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

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

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

NABARUN S K U S LTD.,NADIA vs. I.T.O.WARD-41(1), KRISHNANAGAR

Appeal of the assessee is allowed

disallowing\nclaim of deduction of Rs.19,43,520/- by failing to appreciate that provisions of\nunder section 143(1)(a)(v) of the Income Tax Act, 1961 do not provide for denial\nof 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

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

SRIDHARPUR CO-OPERATIVE BANK,BURDHAMAN vs. INCOME TAX OFFICER, WARD-2(1), BURDWAN

In the result, the appeal of the assessee is allowed

Bench: Shri Manunatha G & Shri Sonjoy Sarmai.T.A. No.2106/Kol/2024 Assessment Year: 2020-21 Sridharpur Co-Operative Bank …………………................................……….…Appellant Vill & Po. Hat Sridharpur, Memari-I, Dist- Bardhaman, W.B. – 713146. [Pan: Aacas8623A] Vs. Ito, Ward-2(1), Burdwan…..….………………….…..….......……..…...…..…..Respondent Appearances By: Shri M. Goenka & S. Goenka, Ca, Appeared On Behalf Of The Assessee. Shri Sallong Yaden, Addl. Cit-Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : September 17, 2025 Date Of Pronouncing The Order : December 08, 2025 Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), Nfac, Delhi, For The Assessment Year 2020–21, Whereby The Ld. Cit(A) Sustained The Disallowance Made By The Assessing Officer In Respect Of Deduction Claimed By The Assessee Under Section 80P Of The Income-Tax Act, 1961. 2. Brief Facts Of The Case Are That The Assessee Is A Primary Agricultural Cooperative Credit Society Registered Under The West Bengal Cooperative Societies Act. For The Relevant Assessment Year, The Assessee Filed Its Return Of Income Declaring Nil Taxable Income After Claiming Deduction Of ₹1,99,10,459 Under Section 80P Of The Act. The Case Of The Assessee Was Selected For

disallowance made by the Assessing Officer in respect of deduction claimed by the assessee under Section 80P of the Income

DCIT, CIRCLE - 5(1), KOLKATA, KOLKATA vs. M/S. COAL INDIA LIMITED , KOLKATA

disallowed and cannot be treated as business expenditure. Keeping this objective behind section 14A in mind, the said provision has to be interpreted, particularly, the word 'in relation to the income' that does not form part of total income. Considered in this hue, the principle of apportionment of expenses comes into play as that is the principle which is engrained

KISHOREPUR PASCHIMANCHAL S K U S LIMITED,HOOGHLY vs. I.T.O., WARD - 23(1), HOOGHLY, HOOGHLY

In the result, appeal of the assessee is allowed

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 716/Kol/2022 Assessment Year: 2019-2020 Kishorepur Paschimanchal Skus Limited Income Tax Officer, Bandipur, Malay Bandipur Ward-23(1), Hooghly Vs B.O. Bandipur Hooghly - 712617 [Pan : Aacak9370Q] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddharth Agarwal, Advocate Revenue By : Shri P.P. Barman, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 22/05/2022 घोषणा क" तारीख/Date Of Pronouncement : 22/05/2023 आदेश/O R D E R Per Sanjay Garg: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Dated 13/10/2022, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2019-20. 2. The Assessee Has Raised The Following Revised Grounds Of Appeal:- “1. For That The Ld. Cit(A) Was Not Justified In Confirming The Denial Of Benefit Of Section 80P To The Tune Of Rs. 6,32,082/- By A.O. (Cpc) On The Ground Of Belated Filing Of Return Of Income. 2. For That The Ld. Cit(A) Ought To Have Appreciated That The Delay In Filing Of Return Of Income Was Occasioned Due To Reasons Beyond The Control Of The Assessee. 3. For That The Ld. Cit(A) Ought To Have Appreciated That The Denial Of Benefit U/S 80P On Account Of Delay In Filing Return Of Income Was Beyond The Jurisdiction Of The A.O. (Cpc) While Exercising Power Of Processing Return Of Income U/S 143(1).” 3. Brief Facts Of The Case Are That The Assessee Received An Intimation From Cpc, Bangalore U/S 143(1) Of The Act Making An Adjustment In Returned Income By Which Cpc Did Not Grant Deduction U/S 80P Of The Act At Rs. 6,32,082/- Claimed By

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

JAGANNATH KARBARH DESHAPRAN SAMABAY KRISHI UNNAYAN SAMITY LTD.,EGRA, PURBA MEDINIPUR vs. I.T.O., WARD - 27(4), HALDIA, HALDIA

In the result, appeal of the assessee is allowed

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 667/Kol/2022 Assessment Year: 2018-19 Jagannath Karbarh Deshapran Skus Ltd. Income Tax Officer, Jagannath Karbarh Ward-27(4), Haldia Vs Pirijkhanbarh Egra Purba Medinipur -721422 [Pan : Aacaj0089M] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddharth Agarwal, Advocate Revenue By : Shri P.P. Barman, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 22/05/2022 घोषणा क" तारीख/Date Of Pronouncement : 22/05/2023 आदेश/O R D E R Per Sanjay Garg: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Dated 22/09/2022, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2018-19. 2. The Assessee Has Raised The Following Revised Grounds Of Appeal:- “1. For That The Ld. Cit(A) Was Not Justified In Confirming The Action Of The A.O. (Cpc) In Denying Deduction U/S Section 80P To The Tune Of Rs. 15,31,190/- For Belated Filing Of The Return Of Income. 2. For That The Ld. Cit(A) Ought To Have Considered That The Reason For Belated Filing Of Return Of Income Was Beyond The Control Of The Society. 3. For That The Ld. Cit(A) Ought To Have Considered That The Issue Was Debatable & The Adjustment U/S 143(1) Was Not Permissible In Law.” 3. Brief Facts Of The Case Are That The Assessee Received An Intimation From Cpc, Bangalore U/S 143(1) Of The Act Making An Adjustment In Returned Income By Which Cpc Did Not Grant Deduction U/S 80P Of The Act At Rs. 15,31,190/- Claimed

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

GOPMAHAL SAMABAY KRISHI UNNAYAN SAMITY LTD.,PASCHIM MEDINIPUR vs. ACIT, CIR. 38, MIDNAPUR

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

section 80P of The Income Tax act,1961. There is no sense to add back the ‘Provision for NPA-SUBSTANDARD’ with the profit because the appellant is a Primary Agricultural Co-operative Credit Society and is eligible to get deduction of its 100% profit u/s 80P(2) under Chapter VI-A. Page 4 of 17 I.T.A. Nos.: 76 & 77/KOL/2024 Assessment

GOPMAHAL SAMABAY KRISHI UNNAYAN SAMITY LTD.,MEDINIPUR vs. ACIT, CIR. 38, MIDNAPORE

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

section 80P of The Income Tax act,1961. There is no sense to add back the ‘Provision for NPA-SUBSTANDARD’ with the profit because the appellant is a Primary Agricultural Co-operative Credit Society and is eligible to get deduction of its 100% profit u/s 80P(2) under Chapter VI-A. Page 4 of 17 I.T.A. Nos.: 76 & 77/KOL/2024 Assessment

M/S. DIGNAGAR SAMABAI KRISHI UNNAYAN SAMITI LTD.,NADIA vs. I.T.O., WARD - 41(1), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

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