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

4) of the Act even though without any amendment in Section 80P(2) (d) of the Act Page 8 of 30 I.T.A. No.: 1021/KOL/2024 Assessment Year: 2020-21 Bibhisanpur Samabay Krishi Unnayan Samity Ltd. is sufficient to deny the claim of the respondent assessee for deduction under Section 80P(2)(d) of the Act." 4.3.6 Thus, the intention of Legislature

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)

4 Gunja Samabay Krishi Unnayan Samity Ltd. A.Y. 2016-17 Section 80P(2)(d) of the I.T. Act 1961 provides that the whole of interest and dividend income derived by a co-operative society from its investments in any other co-operative society is deductible under section 80P(2)(d) of the I.T. Act 1961. Thus the interest income amounting

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

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.

disallowance of deduction under Chapter VI-A. Section 80P of the Act falls under "C.-Deductions in respect of certain incomes". The 4

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)

80P(2)(a)(i) of the Act.” I.T.A No.240/Kol/2018 M/s. Kolkata Reserve Bank Employees Co-operative Credit Society Ltd. 4. We have given our thoughtful consideration to the rival contentions. The Revenue’s case is that the Assessing Officer had rightly disallowed the assessee’s impugned section

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 of deduction for Rs. 11,57,981 is also rejected and the addition is confirmed. Thus Ground Nos. 1, 1.1, 1.2, and 3 are rejected. The total disallowance made

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

section 80P.” 8. We deem it appropriate to conclude in these peculiar facts and circumstances that assessee’s impugned interest income derived from investment is not eligible for u/s 80P(2)(a)(i) deduction per se. Its reliance on learned co-ordinate bench’s decision in its own case dated 01.03.2018 (supra) is not very well founded since going against

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

Appeal of the assessee is allowed

sections": [ "119", "80P", "80AC", "139", "143(1)", "143(1)(a)", "143(1)(a)(v)", "139(1)", "139(4)", "142(1)", "148", "80-IA", "80-1AB", "80-IB", "80-IC", "80-ID", "80-IE", "10AA", "80A" ], "issues": "Whether the AO-CPC could disallow

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

4 of 6 I.T.A. No.: 1981/KOL/2024 Assessment Year: 2018-19 Tajpur S.K.U.S Ltd. covered earlier, therefore, the same is applicable for AY 2021-22 onwards and since there was no specific mention of Section 80P of the Act in the pre-amended provisions, therefore, the disallowance

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

4 of the Original Ground:- These two grounds were taken against the disallowance of deduction claimed u/s. 80P of the I.T. Act, of Rs. 15,78,0591- out of the' Other trading income' of Rs. 70,95,337/- (as computed by the A. O. himself in paragraph 3 (ii) of his order) on the ground that this income was derived

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

4) of the Act and therefore interest earned from them does not qualify for deduction under Section 80P(2)(d) of the Act. He further held that dividend earned from Cooperative Banks is also not eligible for deduction. Consequently, the AO disallowed

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

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 of the Act to the appellant. 4 4. It was the submission that the disallowance permissible u/s.80P of the Act has been

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

disallowing the claim of the assessee for deduction under section 80P in respect of interest earned on Bank deposits in principle. The matter, however, is remanded to the Assessing Officer for the limited purpose of working out the interest earned under I.T.A. No. 26/KOL./2015 Assessment year: 2009-2010 Page 8 of 8 sections 63 and 64 of the Multi

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

disallowance under section 80P(2)(a)(vi) since assessee's returns were filed much beyond date for filing prescribed under section 139 and even under section 148 - On reading sections 80A(5) and 80AC as they stood prior to 1-4-2018, it was noted that statutory scheme under Act was to admit only such claims for deduction under section

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.

4 Khandra Colliery Employees Cooperative Credit Society Ltd. 2009-10 and 2010-11 - Assessee-society, engaged in financing and social welfare of toddy tappers/workers, had claimed deduction under section 80P - Assessing Officer made disallowance

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.

section 80P(2)(a)(i) of the Act stand as under : (1) Interest on fixed deposit Rs.40,76,664/- (2) Interest on reserve fund Rs. 3,66,436/- (3) Interest on bad debts fund Rs. 2,62,408/- (4) Interest on MSSS (Net) Rs.20,33,844/- Accordingly the AO made the disallowance