MOHOL NAGARI SAHAKARI PATPURVATHA SANSTHA MARYADIT,SOLAPUR V. ITO WARD 2, PANDHARPUR

ITA 1332/PUN/2025

AI Insights

The case involves multiple appeals and cross objections by the Revenue and the assessee, Mohol Nagari Sahakri Patpuravatha Sanstha Maryadit, concerning the assessment orders for the years 2017-18, 2018-19, and 2020-21. The primary issues revolved around the allowability of deduction under section 80P(2) of the IT Act and the treatment of unexplained cash deposits during the demonetization period. The Tribunal's decisions were influenced by precedents set in previous cases involving the same assessee, where it was established that cooperative credit societies are eligible for such deductions.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 773685 (ITAT-PUNE)
• Duration Of Justice: 4 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-09-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2017-2018
• Appeal Filed On: 19-05-2025
• Other Referred Cases: Kundalika Nagari Sahakari Patsanstha Maryadit vs. ITO, Sant Motiram Maharaj Sahakari Pat Sanstha Ltd. vs. ITO, Tumkur Merchants Souharda Credit Co-operative Ltd. vs. ITO, Totgar Cooperative Sale Society Ltd. vs. ITO
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAMNATH P. MURKUNDE
• Assessee Lawyers: S.N. PURANIK
• Keywords: Revision of order
• Section: 143(3); 142(1); 263; 234B

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI MANISH BORAD, ACCOUNTANT MEMBER AND SHRI VINAY BHAMORE, JUDICIAL MEMBER Sl. No. ITA/CO No. Name of Appellant Name of Respondent Asst. Year 1-2 717/PUN/2025 718/PUN/2025 ITO, Ward-2, Pandharpur. Mohol Nagari Sahakri Patpuravatha Sanstha Maryadit, Market Yard, Mohol, Taluka- Mohol, District- Solapur- 413213. PAN : AAAAM1185F 2017-18 3-4 23/PUN/2025 26/PUN/2025 Mohol Nagari Sahakri Patpuravatha Sanstha Maryadit, Market Yard, Mohol, Taluka- Mohol, District- Solapur- 413213. PAN : AAAAM1185F ITO, Ward-2, Pandharpur. 2017-18 5-6 1331/PUN/2025 1332/PUN/2025 Mohol Nagari Sahakri Patpuravatha Sanstha Maryadit, Market Yard, Mohol, Taluka- Mohol, District- Solapur- 413213. PAN : AAAAM1185F ITO, Ward-2, Pandharpur. 2017-18 7 695/PUN/2025 ITO, Ward-2, Pandharpur. Mohol Nagari Sahakri Patpuravatha Sanstha Maryadit, Market Yard, Mohol, Taluka- Mohol, District- Solapur- 413213. PAN : AAAAM1185F 2018-19 8 25/PUN/2025 Mohol Nagari Sahakri Patpuravatha Sanstha Maryadit, Market Yard, Mohol, Taluka- Mohol, District- Solapur- 413213. PAN : AAAAM1185F ITO, Ward-2, Pandharpur. 2018-19 9 1146/PUN/2025 ITO, Ward-2, Pandharpur. Mohol Nagari Sahakri Patpuravatha Sanstha 2020-21 Printed from counselvise.com Mohol Nagari Sahakri Patpuravatha Sanstha Maryadit 2 Maryadit, Market Yard, Mohol, Taluka- Mohol, District- Solapur- 413213. PAN : AAAAM1185F 10 24/PUN/2025 Mohol Nagari Sahakri Patpuravatha Sanstha Maryadit, Market Yard, Mohol, Taluka- Mohol, District- Solapur- 413213. PAN : AAAAM1185F ITO, Ward-2, Pandharpur. 2020-21 आदेश / ORDER PER BENCH : These are the cross appeals filed by the Revenue as well as by the assessee against the separate orders of Ld. CIT(A)/NFAC dated 19.01.2025 for the assessment years 2017-18, 2018-19 and dated 03-03-2025 for the assessment year 2020-21 respectively. The assessee is also in cross objections against the respective appeals filed by the Revenue. 2. Since the identical facts and common issues are involved in all the above captioned appeals as well as cross objections, we proceed to dispose of the same by this common order. Assessee by : Shri S. N. Puranik Revenue by : Shri Ramnath P. Murkunde Date of hearing : 22.09.2025 Date of pronouncement : 24.09.2025 Printed from counselvise.com Mohol Nagari Sahakri Patpuravatha Sanstha Maryadit 3 3. For assessment year 2017-18 - Facts of the case, in brief, are that the assessee is a credit co-operative society duly registered under Maharashtra Co-operative Societies Act and engaged in the activity of providing credit facility to its members and also accepting deposits from them. The return of income was e-filed on 26.10.2017 by declaring NIL income after claiming deduction u/s 80P(2) of the IT Act. The case was selected for scrutiny under CASS. Statutory notices u/s 143(2) and 142(1) along-with questionnaire were issued to the assessee. After considering reply of the assessee, the Assessing Officer vide order dated 16.12.2019 completed the assessment u/s 143(3) of the IT Act and determined taxable income of Rs.3,71,55,141/- as against the NIL income returned by the assessee. The above said income includes addition of unexplained money u/s 69A of the IT Act, deposited in the shape of SBN in Bank during the demonetisation period. Apart from above addition, another addition was also made to the income of the assessee on account of disallowance of deduction u/s 80P(2) of the IT Act. Printed from counselvise.com Mohol Nagari Sahakri Patpuravatha Sanstha Maryadit 4 4. Being aggrieved with the above assessment order passed u/s 143(3) of the IT Act, the assessee preferred first appeal before Ld. CIT(A)/NFAC on 09.01.2020. 5. Subsequently vide order dated 26.03.2022 Ld. PCIT, Pune set-aside the assessment order dated 16.12.2019 u/s 263 of the IT Act and directed the Assessing Officer to reframe the assessment. 6. Aggrieved with the above action of Ld. PCIT, Pune, assessee filed an appeal against the above order passed u/s 263 of the IT Act before this Tribunal. 7. In the meanwhile i.e. during the pendency of assessee’s appeal before the Tribunal, the Assessing Officer vide order dated 24.03.2023 reframed the assessment u/s 143(3) r.w.s. 263 of the IT Act, and in the absence of proper reply from the assessee, determined the taxable income of Rs.7,51,91,951/- as against the income returned by the assessee at Rs.Nil. 8. The assessee again filed an appeal before Ld. CIT(A)/NFAC against the above order dated 24-03-2023 passed u/s 143(3) r.w.s. 263 of the IT Act. 9. Subsequently, a coordinate bench of this Tribunal vide order dated 22.05.2023 partly allowed the appeal of the assessee wherein Printed from counselvise.com Mohol Nagari Sahakri Patpuravatha Sanstha Maryadit 5 it was held that the assessee is entitled to claim deduction u/s 80P(2) of the IT Act and therefore to that extent the order passed u/s 263 of the IT Act was not justified. However, the Tribunal partly approved the order u/s 263 of the IT Act passed by Ld. PCIT, Pune, wherein the Assessing Officer, with regard to the addition u/s 69A of unexplained money, was directed to verify the availability of cash on the date of deposit in the banks and reframe the assessment. 10. Later, after considering the reply of the assessee, Ld. CIT(A)/NFAC vide order dated 19.01.2025 partly allowed the appeal filed by the assessee against the order dated 16-12-2019 passed u/s 143(3) of the IT Act and allowed ground No.1 & 2 raised by the assessee, and directed the Assessing Officer to delete the addition made on account of disallowance under section 80P(2) of the IT Act. Further, Ld. CIT(A)/NFAC partly allowed ground No.3 raised by the assessee for statistical purposes and directed the Assessing Officer to delete the addition of cash deposit, after necessary verification with regard to the availability of cash balance on the impugned date of deposit in the bank account. Ground No.4 raised by the assessee was dismissed by Ld. CIT(A)/NFAC which Printed from counselvise.com Mohol Nagari Sahakri Patpuravatha Sanstha Maryadit 6 was against charging of interest u/s 234A, 234B & 234C of the IT Act. 11. This time the Revenue being the aggrieved party is in appeal against the above 1st appellate order before this Tribunal in ITA No 717/PUN/2025 & the assessee has filed Cross Objection No.23/PUN/2025 against the above appeal of the Revenue and also filed cross appeal against the above 1st appellate order i.e. ITA No.1331/PUN/2025. 12. It is worthwhile to mention here that on 19-01-2025, Ld. CIT(A)/NFAC also decided the first appeal of the assessee which was filed against the reassessment order dated 24-03-2023 passed u/s 143(3) r.w.s. 263 of the IT Act. In this order Ld. CIT(A)/NFAC partly allowed the appeal of the assessee & allowed deduction u/s 80P(2) of the IT Act to the assessee & regarding other ground further directed the Assessing Officer to do proper investigation conduct necessary enquiry & accordingly decide the matter of cash deposit/unexplained money u/s 69A of the IT Act in accordance with law. 13. Against the above first appellate order dated 19.01.2025 the Revenue is also in appeal before this Tribunal vide ITA Printed from counselvise.com Mohol Nagari Sahakri Patpuravatha Sanstha Maryadit 7 No.718/PUN/2025 & the assessee has filed Cross Objection No.26/PUN/2025 against the above appeal of the Revenue and also filed cross appeal against the above 1st appellate order i.e. ITA No.1332/PUN/2025. 14. For assessment year 2018-19 - Facts of the case, in brief, are that the assessee furnished its return of income declaring Nil income after claiming deduction of Rs.4,52,14,312/- u/s 80P(2) of the IT Act. The assessment was completed u/s 143(3) of the IT Act by determining taxable income of Rs.4,52,14,312/-. In first appeal, after considering the reply of the assessee, Ld. CIT(A)/NFAC directed the Assessing Officer to allow the deduction u/s 80P(2) of the IT Act. Against the above order of Ld. CIT(A)/NFAC dated 19.01.2025, the Revenue is in appeal before this Tribunal i.e. ITA No.695/PUN/2025. The assessee has also filed Cross Objection No.25/PUN/2025 against the appeal of the Revenue. 15. For assessment year 2020-21 - Facts of the case, in brief, are that the assessee furnished its return of income declaring Nil income after claiming deduction of Rs.4,51,55,700/- u/s 80P(2) of the IT Act. The assessment was completed on 06.09.2022 u/s 143(3) of the IT Act by determining taxable income of Rs.4,51,55,700/-. In Printed from counselvise.com Mohol Nagari Sahakri Patpuravatha Sanstha Maryadit 8 first appeal, after considering the reply of the assessee, Ld. CIT(A)/NFAC vide order dated 03.03.2025 directed the Assessing Officer to allow the deduction u/s 80P(2) of the IT Act. Against the above order of Ld. CIT(A)/NFAC, the Revenue is in appeal before this Tribunal i.e. ITA No.1146/PUN/2025. The assessee has also filed Cross Objection No.24/PUN/2025 against the above appeal of the Revenue. 16. First, we shall take up the cross appeal of the Revenue as well as of the assessee in ITA No.717/PUN/2025 and ITA No.1331/PUN/2025 for A.Y. 2017-18 for adjudication. ITA No.717/PUN/2025, A.Y. 2017-18 – By Revenue : 17. Ld. DR appearing from side of the Revenue submitted before us that the order dated 19-01-2025 passed by Ld. CIT(A)/NFAC against the assessment order dated 16-12-2019 passed u/s 143(3) of the IT Act is unjustified qua the relief u/s 80P(2) of the IT Act allowed by him to the assessee. All the grounds raised by the Revenue in this appeal are only related with allowability of deduction u/s 80P(2) of the IT Act. However, Ld. DR fairly conceded that the issue is already covered in favour of assessee since a coordinate bench of this Tribunal in the case of assessee Printed from counselvise.com Mohol Nagari Sahakri Patpuravatha Sanstha Maryadit 9 himself for assessment year 2017-18, while adjudicating the issue of validity of an order passed by Ld. PCIT u/s 263 of the IT Act has already decided that the assessee is entitled to claim deduction u/s 80P(2) of the IT Act. Accordingly, Ld. DR requested to pass appropriate order. 18. We have heard Ld. counsels from both the sides and perused the material available on record including the copy of decision of coordinate bench of this Tribunal passed in the case of assessee itself for assessment year 2017- 18 in ITA No.227/PUN/2022 order dated 22.05.2023, wherein the Tribunal has allowed the appeal of the same assessee by observing as under :- “6. In these facts and circumstances of the case, it is observed that the ITO had held that amount of Rs.6,03,95,763/- is not eligible for deduction u/s 80P of the Act but forgot to add the said amount to total income finally calculated by him in the assessment order. In these facts of the case, we agree with the Pr.CIT that the Assessment Order is erroneous and prejudicial to the interest of revenue qua AO’s mistake of not adding the amount which he himself held to be non-eligible. However, this ITAT has repeatedly held that Cooperative Credit Society is eligible for claiming deduction under section 80P(2) of the Act on interest earned by them from Fixed Deposits kept with another cooperative Banks. ITAT Pune in the case of Kundalika Nagari Sahakari Patsanstha Maryadit178 TTJ 381 (Pune - Trib.) has held as under : Quote, “ The assessee has further furnished the break-up of FDs with different co-operative banks at pages 57 to 68 of the Paper Book with sample copies of FDs at pages 69 to 75 of the Paper Book. The claim of the assessee before us is that it was engaged in the business of providing credit facilities to its members, out of loan received from its members itself. The surplus amount which was on account of amount received from its members only, which Printed from counselvise.com Mohol Nagari Sahakri Patpuravatha Sanstha Maryadit 10 had not been advanced to any of the members was invested in the banks, against which the said investment was made out of surplus funds available with the assessee, which in turn, were amounts advanced by the members itself. The said parking of funds with the co-operative banks was claimed by the assessee to be in the nature of its business activity as it was the requirement of Maharashtra Cooperative Societies Act, 1960, that 20 to 30% of total deposits are to be parked in the investments with co- operative banks. It is not the case of the Department that the amount invested by the assessee was out of any liabilities due by the assessee. In the absence of the same and following the same parity of reasoning laid down by the Hon'ble High Court of Karnataka in Tumkur Merchants Souharda Credit Co-operative Ltd. (supra) and the facts of the present case being at variance to the facts before the Hon'ble Supreme Court in Totgar Cooperative Sale Society Ltd. (supra), we hold that the assessee is entitled to the claim of deduction under section 80P(2)(a)(i) of the Act.” Unquote. 7. Similar View is taken by ITAT Pune in the case of Sant Motiram Maharaj Sahakari Pat Sanstha Ltd. Vs. ITO 186 ITD 220 (Pune - Trib.) [23-09- 2020]. 8. Thus, the ITAT has repeatedly held that interest earned by Cooperative credit Society from Cooperative bank is eligible for deduction u/s 80P(2) of the Act. Hence, the order u/s 263 is quashed qua the issue of eligibility of the assessee for deduction u/s 80P(2) on Interest earned.” 19. Respectfully following the above decision passed by coordinate bench of this Tribunal in the case of assessee itself (supra) wherein deduction u/s 80P(2) of the IT Act was allowed to the assessee, we reject the grounds raised by the Revenue & consequently dismiss the appeal filed by the Revenue. 20. In the result, the appeal filed by the Revenue in ITA No.717/PUN/2025, A.Y. 2017-18 is dismissed. Printed from counselvise.com Mohol Nagari Sahakri Patpuravatha Sanstha Maryadit 11 CO No.23/PUN/2025, A.Y. 2017-18 (Arising out of ITA No.717/PUN/2025) : 21. The assessee in its cross objection has raised various objections. Since we have adjudicated the appeal filed by the Revenue in ITA No.717/PUN/2025 and dismissed the same, the Cross Objection No.23/PUN/2025 for A.Y. 2017-18 filed by the assessee is dismissed as infructuous. ITA No.1331/PUN/2025, A.Y. 2017-18 – By Assessee : 22. The above assessee’s appeal filed against the order dated 19.01.2025 passed by Ld. CIT(A)/NFAC which in turn has arisen from assessment order dated 16-12-2019 passed u/s 143(3) of the IT Act. 23. There is delay of 52 days in filing of this appeal which is condoned after no objection from the Ld. DR. In this regard, we find that the assessee has challenged the order passed by Ld. CIT(A)/NFAC to the extent of issuing direction to the Assessing Officer to verify the availability of cash on the date of deposit in the bank. In this regard, we further find that the Counsel of the assessee fairly accepted the fact that in the light of Ld. CIT(A)/NFAC direction the Assessing Officer has already verified the availability Printed from counselvise.com Mohol Nagari Sahakri Patpuravatha Sanstha Maryadit 12 of cash on the date of deposit in the bank and no addition has been made by the Assessing Officer on the ground of cash deposit of unexplained money in the bank. Ld. AR also furnished copy of order dated 19-06-2025 passed by the Assessing Officer giving appeal effect wherein income of the assessee for the period under consideration is determined at Rs.Nil. Accordingly, Ld. AR requested before the bench to allow the appeal. 24. We have heard Ld. counsels from both the sides and perused the material available on record including copy of order dated 19-06-2025 of give effect order passed by the Assessing Officer for the period under consideration, wherein income of the assessee has been determined at Rs.Nil by accepting the return filed by the assessee. Since there remains no grievance to the assessee, the grounds of appeal raised by the assessee become infructuous and are accordingly dismissed. 25. In the result, the appeal filed by the assessee in ITA No.1331/PUN/2025 for A.Y. 2017-18 is dismissed as infructuous. ITA No.718/PUN/2025, A.Y. 2017-18 – By Revenue : 26. Ld. DR appearing from side of the Revenue submitted before us that the order dated 19-01-2025 passed by Ld. CIT(A)/NFAC Printed from counselvise.com Mohol Nagari Sahakri Patpuravatha Sanstha Maryadit 13 which was filed against order dated 24-03-2023 passed u/s 143(3) r.w.s. 263 of the IT Act is unjustified qua the relief u/s 80P(2) of the IT Act allowed by him to the assessee. All the grounds raised by the Revenue in this appeal are only related with allowability of deduction u/s 80P(2) of the IT Act. However, Ld. DR fairly conceded that the issue is already covered in favour of assessee since a coordinate bench of this Tribunal in the case of assessee himself for assessment year 2017-18, while adjudicating the issue of validity of an order passed by Ld. PCIT u/s 263 of the IT Act has already decided that the assessee is entitled to claim deduction u/s 80P(2) of the IT Act. Accordingly, Ld. DR requested to pass appropriate order. 27. We have heard Ld. counsels from both the sides and perused the material available on record including the copy of decision of coordinate bench of this Tribunal passed in the case of assessee itself for assessment year 2017- 18 in ITA No.227/PUN/2022 order dated 22.05.2023, wherein the Tribunal has allowed the appeal of the same assessee. 28. Respectfully following the above decision passed by coordinate bench of this Tribunal in the case of assessee itself Printed from counselvise.com Mohol Nagari Sahakri Patpuravatha Sanstha Maryadit 14 (supra) wherein deduction u/s 80P(2) of the IT Act was allowed to the assessee, we reject the grounds raised by the Revenue & consequently dismiss the appeal filed by the Revenue. 29. In the result, the appeal filed by the Revenue in ITA No.718/PUN/2025, A.Y. 2017-18 is dismissed. CO No.26/PUN/2025, A.Y. 2017-18 (Arising out of ITA No.718/PUN/2025) : 30. The assessee in its cross objection has raised various objections. Since we have adjudicated the appeal filed by the Revenue in ITA No.718/PUN/2025 and dismissed the same, the Cross Objection No.26/PUN/2025 for A.Y. 2017-18 filed by the assessee is dismissed as infructuous. ITA No.1332/PUN/2025, A.Y. 2017-18 – By Assessee : 31. The above assessee’s appeal filed against the order dated 19.01.2025 passed by Ld. CIT(A)/NFAC which in turn has arisen from reassessment order dated 24-03-2023 passed u/s 143(3) r.w.s. 263 of the IT Act. 32. There is delay of 49 days in filing of this appeal which is condoned after no objection from the Ld. DR. In this regard, we find that the assessee has challenged the order passed by Ld. Printed from counselvise.com Mohol Nagari Sahakri Patpuravatha Sanstha Maryadit 15 CIT(A)/NFAC to the extent of issuing direction to the Assessing Officer to verify the availability of cash on the date of deposit in the bank. In this regard, we further find that the Counsel of the assessee fairly accepted the fact that in the light of Ld. CIT(A)/NFAC direction the Assessing Officer has already verified the availability of cash on the date of deposit in the bank and no addition has been made by the Assessing Officer on the ground of cash deposit of unexplained money in the bank. Ld. AR also furnished copy of order dated 19-06-2025 passed by the Assessing Officer giving appeal effect wherein income of the assessee for the period under consideration is determined at Rs.Nil. Accordingly, Ld. AR requested before the bench to allow the appeal. 33. We have heard Ld. counsels from both the sides and perused the material available on record including copy of order dated 19- 06-2025 of give effect order passed by the Assessing Officer for the period under consideration, wherein income of the assessee has been determined at Rs.Nil by accepting the return filed by the assessee. Since there remains no grievance to the assessee, the grounds of appeal raised by the assessee become infructuous and are accordingly dismissed. Printed from counselvise.com Mohol Nagari Sahakri Patpuravatha Sanstha Maryadit 16 34. In the result, the appeal filed by the assessee in ITA No.1332/PUN/2025 for A.Y. 2017-18 is dismissed as infructuous. ITA No.695/PUN/2025, A.Y. 2018-19 – By Revenue : 35. Ld. DR appearing from side of the Revenue submitted before us that the order dated 19-01-2025 passed by Ld. CIT(A)/NFAC which was filed against order dated 06-04-2021 passed u/s 143(3) of the IT Act for asstt year 2018-19 is unjustified qua the relief under section 80P(2) of the IT Act allowed by him to the assessee. All the grounds raised by the Revenue in this appeal are only related with allowability of deduction under section 80P(2) of the IT Act. However, Ld. DR fairly conceded that the issue is already covered in favour of assessee since a coordinate bench of this Tribunal in the case of assessee himself for assessment year 2017-18, while adjudicating the issue of validity of an order passed by Ld. PCIT u/s 263 of the IT Act, has already decided that the assessee is entitled to claim deduction u/s 80P(2) of the IT Act. Accordingly, Ld. DR requested to pass appropriate order. 36. We have heard Ld. counsels from both the sides and perused the material available on record including the copy of decision of coordinate bench of this Tribunal passed in the case of assessee Printed from counselvise.com Mohol Nagari Sahakri Patpuravatha Sanstha Maryadit 17 itself for assessment year 2017- 18 in ITA No.227/PUN/2022 order dated 22.05.2023, wherein the tribunal has allowed the appeal of the same assessee & after relying on various other coordinate bench decisions hold that the assessee is entitled to claim deduction u/s 80P(2) of the IT Act. 37. Respectfully following the above decision passed by coordinate bench of this Tribunal in the case of assessee itself (supra) wherein deduction u/s 80P(2) of the IT Act was allowed to the assessee, we reject the grounds raised by the Revenue & consequently dismiss the appeal filed by the Revenue. 38. In the result, the appeal filed by the Revenue in ITA No.695/PUN/2025 for A.Y. 2018-19 is dismissed. CO No.25/PUN/2025, A.Y. 2018-19 (Arising out of ITA No.695/PUN/2025 : 39. The assessee in its cross objection has raised various objections. Since we have adjudicated the appeal filed by the Revenue in ITA No.695/PUN/2025 and dismissed the same, the Cross Objection No.25/PUN/2025 for A.Y. 2018-19 filed by the assessee is dismissed as infructuous. Printed from counselvise.com Mohol Nagari Sahakri Patpuravatha Sanstha Maryadit 18 ITA No.1146/PUN/2025, A.Y. 2020-21 – By Revenue : 40. Ld. DR appearing from side of the Revenue submitted before us that the order dated 03-03-2025 passed by Ld. CIT(A)/NFAC which was filed against order dated 06-09-2022 passed u/s 143(3) of the IT Act for asstt year 2020-21 is unjustified qua the relief under section 80P(2) of the IT Act allowed by him to the assessee. All the grounds raised by the Revenue in this appeal are only related with allowability of deduction under section 80P(2) of the IT Act. However, Ld. DR fairly conceded that the issue is already covered in favour of assessee since a coordinate bench of this Tribunal in the case of assessee himself for assessment year 2017-18, while adjudicating the issue of validity of an order passed by Ld. PCIT u/s 263 of the IT Act, has already decided that the assessee is entitled to claim deduction u/s 80P(2) of the IT Act. Accordingly, Ld. DR requested to pass appropriate order. 41. We have heard Ld. counsels from both the sides and perused the material available on record including the copy of decision of coordinate bench of this Tribunal passed in the case of assessee itself for assessment year 2017- 18 in ITA No.227/PUN/2022 order dated 22.05.2023, wherein the tribunal has allowed the appeal of the Printed from counselvise.com Mohol Nagari Sahakri Patpuravatha Sanstha Maryadit 19 same assessee & after relying on various other coordinate bench decisions hold that the assessee is entitled to claim deduction u/s 80P(2) of the IT Act. 42. Respectfully following the above decision passed by coordinate bench of this Tribunal in the case of assessee itself (supra) wherein deduction u/s 80P(2) of the IT Act was allowed to the assessee, we reject the grounds raised by the Revenue & consequently dismiss the appeal filed by the Revenue. 43. In the result, the appeal filed by the Revenue in ITA No.1146/PUN/2025 for A.Y. 2020-21 is dismissed. CO No.24/PUN/2025, A.Y. 2020-21 (Arising out of ITA No.1146/PUN/2025 : 44. The assessee in its cross objection has raised various objections. Since we have adjudicated the appeal filed by the Revenue in ITA No.1146/PUN/2025 and dismissed the same, the Cross Objection No.24/PUN/2025 for A.Y. 2020-21 filed by the assessee is dismissed as infructuous. 45. Resultantly, all the above captioned cross appeals filed by the Revenue as well as by the assessee and the cross objections filed by Printed from counselvise.com Mohol Nagari Sahakri Patpuravatha Sanstha Maryadit 20 the assessee against the respective appeals of the Revenue are dismissed, as indicated above. Order pronounced on this 24th day of September, 2025. Sd/- Sd/- (MANISH BORAD) (VINAY BHAMORE) ACCOUNTANT MEMBER JUDICIAL MEMBER पुणे / Pune; ᳰदनांक / Dated : 24th September, 2025. Sujeet आदेश कᳱ ᮧितिलिप अᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The Pr.CIT concerned. 4. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, “A” बᱶच, पुणे / DR, ITAT, “A” Bench, Pune. 5. गाडᭅ फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune. Printed from counselvise.com "