INCOME-TAX OFFICER vs. KESHAVSMURTI NAGARI SAHAKARI PATPEDHI LTD.,, RAIGAD

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.936/Pun/2015 यििाारण वषा / Assessment Year : 2010-11 The Income Tax Officer, अऩीऱाथी/Appellant Ward 5, Panvel …. Vs. Keshavsmurti Nagari Sahakari Patpedhi Ltd., Shop No.1G/F, Anpurna Niwas, Shivaji Road, Tal – Panvel, …. प्रत्यथी / Respondent Dist – Raigad – 410206 Pan: Aaaak7390L प्रत्याक्षेप सं./Co No.30/Pun/2017 यििाारण वषा / Assessment Year : 2010-11 (Out Of Ita No.936/Pun/2015) Keshavsmurti Nagari Sahakari Patpedhi Ltd., Shop No.1G/F, Anpurna Niwas, Shivaji Road, Tal – Panvel, … प्रत्याक्षेऩक/ Cross Objector Dist – Raigad – 410206 Pan: Aaaak7390L Vs. The Income Tax Officer, …. प्रत्यथी / Respondent Ward 5, Panvel

68 of the Paper Book with sample copies of FDs at pages 69 to 75 of the Paper Book. The claim of the assessee before us is that it was engaged in the business of providing credit facilities to its members, out of loan received from its members itself. The surplus amount which was on account of amount received from

HAVELI TALUKA VEEJ KAMGAR SAHAKARI PATHSANSTHA MARYADIT,PUNE vs. INCOME TAX OFFICER WARD 6 (1) PUNE, PMT BUILDING, SWARGATE

In the result, the appeal of the assessee is allowed

68 and the Hon'ble\nKolkata High Court in the case of CIT Vs. Southern Eastern Employees\nCooperative Credit Society Ltd. 390 ITR 524 took a view that the income\narising on the surplus invested in short term deposits and securities cannot\nbe attributed to the activities of the society and, therefore, not eligible for\nexemption u/s.80P(2

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

c). ................................................................... (d) in respect of any income by way of interest or dividends derived by the cooperative society from its investments with any other co-operative society, the whole of such income;” On a perusal of Sec. 80P(2)(d), it can safely be gathered that interest income derived by an assessee co-operative society from its investments held with

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

c).\n(d) in respect of any income by way of interest or dividends\nderived by the cooperative society from its investments\nwith any other co-operative society, the whole of such\nincome;\"\nOn a perusal of Sec. 80P(2)(d), it can safely be gathered\nthat interest income derived by an assessee co-operative\nsociety from its investments held

INCOME TAX OFFICER , INCOME TAX OFFICE PANDHARPUR vs. DHANSHREE MAHILA GRAMIN BIGARSHETI SAHAKARI PAT SANSTHA LTD, MANGALWEDHA

Appeal is dismissed in above terms

Bench: Shri Satbeer Singh Godara & Shri Inturi Rama Rao

68) (ii) Karnataka High Court in Totgars Co-operative Sale Society (2017, 395 ITR 611) (iii) Gujarat High Court in State Bank of India (2016, 389 ITR 578) (iv) Punjab & Haryana High Court in Punjab State Co-op Development Bank (2016, 389 ITR 607) all of which have held that Interest income from Fixed Deposits was to be assessed

SHREE SANT SAVTA GRAMIN BIGAR SETI SAHAKARI PATHSANSTA MARAYADIT,NASHIK vs. ASSESSMENT UNIT, INCOME TAX DEPARTMENT, DELHI

In the result, appeal of the Assessee is partly allowed

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.1625/Pun/2025 निर्धारण वषा / Assessment Year: 2017-18 Shree Sant Savta Gramin Bigar V Assessment Unit, Seti Sahakari Pathsanstha S. Income Tax Department, Maryadit, Delhi. Pimpalgaon, Niphad, Nashik – 422209. Pan: Aacas4098M Appellant/ Assessee Respondent / Revenue Assessee By None Revenue By Shri Dayanand Jawalikar – Addl.Cit Date Of Hearing 14/10/2025 Date Of Pronouncement 31/10/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For A.Y.2017-18, Dated 27.11.2024 Emanating From Assessment Order U/S.143(3) Of The I.T.Act, Dated 15.12.2019. The Assessee Has Raised Following Grounds Of Appeal :

C Srivastava (256 ITR 385) and thus the total deduction of Rs.66,80,575/-disallowed u/s 80P(2)(a) (i) or 80P(2)(d) of the IT Act was not justified. 3. The Appellate craves the right to add, amend, modify, alter, revise, substitute, delete any or all grounds of the appeal, if deemed necessary at the time of hearing

LEKHAKOSH KARMACHARI SAHAKARI PATPEDHI SANSTHA MARYADIT,PUNE vs. PR. CIT, PUNE-4, PUNE

In the result, the appeal of the assessee is allowed

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

68,309/- shown in the Profit & Loss account, has been received by way of dividend received and interest on deposits with banks. Thus, in the assessee's case, a major portion of its income is earned by way of interest on deposits made with other nationalized/co-operative banks. As has been held by the Hon'ble Supreme Court in the case

WILDERNEST BETTER LIVING & MAINTENANCE CO-OPERATIVE SOCIETY LIMITED,PUNE vs. INCOME TAX OFFICER, WARD 6(1), PUNE, PUNE

In the result, the appeal of the assessee is allowed

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.856/Pun/2025 िनधा"रण वष" / Assessment Year: 2020-21 Wildernest Better Living V The Income Tax Officer, Maintenance Co-Operative S Ward-6(1), Pune. Society Limited, Plot No.58, 59 & 60, Woldernest Society, Khadakwasla, Taluka Haveli, Pune – 411024. Maharashtra. Pan: Appellant/ Assessee Respondent / Revenue Assessee By Shri Arpit Dnyandeo Dambhare & Shri Deepak Sasar – Ca’S Revenue By Shri Madhan Thirmanpalli – Addl.Cit(Dr) Date Of Hearing 15/05/2025 Date Of Pronouncement 23/05/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Directed Against The Order Of Ld.Addl./Joint Commissioner Of Income Tax(Appeal), Panaji Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2021-22 Dated

c)(11) of the Income Tax Act, 1961. 2. The Ld. CIT(A) has not followed the Principle of Natural Justice. 3. The Appellant crave leave to add, delete, amend, alter, vary and/or withdrawal or any one of the above grounds of appeal.” Submission of ld.AR : 2. Ld.AR Mr.Deepak S. Sasar(CA) filed a factual paper book and case

AJINKYA MADHYAMIK SHIKSHAK SEVAK SAH. PATSANSTHA, MARYADIT,SATARA vs. INCOME TAX OFFICER, WARD-2, SATARA, SATARA

In the result, the appeal of the assessee is allowed

C.-Deductions in respect of certain incomes\" (which\nincludes deduction under section 80P of the Act), can be made\nif the return is furnished beyond the due date specified under\nsub-section (1) of section 139. This amendment has been\nintroduced w.e.f. 1-4-2021. Accordingly, the above amendment\nwould not apply to the impugned assessment year

SHREE SANT SAVTA GRAMIN BIGAR SETI SAHAKARI PATHASANSTHA MARYADIT,PIMAPALGAON vs. ASSESSING OFFICER, NASHIK

In the result, appeal of the Assessee for A

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩलसं. / Ita Nos.1596 & 1598/Pun/2025 निर्धारण वषा / Assessment Years: 2017-18 & 2018-19 Shree Sant Savta Gramin Bigar V Assessment Unit, Income Seti Sahakari Pathasanstha S Tax Department, Delhi. Maryadit, Pimpalgaon, Niphad, Nashik – 422209. Pan: Aacas4098M Appellant/ Assessee Respondent / Revenue Assessee By Shri Sanket Joshi Revenue By Shri Madhukar Anand – Jcit(Through Virtual) Date Of Hearing 07/01/2026 Date Of Pronouncement 08/01/2026 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Against The Common Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Passed Under Section 250 Of The Income Tax Act, 1961 For A.Y.2017-18 & 2018-19, Both Dated 27.11.2024 Emanating From Separate Assessment Order U/S.143(3) Of The I.T.Act, Dated 15.12.2019 & 24.02.2021 Respectively. For The Sake Of

C Srivastava (256 ITR 385) and thus the total deduction of Rs. 66,80,575/- disallowed u/s 80P(2)(a) (i) or 80P(2)(d) of the IT Act was not justified. 3. The Appellate craves the right to add, amend, modify, alter, revise, substitute, delete any or all grounds of the appeal, if deemed necessary at the time

SHREE SANT SAVTA GRAMIN BIGAR SETI SAHAKARI PATHASANSTHA MARYADIT,PIMPALGAON vs. ASSESSING OFFICER, NASHIK

In the result, appeal of the Assessee for A

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩलसं. / Ita Nos.1596 & 1598/Pun/2025 निर्धारण वषा / Assessment Years: 2017-18 & 2018-19 Shree Sant Savta Gramin Bigar V Assessment Unit, Income Seti Sahakari Pathasanstha S Tax Department, Delhi. Maryadit, Pimpalgaon, Niphad, Nashik – 422209. Pan: Aacas4098M Appellant/ Assessee Respondent / Revenue Assessee By Shri Sanket Joshi Revenue By Shri Madhukar Anand – Jcit(Through Virtual) Date Of Hearing 07/01/2026 Date Of Pronouncement 08/01/2026 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Against The Common Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Passed Under Section 250 Of The Income Tax Act, 1961 For A.Y.2017-18 & 2018-19, Both Dated 27.11.2024 Emanating From Separate Assessment Order U/S.143(3) Of The I.T.Act, Dated 15.12.2019 & 24.02.2021 Respectively. For The Sake Of

C Srivastava (256 ITR 385) and thus the total deduction of Rs. 66,80,575/- disallowed u/s 80P(2)(a) (i) or 80P(2)(d) of the IT Act was not justified. 3. The Appellate craves the right to add, amend, modify, alter, revise, substitute, delete any or all grounds of the appeal, if deemed necessary at the time

M/S DHULE NANDURBAR DISTRICT POLICE CO-OP CREDIT SOCIETY,DHULE vs. INCOME TAX OFFICER, WARD-1, DHULE, DHULE

Bench: Shri Satbeer Singh Godara

68,547/- and Rs.1,33,961/- made by Assessing Officer in the assessment order(s) dated 28.11.2019 and 24.03.2021, for 2 ITA.Nos.194 & 195/PUN./2024 assessment years 2017-2018 and 2018-2019, respectively, representing interest income from the investments made in co- operative/scheduled bank(s). The same is found to be no more res integra in light of this tribunal

M/S DHULE NANDURBAR DISTRICT POLICE CO-OP CREDIT SOCIETY,DHULE vs. INCOME TAX OFFICER, WARD-1, DHULE, DHULE

Bench: Shri Satbeer Singh Godara

68,547/- and Rs.1,33,961/- made by Assessing Officer in the assessment order(s) dated 28.11.2019 and 24.03.2021, for 2 ITA.Nos.194 & 195/PUN./2024 assessment years 2017-2018 and 2018-2019, respectively, representing interest income from the investments made in co- operative/scheduled bank(s). The same is found to be no more res integra in light of this tribunal

SOLAPUR DIST M S K SAMITI H MASTER T AND N T PATH MYDT PANDHARPUR,PANDHARPUR vs. ITO, WARD 2, PANDHARPUR

In the result appeal of the assessee is dismissed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.804/Pun/2023 िनधा"रण वष" / Assessment Year : 2017-18 Solapur Dist M S K Samiti H The Income Tax Officer, Master T & N T Path V Ward-2, Pandharapur. Mydtpandharpur, S 3980, Station Road, Pandharpur. Maharashtra – 413304. Pan: Aanas9890E Appellant/ Assessee Respondent /Revenue Assessee By None Revenue By Shri Sourabh Nayak – Addl.Cit(Dr) Date Of Hearing 15/02/2024 Date Of Pronouncement 08/03/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An 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 11.05.2023 Emanating From Assessment Order Dated 30.07.2019Passed Under Section 144 R.W.S 144A Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Assessee Was In Presumption That Co Operative Societies Income Is Exempt Under 80P Generally Maximum Co Solapur Dist M S K Samiti H Master T & N T Path Mydt Pandharpur [A]

68 taxmann.com 298/239 Taxman 417/384 ITR 490 (Ker.), which relied on the aforesaid provision to decline exemption insofar as a similar situation in which no return was filed. In such circumstance, the failure to file a return under Section 139; even when a notice was issued under Section 142(1), is not a technical defect. We also

SHAHUPURI VYAPARI NAGARI SAHAKARI PAT SANSTHA LTD KOLHAPUR,KOLHAPUR vs. INCOME TAX OFFICER WARD 2(1), KOLHAPUR

Appeal is allowed in above terms

Bench: Shri Satbeer Singh Godara

68,730/-; there is hardly any dispute that the same represents interest derived from various co-operative societies/banks. It is found that the instant issue is no more res 2 ITA.No.216/PUN./2024 integra in light of this tribunal’s recent coordinate bench’s order ITA.No.1249/PUN./2018 dated 07.01.2022 in The Rena Sahakari Sakhar Karkhana Ltd. vs. PCIT

VITHAL RAO SHINDE SSK LTD,SOLAPUR vs. ACIT, SOLAPUR

In the result, all the appeals of assessee and Revenue are allowed as indicated above

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am

68 Income Tax, Ichalkaranji 2009-10 Ganganagar, Ichalkaranji, Circle, Ichalkaranji Taluka – Hatkanagale, Dist. Kolhapur PAN: AAAAD0725G Shri Datta Shetkari Sahakari Sakhar The Dy. Commissioner of 2204/PUN/2012 Kharkhana Ltd., 69 Income Tax, Ichalkaranji 2009-10 A/P Dattanagar, Circle, Ichalkaranji Tal-Shirol, Dist. Kolhapur PAN: AAAAS0597B Kumbhi Kasari Sahakari 2221/PUN/2012 Sakhar Kharkhana Ltd., The Dy. Commissioner of 2006-07 70- & A/p Kuditre

DY.CIT, CIR.-3(1), DHULE, DHULE vs. SHIRPUR SHETKARI SAHAKARI SAKHAR KARKHANA LTD.,, DAHIWAD

In the result, all the appeals of assessee and Revenue are allowed as indicated above

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am

68 Income Tax, Ichalkaranji 2009-10 Ganganagar, Ichalkaranji, Circle, Ichalkaranji Taluka – Hatkanagale, Dist. Kolhapur PAN: AAAAD0725G Shri Datta Shetkari Sahakari Sakhar The Dy. Commissioner of 2204/PUN/2012 Kharkhana Ltd., 69 Income Tax, Ichalkaranji 2009-10 A/P Dattanagar, Circle, Ichalkaranji Tal-Shirol, Dist. Kolhapur PAN: AAAAS0597B Kumbhi Kasari Sahakari 2221/PUN/2012 Sakhar Kharkhana Ltd., The Dy. Commissioner of 2006-07 70- & A/p Kuditre

SIDHESHWAR SAH. SAKHAR KARKHANA LTD.,AURANGABAD vs. DCIT, S.R.-2,, AURANGABAD

In the result, all the appeals of assessee and Revenue are allowed as indicated above

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am

68 Income Tax, Ichalkaranji 2009-10 Ganganagar, Ichalkaranji, Circle, Ichalkaranji Taluka – Hatkanagale, Dist. Kolhapur PAN: AAAAD0725G Shri Datta Shetkari Sahakari Sakhar The Dy. Commissioner of 2204/PUN/2012 Kharkhana Ltd., 69 Income Tax, Ichalkaranji 2009-10 A/P Dattanagar, Circle, Ichalkaranji Tal-Shirol, Dist. Kolhapur PAN: AAAAS0597B Kumbhi Kasari Sahakari 2221/PUN/2012 Sakhar Kharkhana Ltd., The Dy. Commissioner of 2006-07 70- & A/p Kuditre