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1 - 10 of 13 (0.26 seconds)The Mavilayi Service Cooperative Bank ... vs Commissioner Of Income Tax Calicut on 12 January, 2021
Dhanshri Multi State Co-operative Credit Society Ltd.,[R]
8.1 The Hon'ble Supreme Court of India in the case of Mavilayi
Service Co-operative Bank Ltd. vs CIT [2021] 431 ITR 1, has
observed vide order dated 12thJanuary, 2021 as under :
Section 22 in The Banking Regulation Act, 1949 [Entire Act]
The Income Tax Act, 1961
Karmaveer Bhaurao Patil Nagari ... vs Income-Tax Officer, Ward - 2 (3),, ... on 7 October, 2019
In the absence of their being any change in
the legal position prevailing on this issue after the
passing of the order by the Pune Bench of the
Tribunal in Shri Laxmi Narayan Nagari Sahakari
Pat Sanstha Maryadit (supra) and host of other
orders reiterating the similar view, respectfully
following the precedent, we uphold the impugned
order in allowing deduction u/s.80P on the interest
income"
M/S Tumkur Merchants Souharda Credit ... vs Assessee on 19 February, 2014
The Pune Bench of the Tribunal in the case
of Shri Laxmi Narayan Nagari Sahakari Pat
Sanstha Maryadit (supra) has discussed the
contrary views expressed by the Hon'ble Karnataka
High Court in Tumkur Merchants Souharda Credit
Cooperative Ltd. Vs. ITO (2015) 230 taxmann 309
(Kar.)
The Banking Regulation Act, 1949
Mantola Co-Operative Thrift And Credit ... vs Commissioner Of Income Tax 21 on 17 July, 2017
Further, section 80P(4) is to beread as a proviso, which proviso now
specifically excludes co-operative banks which are co-
operativesocieties engaged in banking business i.e. engaged in
lending money to members of the public, which have a licence in this
behalf from the RBI. Judged by this touchstone, it is clear that the
impugned Full Bench judgment is wholly incorrect in its reading of
Citizen Cooperative Society Ltd. (supra). Clearly, therefore, once
section 80P(4) is out of harm's way, all the assessees in the present
case are entitled to the benefit of the deduction contained in section
80P(2)(a)(i), notwithstanding that they may also be giving loans to
their members which are not related to agriculture. Also, in case it is
found that there are instances of loans being given to non-members,
profits attributable to such loans obviously cannot be
deducted."(emphasis supplied) Unquote.
The Multi-State Co-Operative Societies Act, 2002
Arihant Gramin Bigar Sheti Sahakari ... vs Income-Tax Officer, Ward - 8(5),, Pune on 3 July, 2019
7. The Hon'ble ITAT Pune Bench in the case of Yashwant
Nagari Sahakari Patsanstha Maryadit Vs. ITO in ITA
No.644/PUN/2024 dated 04.06.2024 held as under: