THE LUNAWADA URBAN CO OP CREDIT SOCIETY LIMITED,MAHISAGAR V. THE ITO, WARD-1, LUNAWADA

MA 85/AHD/2025

AI Insights

The case involves the Lunawada Urban Co-op Credit Society Ltd., which filed a Miscellaneous Application against an order by the Income Tax Appellate Tribunal, Ahmedabad. The original dispute centered on the disallowance of deductions related to interest, dividends, and income from members, totaling Rs. 11,78,126/-. The Tribunal's initial order addressed only part of this disallowance, specifically the Rs. 5,25,781/- related to interest and dividends from a Co-operative Bank, but omitted to adjudicate on the Rs. 6,02,341/- income from members, which was claimed under section 80P(2)(a)(i) and was contested in ground no. 4. The Tribunal rectified this oversight in the Miscellaneous Application, allowing the deduction for income from members as it was not disputed by the Assessing Officer in the original assessment.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 780210 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-10-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2016-2017
• Appeal Filed On: 28-08-2025
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ABHIJIT
• Assessee Lawyers: URVASHI SHODHAN

Judgement Text

"THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “SMC” BENCH Before Dr. BRR Kumar, Vice President And Ms. Suchitra Kamble, Judicial Member Lunawada Urban Co-op Credit Society Ltd. Fuwara Chowk, Lunawada, Mahisagar PAN: AAFAT9358Q (Appellant) Vs The ITO, Ward-1 Lunawada (Respondent) Assessee by: Ms. Urvashi Shodhan, A.R. Revenue by: Shri Abhijit, Sr. D.R. Date of hearing : 26-09-2025 Date of pronouncement : 10-10-2025 आदेश/ORDER Per Suchitra Kamble, Judicial Member: This Miscellaneous Application is filed by the assessee in respect of order dated 14-08-2025 passed by the Tribunal. 2. The A.R. submitted that in para 7 of the said order dated 14-08-2025, the Tribunal has dealt with ground no. 3 challenging disallowance of deduction of Rs. 5,25,781/- interest and dividend earned from Co-operative Bank whereas total disallowance made by the Assessing Officer is that of Rs. 11,78,126/- which comprised interest and dividend earned from Co-operative Bank of Rs. 5,25,781/- and income from members M.A. No. 85/Ahd/2025 (In ITA No. 809/Ahd/2025) Assessment Year 2016-17 Printed from counselvise.com M.A. No. 85/Ahd/2025 Lunawada Urban Co-op Credit Society, A.Y. 2016-17 2 of credit society of Rs. 6,02,341/- which is legitimately allowable u/s. 80P(2)(a)(ia) of the Act. The said income earned from members of credit society has been challenged in ground no. 4. The ld. A.R. submitted that the said ground no. 4 remained to be adjudicated. 3. The ld. D.R. relied upon the order of the Tribunal dated 14- 08-2025 4. We have heard both the parties and perused all the relevant material available on record. From the perusal of the order dated 14-08-2025, it appears that ground no. 4 was not adjudicated and hence to that extent, the ld. A.R. has rightly pointed out the mistake apparent on record. Thus, order dated 14-08-2025 passed by the Tribunal is rectified to that extent. Para 7A to be insert after para 7 and before para 8 of the order dated 14-08-2025 passed by the Tribunal. The same reads as under: “As regards ground no. 4 wherein the assessee society contended that the Assessing Officer has not appreciated the deduction of Rs. 6,02,341/- claimed by the assessee u/s. 80P(2)(a)(i) on income earned from members has to be allowed as per the requirement. The assessee society has earned the said income from members of the credit society and there was no dispute/doubt mentioned by the Assessing Officer in the assessment order. Thus, the Assessing Officer as well as the CIT(A) was not justified in disallowing the same. Hence, ground no. 4 is allowed.” Printed from counselvise.com M.A. No. 85/Ahd/2025 Lunawada Urban Co-op Credit Society, A.Y. 2016-17 3 5. In the result, the M.A. filed by the assessee is allowed. Order pronounced in the open court on 10-10-2025 Sd/- Sd/- (Dr. BRR Kumar) (Suchitra Kamble) Vice President Judicial Member Ahmedabad : Dated 10/10/2025 आदेश की \u0007ितिलिप अ ेिषत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/आदेश से, //True Copy// उप/सहायक पंजीकार आयकर अपीलीय अिधकरण, अहमदाबाद Printed from counselvise.com "