GRAMA SEVA SAHAKARI SANGH LTD,BELGAUM vs. INCOME TAX OFFICER, WARD - 1(4), BELAGAVI

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

Bench: Shri Inturi Rama Rao, Am & Shri S. S. Viswanethra Ravi, Jm आयकर अपील सं. / Ita No.01/Pan/2018 िनधा"रण वष" / Assessment Year : 2013-14 Grama Seva Sahakari Sangh Ltd., Sankonhatti, Tq: Athani, Dist. Belgaum. .......अपीलाथ" / Appellant Pan : Aaaag0157B बनाम / V/S. Ito, Ward-1(4), ……""यथ" / Respondent Belagavi. Assessee By : Shri Shivanand Halbhavi Revenue By : Shri Sourabh Nayak 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 Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals), Gulbarga (‘Cit(A)’ For Short) Dated 26.10.2017 For The Assessment Year 2013-14. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. The Learned A.O. & Learned Cit (A) Have Erred In Disallowing Deduction Claimed Under Section 80P(2)(A) By Treating Is As Income From Other Sources. 2. The Learned A.O. Has Erred In Treating Income From Business & Profession As Income From Other Sources. 3. The Learned Ao & Learned Cit(A) Have Wrongly Interpreted The Provisions Of Sec 80P(2)(D) By Not Treating As Co-Op. Societies. 4. The Learned Ao Has Wrongly Interpreted The Definition Of Co-Op Society Vide Sec. 2(19) Of The It Act, 1961 By Treating Those Entities Which Are Registered Under The Co-Op Societies, 1912(2 Of 1912), Or Under Any Other Law For The Time Being In Force In Any State For The Registration Of Co-Op Societies, As Not Being Co-Op Societies.

disallowed the deduction claimed u/s 80P(2)(d) without providing any proper reason and without providing any opportunities to the assessee to represent in this particular issue. 6. THAT the Learned CIT(A) has erred in deciding our case on the basis of judgment of Hon’ble Supreme Court in case of the Citizen Co-operative Society

INCOME TAX OFFICER, WARD -2(2), , BELGAVI vs. SHIVA CREDIT SOUHARDA SAHAKARI NIYAMIT, BELGAVI

Bench: Shri Chandra Mohan Garg & Shri Girish Agrawal

disallowance made by the A.O. observing that the income earned from persons other than its regular members would not be eligible for deduction under section 80P(2)(a)(i) of the I.T. Act, 1961 and such income earned from business with persons other than the regular members would be taxable as income from business. Similar issue was placed for adjudication

THE ORGAON URBAN CO-OPERATIVE CREDIT SOCIETY LIMITED,MARCELA vs. INCOME TAX OFFICER, WARD - 2(3), PANAJI

In the result, the appeal filed by the assessee stands allowed

Bench: Shri Inturi Rama Raoआयकर अपील सं. / Ita No.242/Pan/2019 िनधा"रण वष" / Assessment Year : 2015-16 The Orgaon Urban Co- Vs. Ito, Ward-2(3), Panaji, Operative Credit Society Goa. Limited, Deulwada, Marcela, Goa- 403107. Pan : Aaaat6227D Appellant Respondent Assessee By : Shri Madhu Gawde Revenue By : Shri N. Shrikanth Date Of Hearing : 16.11.2022 Date Of Pronouncement : 30.11.2022 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-1, Panaji [‘The Cit(A)’] Dated 29.05.2019 For The Assessment Year 2015-16. 2. The Appellant Raised The Following Grounds Of Appeal :- “1) The Learned Cit(A) Has Not Appreciated Appellants Submission That Though The Appellants Case Was Selected For Limited Scrutiny Under Cass Of Deduction Under Chapter Via & Low Income & High Loans / Advances / Investments The Learned Assessing Officer Erred In Examining Other Issues & Has Wrongly Travelled Beyond His Permitted Ambit In Making The Disallowances U/S. 40(A)(Ia) & Sec. 36(1)(V). 2) The Learned Cit(A) Ought To Have Considered That The Interest Earned On Statutory Investments Of Statutory Funds In The Apex Bank(Cooperative

disallowance u/s 40(a)(ia), the ld. CIT(A) directed the Assessing Officer to allow the claim on proper verification. 5. Being aggrieved, the appellant is in appeal before this Tribunal in the present appeal. 6. Ground of appeal no.1 challenges the correctness of the decision of the ld. CIT(A) denying the benefit of exemption of interest income received

BELLAD BAGEWADI KRISHI SEVA SAHAKARI BANK LIMITED,HUKKERI vs. INCOME TAX OFFICER, WARD-1, GOKAK

Bench: Shri Satbeer Singh Godara & Shri G.D. Padmahshalistay Application Nos.01, 02 & 03/Pan./2023 Arising Out Of Ita.Nos.11, 89 & 116/Pan./2022 Assessment Years 2017-2018, 2018-2019 & 2020-2021 Along With Ita.Nos.11, 89 & 116/Pan./2022 Assessment Years 2017-2018, 2018-2019 & 2020-2021 & Ita.Nos. 05 & 06/Pan./2020 Assessment Years 2007-2008 & 2008-2009 Bellad Bagewadi Krishi Seva The Income Tax Officer, Sahakari Sangh Bellad Ward-1, Bagewadi, Taluka Hukkeri, Dr. Ghogeri Building, Dist. Belagavi – 591 305 Vs. Belgaum Road, State Of Karnataka. Gokak – 591 307. Pan Aaaat0640C State Of Karnataka (Appellant) (Respondent) For Assessee : Shri Shivanand Halbhavi For Revenue : Shri N. Shrikanth Date Of Hearing : 10.07.2023 Date Of Pronouncement : 13.07.2023 Order

disallowing the claim of the 9 ITA.Nos.11, 89 & 116/PAN./2022 S.A.Nos.01, 02 & 03/PAN./2023 & ITA.Nos.05 & 06/PAN./2020 appellant U/s. 80P(2)(d). Alternatively, since the said interest income is attributable to carrying on the business of the appellant society, the same qualifies for deduction U/s. 80P (2)(a)(i) of the Income

BELLAD BAGEWADI KRISHI SEVA SAHAKARI BANK LIMITED,HUKKERI vs. INCOME TAX OFFICER, WARD-1, GOKAK

Bench: Shri Satbeer Singh Godara & Shri G.D. Padmahshalistay Application Nos.01, 02 & 03/Pan./2023 Arising Out Of Ita.Nos.11, 89 & 116/Pan./2022 Assessment Years 2017-2018, 2018-2019 & 2020-2021 Along With Ita.Nos.11, 89 & 116/Pan./2022 Assessment Years 2017-2018, 2018-2019 & 2020-2021 & Ita.Nos. 05 & 06/Pan./2020 Assessment Years 2007-2008 & 2008-2009 Bellad Bagewadi Krishi Seva The Income Tax Officer, Sahakari Sangh Bellad Ward-1, Bagewadi, Taluka Hukkeri, Dr. Ghogeri Building, Dist. Belagavi – 591 305 Vs. Belgaum Road, State Of Karnataka. Gokak – 591 307. Pan Aaaat0640C State Of Karnataka (Appellant) (Respondent) For Assessee : Shri Shivanand Halbhavi For Revenue : Shri N. Shrikanth Date Of Hearing : 10.07.2023 Date Of Pronouncement : 13.07.2023 Order

disallowing the claim of the 9 ITA.Nos.11, 89 & 116/PAN./2022 S.A.Nos.01, 02 & 03/PAN./2023 & ITA.Nos.05 & 06/PAN./2020 appellant U/s. 80P(2)(d). Alternatively, since the said interest income is attributable to carrying on the business of the appellant society, the same qualifies for deduction U/s. 80P (2)(a)(i) of the Income

BELLAD BAGEWADI KRISHI SEVA SAHAKARI SSANGH NIYAMIT,HUKKERI vs. ASSESSING OFFICER, NATIONAL E-ASSESSMENT CENTRE, DELHI

Bench: Shri Satbeer Singh Godara & Shri G.D. Padmahshalistay Application Nos.01, 02 & 03/Pan./2023 Arising Out Of Ita.Nos.11, 89 & 116/Pan./2022 Assessment Years 2017-2018, 2018-2019 & 2020-2021 Along With Ita.Nos.11, 89 & 116/Pan./2022 Assessment Years 2017-2018, 2018-2019 & 2020-2021 & Ita.Nos. 05 & 06/Pan./2020 Assessment Years 2007-2008 & 2008-2009 Bellad Bagewadi Krishi Seva The Income Tax Officer, Sahakari Sangh Bellad Ward-1, Bagewadi, Taluka Hukkeri, Dr. Ghogeri Building, Dist. Belagavi – 591 305 Vs. Belgaum Road, State Of Karnataka. Gokak – 591 307. Pan Aaaat0640C State Of Karnataka (Appellant) (Respondent) For Assessee : Shri Shivanand Halbhavi For Revenue : Shri N. Shrikanth Date Of Hearing : 10.07.2023 Date Of Pronouncement : 13.07.2023 Order

disallowing the claim of the 9 ITA.Nos.11, 89 & 116/PAN./2022 S.A.Nos.01, 02 & 03/PAN./2023 & ITA.Nos.05 & 06/PAN./2020 appellant U/s. 80P(2)(d). Alternatively, since the said interest income is attributable to carrying on the business of the appellant society, the same qualifies for deduction U/s. 80P (2)(a)(i) of the Income

BELLAD BAGEWADI KRISHI SEVA SAHAKARI SANGH NIYAMIT,BELAGAVI vs. ASSESSING OFFICER, NATIONAL E-ASSESSMENT CENTRE, DELHI

Bench: Shri Satbeer Singh Godara & Shri G.D. Padmahshalistay Application Nos.01, 02 & 03/Pan./2023 Arising Out Of Ita.Nos.11, 89 & 116/Pan./2022 Assessment Years 2017-2018, 2018-2019 & 2020-2021 Along With Ita.Nos.11, 89 & 116/Pan./2022 Assessment Years 2017-2018, 2018-2019 & 2020-2021 & Ita.Nos. 05 & 06/Pan./2020 Assessment Years 2007-2008 & 2008-2009 Bellad Bagewadi Krishi Seva The Income Tax Officer, Sahakari Sangh Bellad Ward-1, Bagewadi, Taluka Hukkeri, Dr. Ghogeri Building, Dist. Belagavi – 591 305 Vs. Belgaum Road, State Of Karnataka. Gokak – 591 307. Pan Aaaat0640C State Of Karnataka (Appellant) (Respondent) For Assessee : Shri Shivanand Halbhavi For Revenue : Shri N. Shrikanth Date Of Hearing : 10.07.2023 Date Of Pronouncement : 13.07.2023 Order

disallowing the claim of the 9 ITA.Nos.11, 89 & 116/PAN./2022 S.A.Nos.01, 02 & 03/PAN./2023 & ITA.Nos.05 & 06/PAN./2020 appellant U/s. 80P(2)(d). Alternatively, since the said interest income is attributable to carrying on the business of the appellant society, the same qualifies for deduction U/s. 80P (2)(a)(i) of the Income

BELLAD BAGEWADI KRISHI SEVA SAHAKARI BANK LIMITED,HUKKERI vs. INCOME TAX OFFICER, WARD-1, GOKAK

Bench: Shri Satbeer Singh Godara & Shri G.D. Padmahshalistay Application Nos.01, 02 & 03/Pan./2023 Arising Out Of Ita.Nos.11, 89 & 116/Pan./2022 Assessment Years 2017-2018, 2018-2019 & 2020-2021 Along With Ita.Nos.11, 89 & 116/Pan./2022 Assessment Years 2017-2018, 2018-2019 & 2020-2021 & Ita.Nos. 05 & 06/Pan./2020 Assessment Years 2007-2008 & 2008-2009 Bellad Bagewadi Krishi Seva The Income Tax Officer, Sahakari Sangh Bellad Ward-1, Bagewadi, Taluka Hukkeri, Dr. Ghogeri Building, Dist. Belagavi – 591 305 Vs. Belgaum Road, State Of Karnataka. Gokak – 591 307. Pan Aaaat0640C State Of Karnataka (Appellant) (Respondent) For Assessee : Shri Shivanand Halbhavi For Revenue : Shri N. Shrikanth Date Of Hearing : 10.07.2023 Date Of Pronouncement : 13.07.2023 Order

disallowing the claim of the 9 ITA.Nos.11, 89 & 116/PAN./2022 S.A.Nos.01, 02 & 03/PAN./2023 & ITA.Nos.05 & 06/PAN./2020 appellant U/s. 80P(2)(d). Alternatively, since the said interest income is attributable to carrying on the business of the appellant society, the same qualifies for deduction U/s. 80P (2)(a)(i) of the Income

THE CANACONA URBAN CO-OPERATIVE CREDIT SOCIETY LIMITED,CANACONA vs. INCOME TAX OFFICER, WARD - 5, MARGAO

Appeals are allowed in above terms

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

disallowing the claim of the appellant U/s. 80P(2)(d). Alternatively, since the said interest income is attributable to carrying on the business of the appellant society, the same qualifies for deduction U/s. 80P (2)(a)(i) of the Income Tax Act, 1961. (c) The ratio of Totgar Cooperative Sales Society Ltd Vs ITO cannot be applied to the appellant

THE CANACONA URBAN CO-OPERATIVE CREDIT SOCIETY LIMITED,CANACONA vs. INCOME TAX OFFICER, WARD - 5, MARGAO

Appeals are allowed in above terms

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

disallowing the claim of the appellant U/s. 80P(2)(d). Alternatively, since the said interest income is attributable to carrying on the business of the appellant society, the same qualifies for deduction U/s. 80P (2)(a)(i) of the Income Tax Act, 1961. (c) The ratio of Totgar Cooperative Sales Society Ltd Vs ITO cannot be applied to the appellant

SHRI BASAVESHWAR PRATHAMIK KRISHI PATTIN SAHAKARI SANGH EXAMBA,EXAMBA vs. INCOME TAX OFFICER WARD -1 NIPANI, NIPANI

The appeal of the assessee is ALLOWED

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliassessment Year : 2017-18 Shri Basaveshwar Prathamik Krishi Pattin Sahakari Sangh Niyamit Examba, Dist.: Belgaum Pan: Aacas1122N . . . . . . . Appellant

disallowance of 52% interest received on investment with BDCC bank and (2) addition of profit from PDS. Thus, the consequential assessment u/s 143(1) of the Act was framed determining income at ₹3,34,746/- owning to denial of deduction claimed u/s 80P(2)(d) of the Act. ITAT-Panaji Page 2 of 8 Shri Basaveshwar Prathamik Krishi Pattin Sahakari

BELGAUM COAL & COKE CONSUMER CO-OP ASSOCIATION LTD,BELGAUM vs. ITO, WARD - 1(1), BELGAVI

In the result, the appeal filed by the assessee stands allowed

Bench: Shri Inturi Rama Rao, Am & Shri S. S. Viswanethra Ravi, Jm आयकर अपील सं. / Ita No.103/Pan/2018 िनधा"रण वष" / Assessment Year : 2012-13 Belgaum Coal & Coke Consumer Cooperative Association Ltd., Khanapur Road, Udyambag, Belgaum-590008. .......अपीलाथ" / Appellant Pan : Aaaat4615M बनाम / V/S. Ito, Ward- 1(1), ……""यथ" / Respondent Belagavi. Assessee By : Shri Shivanand Halbhari Revenue By : Shri Sourabh Nayak सुनवाई क" तारीख / Date Of Hearing : 12.11.2021 घोषणा क" तारीख / Date Of Pronouncement : 17.11.2021 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals), Belagavi (‘Cit(A)’ For Short) Dated 23.01.2018 For The Assessment Year 2012-13. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. The Learned A.O. Has Erred In Not Allowing Deduction U/S 80P(2)(D) Of The Income Tax Act, 1961 Without Properly Verifying The Details Of Investee. 2. The Learned A.O. Has Wrongly Interpreted The Provisions Of Section 80P(2)(D) By Not Treating Investees I.E. Belgaum Industrial Cooperative Bank & Belgaum District Central Cooperative Bank As Cooperative Societies. 3. The Learned A.O. Has Wrongly Interpreted The Definition Of Cooperative Society Vide Section 2(19) Of The Income Tax Act, 1961 By Treating Those Entities Which Are Registered Under The Co-Operative Societies Act, 1912 (2 Of 1912), Or Under Any Other Law For The Time Being In Force In Any State For The Registration Of Co-Operative Societies, As Not Being Cooperative Societies.

disallowed the deduction claimed U/s 80P(2)(d) without providing any proper reason and without providing any opportunity to the assessee to represent in this particular issue. 5. Any other grounds which may be raised during appeal hearing.” 3. Briefly, the facts of the case are that the appellant is a consumer co- operative society registered under the Bombay Cooperative

SHRI KALMESHWAR CO-OP CREDIT SOCIETY,BELGAUM vs. ASSESSING OFFICER, NATIONAL E LIMITED ASSESSMENT CENTRE, DELHI

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliita Nos. 164/Pan/2025 Assessment Year : 2020-21 Shri Kalmeshwar Co-Op Credit Society Limited. 396/4 Main Road, Lbs Nagar, Kangralli, Belagavi-590010. Pan : Aaajs2317N . . . . . . . Appellant

disallowance matter travelled up in first appeal, wherein the Ld. NFAC dismissed the appeal by confirming the denial in line with the notings of the Ld. AO. While confirming the said denial the Ld. NFAC reiterated that, the payer of interest income to the assessee was a bank hence claim is not deductible as transaction with bank dampens the spirit

THE ATHANI CREDIT CO-OPERATIVE SOCIETY LIMITED,ATHANI vs. INCOME TAX OFFICER, WARD - 1, BELAGAVI

Appeal is partly allowed in above terms

Bench: Shri Satbeer Singh Godara & Dr. Dipak Ripote

section, medical shops, lodging, plying and hiring of goods and carriage etc. It was in that background of the facts that the Hon'ble High Court held that the assessee could not claim deduction u/s.80P(2)(d) of the Act. When we consider the impact of this decision, it turns out that the same is not germane to case under

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

Bench: Shri Satbeer Singh Godara

disallowance of Rs.13,89,783/-, respectively. 2 ITA.No.140/PAN/2019 4. Both the learned representatives rebutted their respective stand’s regarding the assessee’s status as an eligible co-operative credit society. The Revenue’s case is that this assessee is in fact a co-operative bank not entitled for the impugned deduction. I find that the hon'ble apex court

THE HIND CO-OPERATIVE HOUSING SOCIETY LIMITED,BELGAVI vs. INCOME TAX OFFICER, WARD - 1(2), BELAGAVI

The appeal of the assessee is ALLOWED

Bench: Shri Satbeer Singh Godara & Shri G. D. Padmahshali(Through Virtual Hearing From Pune) आयकर अपऩल सं. / Ita No. 038/Pan/2023 निर्धारण वषा / Assessment Year : 2017-18 Hind Co-Operative Housing Society Ltd., 131, Hindwadi, Belgaum, Karnataka-590011 Pan: Aacat4514B . . . . . . . अपीलार्थी / Appellant बिधम / V/S Income Tax Officer, Ward-1(2), Belgaum . . . . . . . प्रत्यर्थी / Respondent द्वधरध / Appearances Assessee By : Mr Pramod Vaidya [‘Ld. Ar’] Revenue By : Mr N. Shrikanth [‘Ld. Dr’] सुनवाई की तारीख / Date Of Conclusive Hearing : 07/08/2023 घोषणा की तारीख / Date Of Pronouncement : 01/09/2023 आदेश / Order Per G. D. Padmahshali, Am; Against The Impugned Din & Order No. Itba/Nfac/S/250/2022- 23/1048023500(1) Dt. 15/12/2022 Passed U/S 250 Of Income-Tax Act, 1961 [‘The Act’ Hereafter] By National Faceless Appeal Centre, Delhi [‘Nfac’ Hereafter] The Present Appeal Is Instituted U/S 253(1) Of The Act For Assessment Year 2017-18 [‘Ay’ Hereinafter].

disallowing the deduction u/s 80P in-spite the issue has been adjudicated by the Tribunal in assessee’s own case for AY 2016-17 in ITA No. 239/PAN/2019 and further in case of ‘The Ugar Sugar Works & Dr Shirgaonkar Shaikshanki Trust Nokar Co-op. Credit Society Vs ITO’ MA No. 02/PAN/2021 r.w. ITA No. 84/PAN/2018. 3. At the virtual hearing