2024 (7) TMI 1616

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....reby the Ld. CIT(A) had dismissed the appeal of the Assessee against the Intimation, dated 29/06/2019, issued under Section 143(1) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'). 2. The Assessee has raised following grounds of appeal: "1. On the facts and the circumstances of the case and in law, the learning Addl/JCIT (A) erred in not allowing deduction u/s.80P(2)(d) of the Act of Rs.29,46,222. 2. On the facts and the circumstances of the case and in law, the learning Addl/JCIT (A) erred in passing the order of not allowing u/s.80P(2)(d) of the Act of Rs.29,46,222, though in the Intimation the addition was made only on the basis that the Return of Income is not filed in time. However, the fact that ....

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....rder passed by the CIT(A) on the grounds reproduced in paragraph 3 above. All the grounds raised by the Assessee, being connected, are taken up together hereinafter. 6. We have given thoughtful consideration to the rival submission, perused the material on record and considered the position in law. 7. During the course of hearing reliance was placed on behalf of the Appellant on the decision of Tribunal in the case of Vishva Villa Co-op Housing Society Vs. ITO, Ward 12(3)(1): ITA No. 682 to 684/Mum/2024, dated 27/06/2024, wherein it was held by the Tribunal that prior to Assessment Year 2021-22 of the Act adjustment was permissible in terms of Section 143(1)(a)(v) of the Act only with respect to deduction claimed under Section 10AA, 8....

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....ter due date specified in Section 139(1) of the Act. 8. We note that as per Section 80P(2)(d) of the Act, for the purpose of claiming deduction under the aforesaid provision interest must be received from a 'co-operative society'. A co-operative society is defined in Section 2(19) of the Act as being a co-operative society registered either under the Co-operative Societies Act, 1912 or under any other law for the time being in force in any State for the registration of co-operative societies. In the case of Kaliandas Udyog Bhavan Premises Co-operative Society Ltd. vs. ITO: ITA No. 6547/Mum/2017, dated 24.04.2018, after examining the judgment of the Hon'ble Supreme Court in the case of Totgars Cooperative Sale Society Ltd. vs. ITO (2010) ....