MAYOOR CO-OPERATIVE HOUSING SOCIETY LIMITED,MUMBAI V. JURISDICTIONAL AO WARD 22(2)(1), MUMBAI, MUMBAI

ITA 5416/MUM/2024

AI Insights

The case revolves around the denial of a deduction under section 80P(2)(d) of the Income Tax Act, 1961, to Mayoor Cooperative Housing Society Ltd. by the Assessing Officer (AO). The society appealed against this decision, citing previous ITAT rulings and a Supreme Court decision that supported their entitlement to the deduction. The Tribunal considered these precedents and the consistency of the facts across similar cases, leading to the decision to allow the deduction as claimed by the society.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 471297 (ITAT-MUMBAI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-02-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2021-2022
• Other Referred Cases: Mavilayi Services Cooperative Bank Ltd. (431 ITR 1)(SC), PCIT Vs. Ashvin Kumar Arban Cooperative Society Ltd. (168 taxman.com 314), Kaliandas Udyog Bhavan Premises Cooperative Society Ltd. (ITA No. 6547/Mum/2017), Ashok Tower 'D' Cooperative Housing Society Ltd. Vs. ITO (163 taxmann.com 598), Sai Ankur Cooperative Housing Society Vs. ITO (171 taxmann.com 44), Mullanpur Garibdas Cooperative Multipurpose Society Vs. PCIT (163 Taxmann.com 598)
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P. D. CHOUGULE
• Assessee Lawyers: ANIL SATHE

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL Mumbai “(SMC)” Bench, Mumbai. Before Smt. Kavitha Rajagopal (JM) & Shri Omkareshwar Chidara (AM) ITA No. 5416/MUM/2024 (Assessment Year : 2021-22) Mayoor Cooperative Housing Society Ltd. D Wing, Ground Floor M.T. N.L Road, Dadar Maharashtra-400 028. Vs. ITO Ward 22(2)(1) AO No. 91, Range Code 197 Mumbai PAN : Appellant Respondent Assessee by : Shri Anil Sathe Revenue by : Shri P.D. Chougule Date of Hearing : 19/02/2025 Date of pronouncement : 24/02/2025 O R D E R Per Omkareshwar Chidara (AM) :- The only ground of appeal taken by the appellant society before the ITAT is that the appellant is entitled for deduction u/s. 80P(2)(d) of the Act and Ld. CIT(A) erred in confirming the order of the Ld. AO who denied the above said deduction. 2. During the hearing before the ITAT, the Ld. AR of the appellant has filed a copy of the ITAT Mumbai order in his own case for A.Y. 2013-14, where it was held that the appellant cooperative housing society is entitled for deduction u/s. 80P(2)(d) of the Act vide ITA No. 263/Mum/2018 dated 9.3.2018. From the copy of the order of the ITAT, it is observed that the issue is already decided in favour of the appellant vide above order in his own case. Apart from this, Ld. AR of the appellant has filed a legal paper book in which he relied on the decision rendered in his own case in A.Y. 2020-21, where the appellant society got relief and in this order, the coordinate Bench placed reliance of Hon'ble Supreme Court in the case of Mavilayi Services Cooperative Bank Ltd. (431 ITR 1)(SC). The appellant Mayoor Cooperative Housing Society Ltd. 2 society placed reliance on the decisions of Coordinate Benches viz., PCIT Vs. Ashvin Kumar Arban Cooperative Society Ltd. (168 taxman.com 314), Kaliandas Udyog Bhavan Premises Cooperative Society Ltd. (ITA No. 6547/Mum/2017), Ashok Tower “D” Cooperative Housing Society Ltd. Vs. ITO (163 taxmann.com 598), Sai Ankur Cooperative Housing Society Vs. ITO (171 taxmann.com 44) and Mullanpur Garibdas Cooperative Multipurpose Society Vs. PCIT (163 Taxmann.com 598). 3. In all these decisions, including the decision of Hon'ble Supreme Court in the case of Mavilayi Services Cooperative Bank Limited Vs. Ld. (supra) and the decisions rendered in appellant’s own case in earlier years, facts and circumstances are similar and hence it was pleaded that the addition made by the Ld. AO by denying deduction u/s. 80P(2)(d) of the Act may be set aside. 4. Ld. DR relied on the orders of the lower authorities. 5. Heard both sides. In view of the several decisions mentioned above including that of Hon'ble Supreme Court decision and decision in appellant’s own case in earlier year, it is decided to delete the addition made by the Ld. AO relating to denial of the deduction u/s. 80P(2)(d) of the Act. 6. Appeal of the appellant-society is allowed. Order pronounced in the open Court on 24/02/2025. Sd/- Sd/- (KAVITHA RAJAGOPAL) (OMKARESHWAR CHIDARA) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated: 24/02/2025 Copy of the Order forwarded to : 1. The Appellant 2. The Respondent. 3. CIT Mayoor Cooperative Housing Society Ltd. 3 4. DR, ITAT, Mumbai 5. Guard file. BY ORDER, //True Copy// (Assistant Registrar) ITAT, Mumbai PS "