2026 (4) TMI 629

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....nt order passed under s. 143(3) of the Income Tax Act, 1961 (here-inafter referred to as "the Act") relevant to the Assessment Years 2011-12 & 2014-15. Since the issues raised in these two appeal are identical, we are extracting the ground of appeal raised in ITA No.908/Srt/2025 for the purpose of adjudication. ITA No.908/Srt/2025 for AY 2011-12 2. The Revenue has raised the following grounds of appeal: 1. On the facts and circumstances of the case and in law, the Learned CIT(A) has erred in deleting the addition of Rs. 88,51,47,307/- made under section 37(1) of the Income Tax Act, ignoring the fact that the assessee failed to produce a copy of the order(s) or other legal instruments issued by the Government regarding price f....

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....ank limited is not eligible for deduction u/s.80P(2)(d) of the income-tax, as the said bank is not a co-operative society as laid down u/s.80P(4) of the Act 5. On the basis of the facts and circumstances of the case and in law, the ld. CIT(A) ought to have upheld the order of the Assessing Officer. 6. It is therefore prayed that the order of Id. CIT(A) may kindly be set aside that of the Assessing Officer be restored. 3. The brief facts of the case are that assessee is a Co. Operative Society registered under the Gujarat Co. operative Societies Act, 1961. The assessee is engaged in the activity of manufacturing and selling/marketing of sugar and its by-products like molasses etc. from the sugarcane. The assessee society....

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....m Price (SMP)- which is mandatory for the purpose of income re-computation under Section 155 of the Income-tax Act. With regard to ground no. 2, the Ld.DR submitted that Ld.CIT(A) has erred in deleting the addition of Rs. 47,65,108/- made on account of receipts under different schemes viz Kalyan Fund, Road Development Fund, Land Development Fund & Charitable Trust Fund even though the assessee failed to establish the said fund was utilized during the year for the benefit of members & the society. The Ld.DR further submitted with regard to ground no.3, that Ld. CIT(A) has erred in deleting the addition of Rs. 4,02,60,235/- made on account of disallowance of deduction claimed u/s.80P(2)(d) of the income tax act, without appreciating that the ....

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....th the findings of the Ld. CIT(A). Hence, the appeal the Revenue is dismissed. ITA No. No.901/Srt/2025 for AY 2014-15 9. As regard to the AY 2014-15, the facts are identical to that of AY 2011-12 therefore there is no need to interfere with the findings of the Ld.CIT(A) in the AY 2014-15 as well. Accordingly, the appeal of the Revenue is dismissed. 10. In the result, both the appeals filed by the Revenue are dismissed. The order is pronounced in the open Court on 27.02.2026. ============= Document 1 SHREE SAYAN VIBHAG SAHAKARI KHAND UDYOG MANDLI LTD. DETAILS OF SUGARCANE PAYMENT IN FINANCIAL YEAR 2010-2011 (A.Y-2011-2012)] Sa PARTICULAR SUGARCANE M.T FINAL CANE PRICE (FCP) AMOUNT TOTAL AMOUNT 1 MEMBER'S SUGARCANE P....