Sponsored
    Follow Us:

Case Law Details

Case Name : Solitaire CHS Ltd. Vs PCIT (ITAT Mumbai)
Appeal Number : ITA No.3155/Mum/2019
Date of Judgement/Order : 29/11/2019
Related Assessment Year : 2014-15
Become a Premium member to Download. If you are already a Premium member, Login here to access.
Sponsored

Solitaire CHS Ltd. Vs PCIT (ITAT Mumbai)

Though the co-operative banks pursuant to the insertion of sub­section (4) to Sec. 80P would no more be entitled for claim of deduction under Sec. 80P of the Act, but as a co-operative bank continues to be a co-operative society registered under the Co-operative Societies Act, 1912 (2 of 1912), or under any other law for the time being in force in any State for the registration of co-operative societies, therefore, the interest income derived by a co-operative society from its investments held with a co-operative bank would be entitled for claim of deduction under Sec.80P(2)(d) of the Act.

FULL TEXT OF THE ITAT JUDGEMENT

The present appeal filed by the assessee is directed against the order passed by the Pr. Commissioner of Income Tax-26, Mumbai, dated 14.03.2019 under Sec.263 of the Income Tax Act, 1961 (for short Act‟). The assessee has assailed the impugned order on the following grounds of appeal before us:

“Being aggrieved by the order of the learned Principal Commissioner of Income-tax- 26, Mumbai, dated 15.03.2019, the Appellant prays to prefer the present appeal on the following ground:

Please become a Premium member. If you are already a Premium member, login here to access the full content.

Sponsored

Join Taxguru’s Network for Latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

One Comment

  1. vswami says:

    OFFHAND (to repeat and reiterate):
    Assessee, a CHS, has claimed that interest earned on FDs with a co¬-operative bank, – which is a ‘co-operative society’ within its wider meaning of the law,- is deductible U/s.80P(2)(d). The ITAT has upheld the claim for tax exemption on the stated ground.
    Be that as it may, in any view, in the case of a ‘housing association’ (including a ‘CHS’), by virtue of the well settled common law “Doctrine of Mutuality” , there is no scope for taxing it under the IT Act. For MORE look through the in-depth discussion HERE
    https://taxguru.in/author/vswami/
    6. Housing Association & ‘’Mutuality”- (Supplement II)
    7. HOUSING ASSOCIATION -Mutuality Principle- Supplement I
    8. “Mutuality’ – Doctrine of- A Critical Study
    Also, suggest going through the plethora of case law cited therein.

Leave a Comment

Your email address will not be published. Required fields are marked *

Sponsored
Sponsored
Search Post by Date
July 2024
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
293031