DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 12 PUNE, PUNE vs. JANATA GRAHAK MADHYAWARTI SAHKARI SANGH MARYADIT, PUNE

In the result, the appeal of the Revenue in ITA No

Bench: Shri R.K. Panda & Ms. Astha Chandra

TDS from the interest other than interest on securities. Therefore it cannot be said that cooperative banks are excluded from the definition of cooperative societies by such an amendment. AYs. 2016-17, 2017-18 & 2020-21 30. Moreover, as reliance placed on the aforesaid decision for applicability of section 80P

ARMED FORCES EX-OFFICERS MULTISERVICES CO-OPERATIVE SOCIETY LTD,PUNE vs. INCOME TAX OFFICERS NFAC, PUNE

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

Bench: SHRI R. K. PANDA (Vice President), SHRI VINAY BHAMORE (Judicial Member)

section 147 rws 144 rws 1448 dated 26 March 2022. Also, Tax credits such as TDS Advance and self- assessment tax paid for the has not been given while computing final tax liability. 3) The appellant craves leave to add, alter, amend, modify and or delete any or all of the grounds of appeal mentioned herein above.” 3. The facts

ARMED FORCES EX OFFICERS MULTI SERVICES CO OPERATIVE SOCIETY LTD,PUNE, MAHARASHTRA vs. INCOME TAX OFFCIER, ASSESSMENT UNIT INCOME TAX DEP, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2344 To 2348/Pun/2024 & "नधा"रण वष" / Assessment Years : 2014-15 To 2016-17, 2018-19, 2020-21 & 2017-18 Armed Forces Ex Officers Vs. The Income Tax Officer, Multi Services Co-Operative Nfac. Soc, 364, Likmanya Tilak Sabha Griha, Pune – 411016. Pan: Aaaaa1185H Appellant Respondent Assessee By : Shri Shweta Joshi - Ca Revenue By : Shri Ramnath P Murkunde - Dr

section 80P is allowed on the Interest earned from the fixed deposits and savings bank accounts with the other cooperative society even if it is not a member of the other cooperative society 2) Tax credits such as TDS

ARMED FORCES EX OFFICERS MULTI SERVICES CO OPERATIVE SOC,PUNE, MAHARASHTRA vs. INCOME TAX OFFICER, NFAC, PUNE, MAHARASHTRA

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2344 To 2348/Pun/2024 & "नधा"रण वष" / Assessment Years : 2014-15 To 2016-17, 2018-19, 2020-21 & 2017-18 Armed Forces Ex Officers Vs. The Income Tax Officer, Multi Services Co-Operative Nfac. Soc, 364, Likmanya Tilak Sabha Griha, Pune – 411016. Pan: Aaaaa1185H Appellant Respondent Assessee By : Shri Shweta Joshi - Ca Revenue By : Shri Ramnath P Murkunde - Dr

section 80P is allowed on the Interest earned from the fixed deposits and savings bank accounts with the other cooperative society even if it is not a member of the other cooperative society 2) Tax credits such as TDS

ARMED FORCES EX OFFICERS MULTI SERVICES CO OPERATIVE SOC,PUNE, MAHARASHTRA vs. INCOME TAX OFFCIER, NFAC, PUNE, MAHARASHTRA

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2344 To 2348/Pun/2024 & "नधा"रण वष" / Assessment Years : 2014-15 To 2016-17, 2018-19, 2020-21 & 2017-18 Armed Forces Ex Officers Vs. The Income Tax Officer, Multi Services Co-Operative Nfac. Soc, 364, Likmanya Tilak Sabha Griha, Pune – 411016. Pan: Aaaaa1185H Appellant Respondent Assessee By : Shri Shweta Joshi - Ca Revenue By : Shri Ramnath P Murkunde - Dr

section 80P is allowed on the Interest earned from the fixed deposits and savings bank accounts with the other cooperative society even if it is not a member of the other cooperative society 2) Tax credits such as TDS

ARMED FORCES EX OFFCIERS MULTI SERVICES CO OPERATIVE SOC,PUNE, MAHARASHTRA vs. INCOME TAX OFFCIER, NFAC, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2344 To 2348/Pun/2024 & "नधा"रण वष" / Assessment Years : 2014-15 To 2016-17, 2018-19, 2020-21 & 2017-18 Armed Forces Ex Officers Vs. The Income Tax Officer, Multi Services Co-Operative Nfac. Soc, 364, Likmanya Tilak Sabha Griha, Pune – 411016. Pan: Aaaaa1185H Appellant Respondent Assessee By : Shri Shweta Joshi - Ca Revenue By : Shri Ramnath P Murkunde - Dr

section 80P is allowed on the Interest earned from the fixed deposits and savings bank accounts with the other cooperative society even if it is not a member of the other cooperative society 2) Tax credits such as TDS

ARMED FORCES EX OFFICERS MULTI SERVICES CO OPERATIVE SOCIETY,PUNE, MAHARASHTRA vs. INCOME TAX OFFICER, NFAC, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2344 To 2348/Pun/2024 & "नधा"रण वष" / Assessment Years : 2014-15 To 2016-17, 2018-19, 2020-21 & 2017-18 Armed Forces Ex Officers Vs. The Income Tax Officer, Multi Services Co-Operative Nfac. Soc, 364, Likmanya Tilak Sabha Griha, Pune – 411016. Pan: Aaaaa1185H Appellant Respondent Assessee By : Shri Shweta Joshi - Ca Revenue By : Shri Ramnath P Murkunde - Dr

section 80P is allowed on the Interest earned from the fixed deposits and savings bank accounts with the other cooperative society even if it is not a member of the other cooperative society 2) Tax credits such as TDS

ARMED FORCES EX OFFICERS MULTI SERVICES CO OPERATIVE SOCIETY LTD,PUNE, MAHARASHTRA vs. INCOME TAX OFFICER, NATIONAL E- ASSESSMENT CENTR, PUNE, MAHARASHTRA

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2344 To 2348/Pun/2024 & "नधा"रण वष" / Assessment Years : 2014-15 To 2016-17, 2018-19, 2020-21 & 2017-18 Armed Forces Ex Officers Vs. The Income Tax Officer, Multi Services Co-Operative Nfac. Soc, 364, Likmanya Tilak Sabha Griha, Pune – 411016. Pan: Aaaaa1185H Appellant Respondent Assessee By : Shri Shweta Joshi - Ca Revenue By : Shri Ramnath P Murkunde - Dr

section 80P is allowed on the Interest earned from the fixed deposits and savings bank accounts with the other cooperative society even if it is not a member of the other cooperative society 2) Tax credits such as TDS

INCOME TAX OFFICER WARD-2, AHMEDNAGAR., AAYAKAR, BHAVAN, BEHIND NATRAJ HOTEL, AURANGABAD ROAD, AHMEDNAGAR vs. KANHUR PATHAR MULTI STATE CO-OPERATIVE CREDIT SOCIETY MARYADIT KANHUR, KANHUR DIST. AHMEDNAGAR

In the result, the appeal filed by the Revenue in ITA

Bench: SHRI R. K. PANDA (Vice President), SHRI VINAY BHAMORE (Judicial Member)

section 194A(3)(v) have excluded Co- Operative Bank from Co-operative society to deduct TDS u/s194A on interest paid to member thereof. Thus, the legislative intent is to distinguish co-operative banks from co- operative societies for the purpose of benefits u/s 80P

INCOME TAX OFFICER WARD-2, AHMEDNAGAR., AHMEDNAGAR vs. KANHUR PATHAR MULTI STATE CO-OPERATIVE CREDIT SOCIETY MARYADIT , KANHUR, KANHUR DIST. AHMEDNAGAR

In the result, the appeal filed by the Revenue in ITA

Bench: SHRI R. K. PANDA (Vice President), SHRI VINAY BHAMORE (Judicial Member)

section 194A(3)(v) have excluded Co- Operative Bank from Co-operative society to deduct TDS u/s194A on interest paid to member thereof. Thus, the legislative intent is to distinguish co-operative banks from co- operative societies for the purpose of benefits u/s 80P

ANAND URBAN COOPERATIVE CREDIT SOCIETY LIMITED,AURANGABAD vs. INCOME TAX OFFICER, WARD-1(5), AURANGABAD, AURANGABAD

Appeal is partly allowed for statistical purposes in above terms

Bench: Shri Satbeer Singh Godara

TDS on payment of Audit Fees for the year. Here, the Ld. AO as well as CIT (A) has erred in disallowing the amount Rs.15,000, because Rs.50,000/- has already being disallowed by the Appellant in Income Tax Return. Since, it amounts to double disallowance of same payment, the addition needs to be deleted. 3 ITA.No.137/PUN./2024

INCOME TAX OFFICER, WARD 5,SANGLI., SANGLI. vs. SHREE GANESH NAGARI SAHAKARI PAT SANSTHA MARYADIT, ASHTA,, ASHTA

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

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2375/Pun/2025 िनधा"रण वष" / Assessment Year : 2018-19 Ito, Ward-5, Sangli. Vs. Shree Ganesh Nagari Sahakari Pat Sanstha Maryadit, Ashta, Tal. Walwa, Dist. Sangli, Sangli- 416301. Pan : Aaaas8248R Appellant Respondent C. O. No.49/Pun/2025 (Arising Out Of Ita No.2375/Pun/2025) िनधा"रण वष" / Assessment Year : 2018-19 Shree Ganesh Nagari Vs. Ito, Ward-5, Sangli. Sahakari Pat Sanstha Maryadit, Ashta, Tal. Walwa, Dist. Sangli, Sangli- 416301. Pan : Aaaas8248R Appellant Respondent Revenue By : Shri Umesh Phade Assessee By : Shri Sarang Gudhate Date Of Hearing : 25.11.2025 Date Of Pronouncement : 06.01.2026 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Dated 05.08.2025 Passed By Ld. Cit(A)/Nfac For The Assessment

TDS under law, such disallowance would ultimately increase assessee's profits from business of developing housing project. The ultimate profits of assessee after adjusting disallowance under section 40 (a)(ia) of the Act would quality for deduction under section 80-18 of the Act. This view was taken by the courts in the following cases: 7 C.O. No.49/PUN/2025 • Income

RIL NMD EMP CO. OP. CREDIT SOCIETY LTD. ,RAIGAD vs. ITO, WARD-1, PANVEL, PANVEL

In the result, the appeal of the assessee is allowed

TDS liability would increase business income of assessee-society which\nwas eligible for deduction under section 80P(2)(a)(i), deduction

MAHESH URBAN CO OPERATIVE BANK LTD,SOLAPUR vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE -2, SOLAPUR

Appeal is partly allowed in above terms

Bench: Shri S.S.Godara, Jm & Shri Dr. Dipak P. Ripote, Am आयकर अपीऱ सं. / Ita No.583/Pun/2020 ननधधारण वषा / Assessment Year : 2011-12 Mahesh Urban Co-Operative Bank Ltd., 128, Near Old Faujdar, Shukruwar Peth, Solapur – 413 002. .......अपऩलधथी / Appellant Pan : Aaaam0511H

TDS regarding payments made to members /non-members. Suffice to say, hon’ble apex court’s recent landmark decision in the Mavilavi Service Co-operative Bank Ltd. V/s. CIT (2021) 431 ITR page 1 (SC) has settled the law regarding the alleged distinction between members and nominal-members; as the case may be, regarding section 80P

INCOME TAX OFFICER, BODHI TOWER vs. KUMAR BUILDERS PROJECT PUNE PRIVATE LIMITED, BUND GARDEN

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

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2019-20

TDS credit of Rs.4,02,541/- thereby claiming a refund of Rs.4,02,541/-. The return was revised on 06.03.2020 claiming income tax refund of Rs.2541/- and carry forward loss of Rs.3,95,51,713/-. However, the CPC did not allow the claim of carry forward 2 business loss of Rs.3,95,51,713/- as claimed in the return

VYAPARI SAHAKARI BANK MARYADIT,SOLAPUR vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE -2, SOLAPUR

In the result, the appeal filed by the assessee in ITA

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

80P(2)(a)(i).” 10. In the present case also, the provisions of Maharashtra Cooperative Societies Act provides that the members includes nominal members and, therefore, we do not see any reason as to why the exemption under clause (v) of sub-section (3) of section 194A of the Act cannot be given in the case of members referred

SOLAPUR JANATA SAHAKARI BANK LTD,,SOLAPUR vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 2,, SOLAPUR

In the result, the appeal filed by the assessee in ITA

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

80P(2)(a)(i).” 10. In the present case also, the provisions of Maharashtra Cooperative Societies Act provides that the members includes nominal members and, therefore, we do not see any reason as to why the exemption under clause (v) of sub-section (3) of section 194A of the Act cannot be given in the case of members referred

SOLAPUR SIDDESHWAR SAHAKARI BANK ,SOLAPUR vs. ASST . COMMISSIONER OF INCOME TAX , CIRCLE -2, SOLAPUR

In the result, the appeal filed by the assessee in ITA

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

80P(2)(a)(i).” 10. In the present case also, the provisions of Maharashtra Cooperative Societies Act provides that the members includes nominal members and, therefore, we do not see any reason as to why the exemption under clause (v) of sub-section (3) of section 194A of the Act cannot be given in the case of members referred