THE DCIT, CIR-3(2) GANGTOK, GANGTOK SIKKIM vs. SIKKIM STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED , GANGTOK SIKKIM

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

disallowed the claim of deduction under section 80P (2) (d) and held that the entire interest income of Rs. 2,59,49,002/-, was taxable as Income from Other Sources under section 56, as the assessee has failed to produce any evidence to show that it has incurred any expenditure wholly and exclusively to earn such interest income.” 3.3. During

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

C” BENCH KOLKATA BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND SHRI RAKESH MISHRA, ACCOUNTANT MEMBER ITA No.1320 /KOL/2023 Assessment Years: 2013-14 The W.B. State Co-op. Agri And Assistant Commissioner of Rural Development Bank Ltd. Income-tax, Circle-32, Vs 25D, Shakespeare Sarani, Kolkata. Kolkata-700017. (PAN: AAAJT0468K) (Appellant) (Respondent) Present for: Appellant by : Shri Palas Chattopadhya, AR Respondent

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.

2,22,704/- under section 80P of the Act. The issue for consideration before us is that whether once the return of income is filed beyond the prescribed date under section 139(1) of the Act, can the deduction under section 80P of the Act be denied to the assessee, by way of adjustment under section

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

C” BENCH KOLKATA Before Shri Manunatha G, Accountant Member and Shri Sonjoy Sarma, Judicial Member I.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, And S. Goenka, CA, appeared on behalf of the assessee

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.

C. —Deductions in respect of certain incomes", no such deduction shall be allowed to him unless he furnishes a return of his income for such assessment year on or before the due date specified under sub-section (1) of section 139.]” 3.3. A careful perusal of the said Sections reveals that Section 143(1)(a) of the Act has been

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

80P(2)(a)(i) but would also be applicable to all banks/commercial_banks, to which Banking Regulation Act, 1949 applies.[Para 37] ■ From this, Punjab and Haryana High Court pointed out that this circular carves out a distinction between 'stock-in-trade' and 'investment' and provides that if the motive behind purchase and sale of shares is to earn profit, then

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

Appeal of the assessee is allowed

disallowance of deduction claimed under 98/section 10AA or under any\nof the provisions of Chapter VI-A (emphasis added) under the heading C-\nDeductions in respect of certain incomes, if the return is furnished beyond\nthe due date specified under sub-section (1) of section 139; or\n3. 2. Furthermore, Section 80AC of the Act reads as under:\n\"[Deduction

JALUIDANGA PASCHIM NASARATPUR SAMABY KRISHI UNNAYAN SAMITY LIMITED,BARDHAMAN, WEST BENGAL vs. INCOME TAX OPPFICER, WARD-1(3), BURDWAN

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

c) of the Income Tax Act 1961 for the activities other than as mentioned in section 80P(2)(a) and 80P(2)(b) of Income Tax Act 1961. Your appellant society filed income tax return for the Assessment year 2017-18 on20/10/2017 showing total income Nil. 3. The Computation of Total Income as per income tax return submitted

THE BANK OF TOKYO-MITSUBISHI LIMITED,KOLKATA vs. ADIT, INT. TAX., KOLKATA

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

Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI S. RIFAUR RAHMAN (Accountant Member)

c) of the Income Tax Act 1961 for the activities other than as mentioned in section 80P(2)(a) and 80P(2)(b) of Income Tax Act 1961. Your appellant society filed income tax return for the Assessment year 2017-18 on20/10/2017 showing total income Nil. 3. The Computation of Total Income as per income tax return submitted

MASINAN SAMABAY KRISHI UNNAYAN SAMITY,HOOGHLY vs. I.T.O., WARD - 23(1), HOOGHLY, HOOGHLY

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

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz)

disallowance of Rs.18,15,024/- on account of deduction inadvertently claimed under section 80P(2)(c)(i) instead of 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

C”- deduction in respect of certain income”. It transpires that prior to 01.04.2021, there was no mechanism with the CPC under section 143(1)(a)(v) of the Act for making prima facie adjustment towards disallowance of deduction claimed under section 80P of the Act, if the return is furnished beyond the due date specified under section

DCIT, CIR-5(1), , KOLKATA vs. M/S COAL INDIA LTD., KOLKATA

c) of the assessee are dismissed.\n5.9. As regards the issue in relation to section 115JB, the ld. Counsel\nfor the assessee in support of the aforesaid grounds of appeal\nsubmitted that disallowance computed as per Rule 8D of the Rules\nPage 31\nITA Nos.: 466, 622, 467, 623/KOL/2018 &\n1406, 1696, 1407, 1697/KOL/2019\nAYs: 2011-12 to 2014-15\nM/s

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

In the result, the appeals filed by the assessee in ITA Nos

c) of the assessee are dismissed.\n5.9. As regards the issue in relation to section 115JB, the ld. Counsel\nfor the assessee in support of the aforesaid grounds of appeal\nsubmitted that disallowance computed as per Rule 8D of the Rules\ncannot be applied u/s 115JB of the Act and the provisions of section\n14A are restricted to computation

DCIT, CIR-5(1), , KOLKATA vs. M/S COAL INDIA LTD., KOLKATA

c) of the assessee are dismissed.\n5.9. As regards the issue in relation to section 115JB, the ld. Counsel\nfor the assessee in support of the aforesaid grounds of appeal\nsubmitted that disallowance computed as per Rule 8D of the Rules\ncannot be applied u/s 115JB of the Act and the provisions of section\n14A are restricted to computation

THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 3(2), GANGTOK, GANGTOK SIKKIM vs. SIKKIM STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED , GANGTOK SIKKIM

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

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

80P (2)(d) of the Act, as the disallowance itself has been deleted in appeal against the quantum, and the claim of deduction has been fully allowed. Therefore, the action of AO in imposing penalty under section 270A for under reporting in consequence of misreporting of income, in respect of this disallowance, cannot be sustained. 6.4 Hon'ble High Court

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

C. —Deductions in respect of certain incomes", no such deduction shall be allowed to him unless he furnishes a return of his income for such assessment year on or before the due date specified under sub-section (1) of section 139.]” 3.3. A careful perusal of the said Sections reveals that Section 143(1)(a) of the Act has been

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

c) of the assessee are dismissed.\n5.9. As regards the issue in relation to section 115JB, the ld. Counsel\nfor the assessee in support of the aforesaid grounds of appeal\nsubmitted that disallowance computed as per Rule 8D of the Rules\nPage | 32\nITA Nos.: 466, 622, 467, 623/KOL/2018 &\n1406, 1696, 1407, 1697/KOL/2019\nAYs: 2011-12 to 2014-15\nM/s

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

c) of the assessee are dismissed.\n5.9. As regards the issue in relation to section 115JB, the ld. Counsel\nfor the assessee in support of the aforesaid grounds of appeal\nsubmitted that disallowance computed as per Rule 8D of the Rules\nPage 32\nITA Nos.: 466, 622, 467, 623/KOL/2018 &\n1406, 1696, 1407, 1697/KOL/2019\nAYs: 2011-12 to 2014-15\nM/s