRIHANDAYATAN CREDIT COOPERATIVE SOCIETY LTD.,PURULIA vs. ITO, WARD- 3(2), PURULIA

In the result, appeal of the Revenue is dismissed

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 249/Kol/2025 Assessment Year: 2017-2018 Kashipur Brihadayatan Credit Cooperative Society Limited,………………………………………Appellant Vill. & P.O. Kalapathar, District-Purulia-723121, West Bengal [Pan:Aaaak9453E] -Vs.- Income Tax Officer,…………………………..…..Respondent Ward-3(2), Purulia, South Lake Road, Purulia-723101, W.B. Appearances By: Shri M. Goenka, C.A. & Shri S. Goenka, C.A., Appeared On Behalf Of The Assessee Shri Susanta Saha, Sr. D.R., Addl. Cit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: September 03, 2025 Date Of Pronouncing The Order: November 17, 2025 O R D E R

section 80P(2)(d), the assessee is eligible to claim deduction U/s. 80P(2)(a)(i) of the Act only when it is invested with any other cooperative society. The Ld. AO also placed heavy reliance in the case of M/s. Totgars Cooperative Sale Society Ltd (supra) while disallowing

TALUK GOPALPUR SAMABAY KRISHI UNNAYAN SAMITY LIMITED. ,MEDINIPUR vs. ITO, WARD NO-27(3), HALDIA, HALDIA

In the result, the appellant fails with respect to ground no

Bench: Pradip Kumar Choubey & Sri Sanjay Awasthi

section. Moreover, the judgment in the case of Totgars Co-operative Sale Society Ltd. v. ITO [2010] 322 ITR 283/188 Taxman 282 (SC) is a binding authority for the preposition that 'interest income arising on the surplus invested in short-term deposits and securities. . . . . . . would come in the category of income from other sources.' [Para 9]” 2.3. Incidentally, this case

KHANDRA COLLIERY EMPLOYEES CO OPERATIVE CREDIT SOCIETY LTD.,BARDHAMAN vs. THE AO, CPC BANGALORE / ITO, WARD-1(1), BURDWAN, BURDWAN

The appeal of the assessee is allowed

Bench: The Ld. Cit(A), Where Also He Could Not Succeed.

section 80P - Assessing Officer made disallowance under section 80P(2)(a)(vi) since assessee's returns were filed much beyond

RATULIA SAMABAY KRISHI UNNYAN SAMITI LTD.,EAST MEDINIPUR vs. I.T.O., WARD - 27(3), HALDIA

In the result, appeal of the assessee is allowed

Bench: SHRI GEORGE MATHAN (Judicial Member)

section 80P - Assessing Officer made disallowance under section 80P(2)(a)(vi) since assessee's returns were filed much beyond