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(4) of the Act in the facts of the case

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

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 as held by Hon’ble Karnataka High Court in case of PCIT vs. Totagars Co- operative

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 as held by Hon’ble Karnataka High Court in case of PCIT vs. Totagars Co- operative

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

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

THE SHI vs. AMARTH MULTISTATE CO. OPERATIVE CREDIT SOCIETY LTD.,SATARAVS.ITO WARD 1, SATARA, SATARA

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

Bench: Shri Inturi Rama Rao & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.188/Pun/2024 िनधा"रण वष" / Assessment Year : 2018-19 The Shivsamarth Multistate Vs. Ito, Ward-1, Satara. Co-Operative Credit Society Ltd., House No.211, Matoshree Krupa, Back Side, Talmavale High School, Patan, Satara- 415103. Pan : Aadat3637N Appellant Respondent Assessee By : Shri Kishor B. Phadke Revenue By : Shri A. K. Mahala Date Of Hearing : 24.04.2024 Date Of Pronouncement : 09.05.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 08.12.2023 Passed By Ld Cit(A)/Nfac For The Assessment Year 2018-19. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. The Learned Cit(A), National Faceless Appeal Centre (Nfac); Erred In Law & On Facts In Passing An Appellate Order Without

TDS on Audit fees payment & Rent payment was also made. We find that the definition of member as per Maharashtra State Cooperative Societies Act includes nominal members also & therefore the interest earned from nominal members also covered under business income which qualifies for deduction under section 80P(2

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)

2) The learned Officer erred in considering the income from house property and income from capital gains amounting to INR 20,17,659/- twice while computing the income as per the assessment order under section 147 rws 144 rws 1448 dated 26 March 2022. Also, Tax credits such as TDS Advance and self- assessment tax paid

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

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 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

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, AURANGABAD., AURANGABAD. vs. TAPADIYA CONSTRUCTION LTD, AURANGABAD

In the result, appeal of the Revenue is dismissed

Bench: Dr. Manish Borad & Shri Vinay Bhamore

TDS @1% u/s 1941A would also be required to be deducted for extra amenities such as club membership fees, car parking fee, electricity and water facility. maintenance fee or any other charges of similar nature paid at the time of purchase of property which are incidental to transfer of the immovable property. From the above it is clear that there

TULAI NAGARI SAHAKARI PATSANSTHA MARYADIT TULJAPUR,OSMANABAD vs. ITO WARD 1 LATUR, LATUR

In the result, the appeal of the assessee is Partly Allowed

Bench: DR.DIPAK P. RIPOTE (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

80P of Rs.6,43,237/- 4.1 Submission in the Assessment and Appellate Proceedings In Assessment Proceedings and in the appellate proceedings assessee submitted the nature of each activity as under: a. Recovery of Commission Rs.4,95,102/- Commission income is earned from our members only. Our society had scheme namely pigmy deposit scheme. Under pigmy deposit scheme, society staff visits

RIDDHI SIDDHI MAHILA NAGARI CO-OP CREDIT SOCIETY LTD, KARAD,KARAD vs. CIT (APPEALS), DELHI

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2216/Pun/2025 िनधा"रण वष" / Assessment Year : 2019-20 Riddhi Siddhi Mahila Nagari Vs. Assessment Unit, Co-Op. Credit Society Ltd., Income Tax Department. Palkar House, 157, Guruwar Peth, Shri Vitthal Chouk, Karad- 415110. Pan : Aacar0958D Appellant Respondent Assessee By : Shri Vijaykumar N. Kashirsagar Revenue By : Shri Vinod Pawar (Virtual) Date Of Hearing : 28.10.2025 Date Of Pronouncement : 19.11.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.08.2025 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2019-20. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Primary Credit Co-Operative Society Engaged In The Business Of Providing Credit Facilities To Its Members & Also In Accepting Deposits From Them. On The Basis Of Information That The Assessee Has Made One Time Deposit Of Rs.5,95,522/- & Tds Of More Than Rs.7,72,686/-

TDS of more than Rs.7,72,686/- 2 was deducted u/s 194A of the Act on the PAN of the assessee and still assessee has not furnished its return of income for the period under consideration, the case of the assessee was reopened and notice u/s 148 was issued to the assessee after necessary compliance and approvals. Subsequently, other statutory

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