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)(iii

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

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

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

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

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

iii) Tata Capital Finvest Ltd. and (iv) M/s Religare Finvest Ltd. which was debited to the profit and loss account of the 2 ITA No.1619/PUN/2024, AY 2017-18 assessee. However, the assessee has not deducted TDS on the interest paid to these four NBFCs. The Ld. AO, therefore, issued a show cause notice dated 14.12.2019 asking the assessee

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)(iii

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

In the result, the appeal of the assessee is allowed

iii). Deduction from Total Income\nunder Chapter VI-A.\n2. Accordingly notice u/s 143(2) was issued and duly served upon the\nassessee. Subsequently notices u/s 142(1) of the Income Tax Act 1961 was\nissued to the assessee asking certain details which were covered in the\nscrutiny reason. The assessee had given reply to the notices by online\nsubmission

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

iii) Co-operative banks cannot be equated with co-operative societies. The words "co-operative banks are missing in clause (d) of sub-section (2) of Section 80P. iv) Section 80P(4) excludes the applicability of deduction under section 80P. altogether to any co-operative bank and to exclude the normal banking business income from deduction

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

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

iii) of the Act. Therefore in the facts of the said case, the Apex Court held the assessing officer was right in taxing the interest income indicated above under section 56 of the Act. The Court also observed that even the Hon'ble Supreme made it clear that they are confining the said judgment to the facts of that case

VISION ENTERPRISES,,PUNE vs. INCOME-TAX OFFICER, WARD - 2,, AHMEDNAGAR

Bench: Hon’Ble Shri S. S. Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No. 192/Pun/2021 निर्धारण वर्ा / Assessment Year : 2015-16 Vision Enterprises, Hotel Sulai, Dhankawadi, Pune. Pan: Aajfv0168P . . . . . . . अपऩलधथी / Appellant बनाम / V/S Pr. Commissioner Of Income Tax-1, Pune . . . . . . . प्रत्यथी / Respondent द्वारा / Appearances Assessee By : Shri Dharmesh Shah & Shri Akshay Garg Revenue By : Shri Sardar Singh Meena सपिवधई की तधरऩख / Date Of Conclusive Hearing : 11/04/2023 घोर्णध की तधरऩख / Date Of Pronouncement : 11/04/2023 आदेश / Order Per G. D. Padmahshali, Am; With The Following Grounds Of Appeal The Assessee Challenges The Revisionary Order Of The Principal Commissioner Of Income Tax -1, Pune [For Short ‘Pcit’] Dt. 22/03/2021 Passed U/S 263 Of The Income-Tax Act, 1961 [For Short ‘The Act’] For Assessment Year [For Short ‘Ay’] 2015-16; “1. The Ld. Principal Commissioner Of Income Tax Has Erred In Law & In Facts In Passing Order U/S. 263 Of The Act Without Appreciating That The Assessment

disallowance of ₹ 2,01,635/- u/s. 40(a)(ia) of the Act, being 30% of the interest paid u/s. 194A of the Act amounting to ₹ Rs.6,72,116/- paid to Ahmednagar Zilha Maratha Seva Nagari Sahakari Patsanstha. 4. The Ld. Principal Commissioner of Income Tax has erred in Law and in facts in directing the Assessing Officer to verify whether

MAHATMA GANDHI NAGRI SAHAKARI PAT SANSTHA MYDT UDGIR,LATUR vs. INCOME TAX OFFICER- WARD 1 -LATUR, LATUR

In the result, the appeal of the assessee is allowed

disallowed the\ndeduction claimed by the assessee u/s 80P(2)(a)(i)/80P(2)(d) of the Act\namounting to Rs.3,04,88,392/- treating the same as other income'.\nAccordingly, the Ld. AO completed the assessment on 28.09.2021 u/s\n143(3) r.w.s.144B of the Act by making an addition of Rs.3,04,88,392/- as\nincome from other sources

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