ITO, PUNE vs. THEGOVERNMENTSERVENTSMAHARASTRACO-OP CREDIT SOCIETY LIMITED PUNE, PUNE

In the result, both the appeals filed by the Revenue are\ndismissed

disallowance made by the AO was deleted, but the assessee was directed to furnish details regarding transactions with different categories of members before the AO for verification.", "result": "Dismissed", "sections": [ "250", "143(2)", "142(1)", "80P", "80P(2)(a)(i)", "270A", "194A", "194A(3

ITO, PUNE vs. THE GOVERNMENT SERVENTS MAHARASHTRA CO-OP CREDIT SOCIETY LIMITED PUNE, PUNE

In the result, both the appeals filed by the Revenue are\ndismissed

disallowance by the AO was deleted, subject to verification of details.", "result": "Dismissed", "sections": [ "250", "143(2)", "142(1)", "80P", "80P(2)(a)(i)", "270A", "194A", "194A(3

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

disallowance of deduction claimed u/s 80P(2)(d) of the Act, to the total income of Rs.1,54,81,910/- returned by the assessee u/s 147 r.w.s. 144B of the Act vide his order dated 26.05.2023. 3. Aggrieved, the assessee filed appeal before the Ld. CIT(A). The Ld. CIT(A) in para 5.4 of his appellate order observed that

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

disallowance of deduction claimed u/s 80P(2)(d) of the Act, to the total income of Rs.1,54,81,910/- returned by the assessee u/s 147 r.w.s. 144B of the Act vide his order dated 26.05.2023. 3. Aggrieved, the assessee filed appeal before the Ld. CIT(A). The Ld. CIT(A) in para 5.4 of his appellate order observed that

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

disallowance of deduction claimed u/s 80P(2)(d) of the Act, to the total income of Rs.1,54,81,910/- returned by the assessee u/s 147 r.w.s. 144B of the Act vide his order dated 26.05.2023. 3. Aggrieved, the assessee filed appeal before the Ld. CIT(A). The Ld. CIT(A) in para 5.4 of his appellate order observed that

M/S KOLTE PATIL DEVELOPERS LTD,PUNE vs. DCIT,CIRCLE-7, PUNE, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2014-15

disallowing entire expenditure is not justified. 3. The first issue raised in the grounds of appeal No.1 and 2 relates to the order of the CIT(A) / NFAC in confirming the addition of Rs.14,70,250/- out of the addition of Rs.25,02,250/- made by the Assessing Officer u/s 43CA of the Act. 4. Facts of the case

TOKAI SAHAKARI SAKHAR KARKHANA LTD,HINGOLI vs. INCOME TAX OFFICER, WARD-(1), JALNA, JALNA

Appeal is partly allowed in above terms

Bench: Shri S.S.Godara & Shri G.D.Padmahshaliआयकर अपील सं. / Ita No.571/Pun/2023 िनधा"रण वष" / Assessment Year : 2018-19 Tokai Sahakari Sakhar Karkhana The Income Tax Officer, Ltd., Vs Ward-1, Jalna. Villag Kurunda, Taluka Basmath . District, Hingoli – 431512. Pan: Aaat6997Q Appellant / Assessee Respondent / Revenue Assessee By Shri Anand Partani – Ar Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 16/01/2024 Date Of Pronouncement 16/01/2024

disallowance(s) regarding interest claims involving varying sums paid to M/s.Maharashtra State Co-operative Bank, its Members and the Parbhani District Central Co-operative Bank; respectively. That being the case, we are of the considered opinion that such interest payments do not attract TDS deduction under section 194A(3

KUDALE AGRO FOODS,PUNE vs. INCOME TAX OFFICER, CIRCLE-14, PUNE, PUNE

In the result, the appeal of the assessee is treated as allowed for statistical purposes

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

3,92,050/- (being 30% of total interest paid Rs.13,06,800/-) u/s 40(a)(ia) on account of non-deduction of tax on interest paid to NBFCs. It is your appellant's contention that appellant's case is covered under proviso to section 40(a)(ia) and appellant prays for appropriate relief.” 5. The Ld. AR reiterated the same

AHMEDNAGAR ZILLA GRAMSEVAKANCHI SAHAKAR PATSANSTHA MARYADIT,AHILYANAGAR vs. PCIT, PUNE-1, PUNE

In the result, the appeal of the assessee is allowed

194A of the Act\nalso makes the legislative intent clear that the Co-operative Banks are not\nthat species of genus co-operative society, which would be entitled to\nexemption or deduction under the special provisions of Chapter VIA in the\nform of Section 80P of the Act.\n7.3 In the light of above legal position, it is amply clear

VIJAY VYANKATRAO MANE,SADASHIV PEATH vs. ADDITIONAL COMMISSIONER , ADDL/JCIT(A)- CHANDIGARH

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2015-16

194A of the Act. disallowance is required to be made as per section 40(a)(ia) of the Act. Therefore, the assessing Officer is directed to allow the interest expenditure after making verification of applicability of TDS provisions on interest and after making disallowance under section 40(a)(ia) of the Act, if required. Accordingly, the Ground

SUNANDA CONSTRUCTIONS,PUNE vs. DCIT, CENTRAL CIRCLE 2(2), PUNE, PUNE

In the result, both the appeals filed by the assessee are allowed

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

194A(3)(iii)(a) 6. On the facts and in the circumstances of the case and in law and without prejudice to the above grounds of appeal the Assessing Officer erred in invoking the provision of section 40(a)(ia) of the Income Tax Act, 1961 in as much as the payee has duly considered the said interest

SUNAND CONSTRUCTIONS,PUNE vs. DCIT CENTRAL CIRCLE 2(2), PUNE, PUNE

In the result, both the appeals filed by the assessee are allowed

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

194A(3)(iii)(a) 6. On the facts and in the circumstances of the case and in law and without prejudice to the above grounds of appeal the Assessing Officer erred in invoking the provision of section 40(a)(ia) of the Income Tax Act, 1961 in as much as the payee has duly considered the said interest

NASHIK DISTRICT PRIMARY TEACHERS CO-OP CREDIT SOCIETY LTD,NASHIK vs. ITO WARD 1(1), NASHIK

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

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

194A(3)(v) has been so amended, Section 8OP(2)(d) has not been amended to include co-operative banks explicitly viii) Provisions relating to exemption and deduction need to be strictly construed and no liberal interpretation on intendment can be inferred in such provisions. An interest income not allowed as deduction u/s 80P(2)(a) cannot be allowed

NASHIK DISTRICT PRIMARY TEACHERS CO-OP CREDIT SOCIETY LTD,NASHIK vs. ITO WARD 1(1), NASHIK

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

194A(3)(v) has been so amended, Section 8OP(2)(d) has\nnot been amended to include co-operative banks explicitly\nviii) Provisions relating to exemption and deduction need to be strictly\nconstrued and no liberal interpretation on intendment can be inferred in\nsuch provisions. An interest income not allowed as deduction u/s 80P(2)(a)\ncannot be allowed

THE SATARA ZILLA KRISHI BANK KARMACHARI SAHAKARI PATSANSTHA LTD,SATARA vs. ACIT, SATARA, CIR-SATARA, SATARA

In the result, the appeal of the assessee is allowed for statistical\npurposes

194A of the Act\nalso makes the legislative intent clear that the Co-operative Banks are not\nthat specie of genus co-operative society, which would be entitled to\nexemption or deduction under the special provisions of Chapter VIA in the\nform of Section 80P of the Act. Co-operative banks also accept deposit from\nboth members and non-members

THE SATARA ZILLA KRISHI BANK KARMACHARI SAHAKARI PATSANSTHA LTD,SATARA vs. ACIT, SATARA, CIR-SATARA, SATARA

In the result, the appeal of the assessee is allowed for statistical\npurposes

194A of the Act\nalso makes the legislative intent clear that the Co-operative Banks are not\nthat specie of genus co-operative society, which would be entitled to\nexemption or deduction under the special provisions of Chapter VIA in the\nform of Section 80P of the Act. Co-operative banks also accept deposit from\nboth members and non-members

HEMANT ENTERPRISES,NASHIK vs. ACIT, CIRCLE 1, NASHIK, NASHIK

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

Bench: Shri Rama Kanta Panda, Vice- & Ms. Astha Chandra

disallowing ₹27,14,806/- TDS deducted by Mumbai WTR Pvt. Ltd. 2. The Ld.CIT(A) erred in law and on facts in charging interest u/s. 234A as the appellant had filed return within due date u/s. 139(1). 3. The appellant craves to add, alter, modify or substitute any grounds of appeal at the time of hearing

GOVIND MILK AND MILK PRODUCTS PVT. LTD. ,PHALTAN vs. INCOME TAX OFFICER, WARD-3, SATARA, SATARA

Bench: Shri Partha Sarathi Chaudhury & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.848/Pun/2023 िनधा"रण वष" / Assessment Year : 2016-17 Govind Milk & Milk Products The Income Tax Pvt. Ltd., V Officer, Ward-3, Ganesh Sheri, Pune Pandharpur S Satara. Road, At Post Kolki, Phaltan, Satara, Maharashtra. Pan: Aaacg7588A Appellant/ Assessee Respondent /Revenue Assessee By None. Revenue By Shri R.Y.Balawade – Addl.Cit Date Of Hearing 13/03/2024 Date Of Pronouncement 26/03/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 Dated 25.05.2023. The Assessee For A.Y.2019-20 Has Raised The Following Grounds Of Appeal : “1. The Ld Cit(A) Erred In Passing Her Order Ex-Parte Without Allowing Appellant Reasonable Opportunity Of Being Heard. 2. The Ld Cit(A) Erred In Upholding The Disallowance Of Rs.43,51,377/- Under Section 40(A)(Ia) Made By The Ld Ao Without Govind Milk & Milk Products Pvt. Ltd., [A]

disallowance of Rs.43,51,377/- under section 40(a)(ia) made by the Ld AO without Govind Milk and Milk Products Pvt. Ltd., [A] appreciating that the appellant was not required to deduct tax on this expense because of section 194A(3

R&DE (ENGRS) EMPLOYEES CO-OP. CREDIT SOCIETY,PUNE vs. ITO, WARD 7(3), PUNE, PUNE

In the result, the appeal of the assessee is allowed

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

194A of the Act also makes the legislative intent clear that the Co-operative Banks are not that specie of genus co-operative society, which would be entitled to exemption or deduction under the special provisions of Chapter VIA in the form of section 80P of the Act. (Paragarph 15 of the Judgment). If the legislative intent is so clear