TaxTMI 
TaxTMI 
2011 (9) TMI 1195
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....on correctness of CIT(A)'s order dated 10th February, 2010, in the matter of assessment under section 143(3) of the Income tax Act, 1961, for the assessment year 2005-06 on the following ground: "Whether on the facts of the case and in law, the CIT(A) erred in holding that income in the form of interest from investment of surplus fund with other banks qualify for deduction u/s.80P(2)(a) of the A....
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....0P on interest income received by it from banks other than co-operative bank. The Assessing officer is not satisfied and is in appeal before us. 3. While learned Departmental Representative fairly accepts that the issue is covered in favour of the assessee by order of the cooperative Bench of this Tribunal as also an unreported judgment of Hon'ble Bombay High Court in the case of ITO vs. The Maha....
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....gar Cooperative Bank ltd (supra) as also coordinate Bench of this Tribunal in assessee;'s own case (supra). As regards reliance placed by learned Departmental Representative in the case of Totgars Cooperative Sale Society ltd(supra), we have noted that Their Lordships of Hon'ble Bombay High Court have distinguished the said judgment by, inter alia, observing as follows: "In our opinion, there is....