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4 results for “TDS”+ Section 80P(4)clear

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Key Topics

Section 407Section 80P6Section 80P(2)(a)5Section 194A4Section 80P(2)(d)4Deduction4Section 143(3)3Section 80P(2)(i)3TDS3Disallowance

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 2 (1), PANAJI., PANAJI vs. SHREE KALIKA URBAN CO-OP. CREDIT SOCIETY LIMITED , MAPUSA

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

ITA 367/PAN/2017[2014-15]Status: DisposedITAT Panaji15 Nov 2021AY 2014-15

Bench: Shri Inturi Rama Rao, Am & Shri S. S. Viswanethra Ravi, Jm आयकर अपील सं. / Ita No.367/Pan/2017 िनधा"रण वष" / Assessment Year : 2014-15 Acit, Circle-2(1), .......अपीलाथ" / Appellant Panaji. बनाम / V/S. Shree Kalika Urban Co-Op. Credit Society Ltd., Block No.6, Om Chambers, Feira Baiya, Near Laxminarayan Temple, Mapusa Bardes, Goa. ……""यथ" / Respondent Pan : Aacas1697Q Revenue By : Shri Sourabh Nayak Assessee By : Shri R. K. Pikale सुनवाई क" तारीख / Date Of Hearing : 09.11.2021 घोषणा क" तारीख / Date Of Pronouncement : 15.11.2021 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Revenue Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-2, Panaji (‘Cit(A)’ For Short) Dated 20.09.2017 For The Assessment Year 2014-15. 2. The Revenue Raised The Following Grounds Of Appeal :- “1. The Order Of The Ld. Cit (A) Is Opposed To Law & Facts Of The Case. 2. The Ld. Cit(A) Has Erred In Deleting Addition On Account Of Disallowance Of Deduction In Respect Of Income Of Co-Operative Society U/S. 80P(2)(A)(I), 80P(2)(C)(Ii), 80P(2)(D) & 40(A)(Ia) On The Ground That The Assessee Is A Co- Operative Society, Accepts Deposits Only From Its Members & Can Lend Money Only To Its Members & It Cannot Issue Cheque Books, When The Assessee Accepts Deposits & Grants Loans To Its Members On Which It Makes Profit & Gain By Way Of Charging Interest, Thus Providing Credit Facility Is Akin To Banking Business As Per Section 2(24)(Viia) & Part-V Of The Banking Regulation Act, 1949, Hence The Assessee Is Not Eligible For Deduction U/S. 80P.

For Appellant: Shri R. K. PikaleFor Respondent: Shri Sourabh Nayak
Section 143(3)
3
Addition to Income3
Section 2512
Section 194A
Section 2(24)(viia)
Section 40
Section 5
Section 80P
Section 80P(2)
Section 80P(2)(a)
Section 80P(2)(c)
Section 80P(2)(d)

TDS u/s 40(a)(ia) of the Act of Rs.1,89,65,048/-. While doing so, the Assessing Officer denied the claim of deduction u/s 80P(2)(i)(a) of the Act on the ground that the respondent-assessee society is not a cooperative society but a cooperative bank placing reliance on the provisions of section 80P(4

THE KERI URBAN CO-OP. CREDIT SOCIETY LTD.,KERI, GOA vs. THE INCOME TAX OFFICER, WARD-2(3), PANAJI

Appeal is allowed in above terms

ITA 140/PAN/2019[2015-16]Status: DisposedITAT Panaji19 Dec 2022AY 2015-16

Bench: Shri Satbeer Singh Godara

For Appellant: Shri S.J. KamatFor Respondent: Smt. Neelima Nadkarni, Sr.DR
Section 143(3)Section 40Section 80PSection 80P(2)(a)Section 80P(2)(d)

4 ITA.No.140/PAN/2019 Mantola Cooperative Thrift Credit Society Ltd. (supra) was not preferred to the view of the Hon’ble Karnataka High Court in the case of Tumkur Merchants Souharda Credit Co-op. Ltd. (supra) by observing as under :- “9. The Pune Benches of the Tribunal in Sureshdada Jain Nagari Sahakari Patsanstha Maryadit Vs. The Pr.CIT (ITA No.713/PUN/2016, dated

SHANTADURGA MULTI PURPOSE SOUHARDA SAHAKARI NIYAMIT,BELAGAVI vs. INCOME TAX OFFICER, WARD -M 2, BELAGAVI

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 205/PAN/2025[2018-19]Status: DisposedITAT Panaji12 Feb 2026AY 2018-19

Bench: Shri Pavan Kumar Gadale & Shri G D Padmahshalii T A. No.205/Pan/2025 (A.Y. 2018-19 ) Shantadurgamultipurpose Vs I T O, Souharda Sahakari Niyamit, National E Assessment . Shop.No.13/14,Mangaldeep Centre, Apartments, Opp:Herwadkar, Delhi. Belgaum-590006, Karnataka. . Pan .No. Aahas7562F (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent)

Section 80P(2)(a)

TDS u/sec194IA(P) of the Act was deducted and (ii) purchase of units of mutual funds are done by the assesse in the F.Y.2017-18 and the assesse has not filed the return of income for the A.Y.2018-19. The Assessing officer (A.O) has reason to believe that the income has escaped the assessment and issued notice u/sec148

MAHALASA URBAN CO-OPERATIVE CREDIT SOCIETY LIMITED ,PHONDA vs. INCOME TAX OFFICER, WARD - 2(3), PANAJI

Appeal is allowed in above terms

ITA 56/PAN/2019[2015-16]Status: DisposedITAT Panaji19 Jul 2023AY 2015-16

Bench: Shri Satbeer Singh Godara & Shri G.D. Padmahshali

For Appellant: -None-For Respondent: Shri N. Shrikanth
Section 143(3)Section 251Section 40Section 80PSection 80P(4)

80P be struck down " after already holding "that the appellant is not a co-operative bank but a co- operative society” 2. In the facts and circumstances of the case, the Commissioner of Income Tax (Appeals) has no jurisdiction u/s 251 for remanding to AO or directing the AO to decide, subject to conditions, in accordance with directions; and accordingly