RUSTOMJEE ASPIREE PREMISES CO-OP SOC. LTD ,MUMBAI vs. ITO, WARD 26(2)(5), MUMBAI

In the result the appeal filed by the assessee is allowed

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2017-18 Rustomjee Aspiree Premises Co- Ito Ward 26(2)(5), Op. Soc. Ltd., Room No. 319, 3Rd Floor, Kautilya Vs. Ground Floor, Rustomjee Bhavan, C-41 To C-43, ‘G’ Block Aspiree, Cts No. 628, Ai, Pt Bandra Kurla Complex, Bandra Kurla, Eatern Express Highway, (East), Mumbai-400051. Sion, Mumbai-400022. Pan No. Aabar 4001 L Appellant Respondent

section (4) of Sec. 80P was that the co- operative banks which were functioning at par with other banks operative banks which were functioning at par with other banks operative banks which were functioning at par with other banks would no more be entitled for claim of deduction under Sec. 80P(4) of would no more be entitled for claim

SAI PRERNA CO-OP. CREDIT SOCIETY LTD,MUMBAI vs. ITO WD 17(3) (2) , MUMBAI

In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are decided as under:

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 217, 220 & 221, 218 & 219, 215, 214/Mum/2023 Assessment Years: 2013-14, 2016-17, 2017-18, 2018-19, 2020-21 Sai Prerana Co-Op Credit Ito-17(3)(2), Society Ltd., Room No. 126, 1St Floor, Vs. 317, Puran Aasha Bldg, Gr. Fl. Kautilya Bhavan, C-41 To C- Narashi Natha Street, Katha 43, G Block Bandra Kurla Bazar Masjid Bunder (W), Complex, Bandra (East), Mumbai-400 009. Mumbai-400051. Pan No. Aadts 5638 M Appellant Respondent

disallowed. 4. Assessee claimed deduction u/s 800(2) which is clearly in 4. Assessee claimed deduction u/s 800(2) which is clearly in 4. Assessee claimed deduction u/s 800(2) which is clearly in contravention to provisions of the Act. The income from FD contravention to provisions of the Act. The income from FD contravention to provisions

INCOME TAX OFFICER-26(2)(1), MUMBAI vs. SAI PRERANA CO-OP CREDIT SOCIETY LTD., MUMBAI

In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are decided as under:

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 217, 220 & 221, 218 & 219, 215, 214/Mum/2023 Assessment Years: 2013-14, 2016-17, 2017-18, 2018-19, 2020-21 Sai Prerana Co-Op Credit Ito-17(3)(2), Society Ltd., Room No. 126, 1St Floor, Vs. 317, Puran Aasha Bldg, Gr. Fl. Kautilya Bhavan, C-41 To C- Narashi Natha Street, Katha 43, G Block Bandra Kurla Bazar Masjid Bunder (W), Complex, Bandra (East), Mumbai-400 009. Mumbai-400051. Pan No. Aadts 5638 M Appellant Respondent

disallowed. 4. Assessee claimed deduction u/s 800(2) which is clearly in 4. Assessee claimed deduction u/s 800(2) which is clearly in 4. Assessee claimed deduction u/s 800(2) which is clearly in contravention to provisions of the Act. The income from FD contravention to provisions of the Act. The income from FD contravention to provisions

ITO-26(2)(1), MUMBAI vs. SAI PRERANA CO-OP CREDIT SOCIETY LTD, MUMBAI

In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are decided as under:

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 217, 220 & 221, 218 & 219, 215, 214/Mum/2023 Assessment Years: 2013-14, 2016-17, 2017-18, 2018-19, 2020-21 Sai Prerana Co-Op Credit Ito-17(3)(2), Society Ltd., Room No. 126, 1St Floor, Vs. 317, Puran Aasha Bldg, Gr. Fl. Kautilya Bhavan, C-41 To C- Narashi Natha Street, Katha 43, G Block Bandra Kurla Bazar Masjid Bunder (W), Complex, Bandra (East), Mumbai-400 009. Mumbai-400051. Pan No. Aadts 5638 M Appellant Respondent

disallowed. 4. Assessee claimed deduction u/s 800(2) which is clearly in 4. Assessee claimed deduction u/s 800(2) which is clearly in 4. Assessee claimed deduction u/s 800(2) which is clearly in contravention to provisions of the Act. The income from FD contravention to provisions of the Act. The income from FD contravention to provisions

SAI PRERNA CO-OP. CREDIT SOCIETY LTD,MUMBAI vs. ITO WD 17(3) (2) , MUMBAI

In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are decided as under:

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 217, 220 & 221, 218 & 219, 215, 214/Mum/2023 Assessment Years: 2013-14, 2016-17, 2017-18, 2018-19, 2020-21 Sai Prerana Co-Op Credit Ito-17(3)(2), Society Ltd., Room No. 126, 1St Floor, Vs. 317, Puran Aasha Bldg, Gr. Fl. Kautilya Bhavan, C-41 To C- Narashi Natha Street, Katha 43, G Block Bandra Kurla Bazar Masjid Bunder (W), Complex, Bandra (East), Mumbai-400 009. Mumbai-400051. Pan No. Aadts 5638 M Appellant Respondent

disallowed. 4. Assessee claimed deduction u/s 800(2) which is clearly in 4. Assessee claimed deduction u/s 800(2) which is clearly in 4. Assessee claimed deduction u/s 800(2) which is clearly in contravention to provisions of the Act. The income from FD contravention to provisions of the Act. The income from FD contravention to provisions

ITO-26(2)(1) , MUMBAI vs. SAI PRERANA CO-OP CREDIT SOCIETY LTD, MUMBAI

In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are decided as under:

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 217, 220 & 221, 218 & 219, 215, 214/Mum/2023 Assessment Years: 2013-14, 2016-17, 2017-18, 2018-19, 2020-21 Sai Prerana Co-Op Credit Ito-17(3)(2), Society Ltd., Room No. 126, 1St Floor, Vs. 317, Puran Aasha Bldg, Gr. Fl. Kautilya Bhavan, C-41 To C- Narashi Natha Street, Katha 43, G Block Bandra Kurla Bazar Masjid Bunder (W), Complex, Bandra (East), Mumbai-400 009. Mumbai-400051. Pan No. Aadts 5638 M Appellant Respondent

disallowed. 4. Assessee claimed deduction u/s 800(2) which is clearly in 4. Assessee claimed deduction u/s 800(2) which is clearly in 4. Assessee claimed deduction u/s 800(2) which is clearly in contravention to provisions of the Act. The income from FD contravention to provisions of the Act. The income from FD contravention to provisions

INCOME TAX OFFICER-26(2)(1), MUMBAI vs. SAI PRERANA CO-OP CREDIT SOCIETY LTD., MUMBAI

In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are decided as under:

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 217, 220 & 221, 218 & 219, 215, 214/Mum/2023 Assessment Years: 2013-14, 2016-17, 2017-18, 2018-19, 2020-21 Sai Prerana Co-Op Credit Ito-17(3)(2), Society Ltd., Room No. 126, 1St Floor, Vs. 317, Puran Aasha Bldg, Gr. Fl. Kautilya Bhavan, C-41 To C- Narashi Natha Street, Katha 43, G Block Bandra Kurla Bazar Masjid Bunder (W), Complex, Bandra (East), Mumbai-400 009. Mumbai-400051. Pan No. Aadts 5638 M Appellant Respondent

disallowed. 4. Assessee claimed deduction u/s 800(2) which is clearly in 4. Assessee claimed deduction u/s 800(2) which is clearly in 4. Assessee claimed deduction u/s 800(2) which is clearly in contravention to provisions of the Act. The income from FD contravention to provisions of the Act. The income from FD contravention to provisions

SAI PRERNA CO-OP. CREDIT SOCIETY LTD,MUMBAI vs. ITO WD 17(3) (2) , MUMBAI

In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are In the result, appeals of the assessee and the Revenue are decided as under:

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 217, 220 & 221, 218 & 219, 215, 214/Mum/2023 Assessment Years: 2013-14, 2016-17, 2017-18, 2018-19, 2020-21 Sai Prerana Co-Op Credit Ito-17(3)(2), Society Ltd., Room No. 126, 1St Floor, Vs. 317, Puran Aasha Bldg, Gr. Fl. Kautilya Bhavan, C-41 To C- Narashi Natha Street, Katha 43, G Block Bandra Kurla Bazar Masjid Bunder (W), Complex, Bandra (East), Mumbai-400 009. Mumbai-400051. Pan No. Aadts 5638 M Appellant Respondent

disallowed. 4. Assessee claimed deduction u/s 800(2) which is clearly in 4. Assessee claimed deduction u/s 800(2) which is clearly in 4. Assessee claimed deduction u/s 800(2) which is clearly in contravention to provisions of the Act. The income from FD contravention to provisions of the Act. The income from FD contravention to provisions

ITO 15(2)(4), MUMBAI vs. SHIVRAJ SAHAKARI PATSANSTHA MARYADIT, MUMBAI

Bench: S/Sh.Rajendra & Amarjit Singhिनधा"रण वष" वष" /Assessment Year: 2010-11 आयकर अपील सं./I.T.A./5268/Mum/2014,िनधा"रण िनधा"रण िनधा"रण वष" वष" Income Tax Officer-15(2)(4) M/S. Shivraj Sahakari Patsanstha Maryadit Matru Mandir, Room No.111, Grant S.S. Sanstha Maryadit, Omkar Chs, Bldg. Road(W) Vs. No.32/934, Pant Nagar, Ghatkopar (E) Mumbai-400 007. Mumbai. Pan:Aaajs 2751 A (अपीलाथ" /Appellant) (""यथ" / Respondent) राज"व क" ओर से / Revenue By: Dr. A.K. Nayak-Dr अपीलाथ" क" ओर से /Assessee By: None सुनवाई क" तारीख / Date Of Hearing: 22/03/2017 घोषणा क" तारीख / Date Of Pronouncement: 31.03.2017 लेखा सद"य सद"य राजे"" राजे"" केकेकेके अनुसार अनुसार /Per Rajendra, Am- लेखा लेखा लेखा सद"य सद"य राजे"" राजे"" अनुसार अनुसार Challenging The Order Dated 16/06/2014 Of The Cit (A)-26, Mumbai, The Assessing Officer (Ao) Has Filed The Present Appeal. Assessee, An Aop, Filed Its Return Of Income On 13/09/2010, Declaring Total Income At Rs. Nil, After Claiming Deduction U/S. 80P Of The Act, Amounting Rs. 44.50 Lakhs. The Ao Completed The Assessment U/S. 143 (3) Of The Act, On 28/03/2013, Determining Its Income At Rs. 44, 50, 811/-

80P of the Act be not disallowed in view of the provisions of sub- section (4) of section 80P of the Act, inserted

GOLD COIN APARTMENTS CO OPERATIVE HOUSING SOCIETY LTD ,MUMBAI vs. ITO WARD 22(1)(1), MUMBAI

In the result, the appeal of the assessee is allowed

Bench: SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER SHRI OMKARESHWAR CHIDARA (Accountant Member)

80P by inserting a new sub Section (4) so as to provide that the provisions of the said section shall not apply in relation to any co-operative bank other than primary co-operative and rural development bank. 3. The learned Asstt. Director of Income Tax CPC Bengaluru CPC vide intimation u/s.143(1) dated 30.09.2022 has erred is disallowing

PARSI SALSETTE BLDG NO. 1 CHS LIMITED ,MUMBAI vs. INCOME TAX OFFICER 24(3)(1), MUMBAI

Accordingly, Ground No. II raised by the Assessee is allowed and as a result, Ground No

Bench: SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

disallowance made fell outside the scope of adjustments specified in Section 143(1) of the Act and (b) in Ground No. II that even on merits the Assessee was entitled to claim deduction under Section 80P(2)(d) of the Act. 4

ITO-26(2)(1), MUMBAI, MUMBAI vs. SANGLI VAIBHAV CO OPERATIVE CREDIT SOCIETY LIMITED, MUMBAI

Bench: SHRI NARENDRA KUMAR BILLAIYA, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

4. Brief facts of the case are that the Assessee, a co-operative credit society registered under Maharashtra Co-operative Societies Act, filed return of income for the Assessment Year 2017-18 on 26/10/2017 declaring ‘Nil’ income after claiming deduction of INR 2,04,65,049/- under Section 80P(2)(d) of the Act. The return of income was processed

SADHANA SAHAKARI PATPEDHI LIMITED,PALGHAR vs. CIT(A), NFAC, DELHI

4. Brief facts of the case are that the Assessee, a co-operative credit society, filed return of income for the Assessment Year 2018-19 on 30/10/2018 declaring total income at INR 3,90,13,911/- after claiming deduction of INR 1,43,20,990/- under Section 80P(2)(a)(i), INR 2,46,43,418/- under Section 80P

ITO-26(2)(1), MUMBAI, MUMBAI vs. SANGLI VAIBHAV CO OPERATIVE CREDIT SOCIETY LIMITED, MUMBAI

Bench: SHRI NARENDRA KUMAR BILLAIYA, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

4. Brief facts of the case are that the Assessee, a co-operative credit society registered under Maharashtra Co-operative Societies Act, filed return of income for the Assessment Year 2017-18 on 26/10/2017 declaring ‘Nil’ income after claiming deduction of INR 2,04,65,049/- under Section 80P(2)(d) of the Act. The return of income was processed

SADHANA SAHAKARI PATPEDHI LIMITED,VASAI, PALGHAR vs. CIT(A), NFAC , DELHI

4. Brief facts of the case are that the Assessee, a co-operative credit society, filed return of income for the Assessment Year 2018-19 on 30/10/2018 declaring total income at INR 3,90,13,911/- after claiming deduction of INR 1,43,20,990/- under Section 80P(2)(a)(i), INR 2,46,43,418/- under Section 80P

ITO-26(2)(1), MUMBAI, MUMBAI vs. SANGLI VAIBHAV CO OPERATIVE CREDIT SOCIETY LIMITED, MUMBAI

Bench: SHRI NARENDRA KUMAR BILLAIYA, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

4. Brief facts of the case are that the Assessee, a co-operative credit society registered under Maharashtra Co-operative Societies Act, filed return of income for the Assessment Year 2017-18 on 26/10/2017 declaring ‘Nil’ income after claiming deduction of INR 2,04,65,049/- under Section 80P(2)(d) of the Act. The return of income was processed

JAI JALARAM CO-OPERATIVE CREDIT SOCIETY LIMITED,MUMBAI vs. THE INCOME TAX OFFICER, WARD 29(1)(5), MUMBAI

In the result appeal of the assessee is allowed partly for esult appeal of the assessee is allowed partly for esult appeal of the assessee is allowed partly for statistical purpose

Bench: Shri Sandeep Gosain () & Shri Om Prakash Kant () Assessment Year: 2015-16 Jai Jalaram Co-Operative Credit The Ito Ward 29(1)(5), Society Ltd., Kautilya Bhavan, Bandra Kurla Vs. Shop No. -2 Ground Floor, Shop Complex, No. -2 Ground Floor, Mulund Mumbai-400051. Siddhivinayak C.H.S. Near Punjab National Bank Zaver Road, Mulund West, Mumbai-400080. Pan No. Aaaaj 2603 B Appellant Respondent

section 80P(2)(d)/ 80P(2)(a)(i). Thus, the AO is justified in disallowing the deduction of Rs 2,86,069/ is justified in disallowing the deduction of Rs 2,86,069/ is justified in disallowing the deduction of Rs 2,86,069/- claimed u/s 80P of the Act. claimed u/s 80P of the Act. Accordingly, the appeal

DHANVARSHA NAGRI SAHAKARI PATASANTHA LIMITED,NAVI MUMBAI vs. ITO WARD 28(1)(3), NAVI MUMBAI

Accordingly, in view of paragraph 10 to 15 above, disallowance of INR.32,63,969/- is deleted and claim of deduction under Section 80P of the Act as made by the Appellant is allowed

Bench: the Tribunal. Therefore, the delay of 22 days in filing the appeal is condoned. 4. We note that the Appellant has raised the following grounds in the

disallowance invoking provisions of Section 80P(4) of the Act. 12. We find that the disallowance made by the Assessing