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2017 (10) TMI 941

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..... TION Nos.100085-100093/2017 IN ITA No.100066/2016 C/W ITA Nos.100064/2016, 100065/2016, 100067/2016, 100068/2016 & ITA Nos.100051-100054/2016 - - - Dated:- 22-9-2017 - Vineet Kothari And H. B. Prabhakara Sastry, JJ. Mr. A. Shankar, Adv. for Petitioner ORDER 1. Delay condoned. Heard. 2. The Assessee M/s the Totgars Co-operative Sale Society has filed these Review Petitions seeking a review of the judgment delivered by this Bench on 16/06/2017 deciding a batch of Income Tax Appeals. 3. The submissions made by the learned counsel for the Review Petitioners, Mr. A. Shankar are summarized below: (i) That for the preceding Assessment Years, the Assessing Authority himself had allowed the deduction under Section 80-P(2) .....

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..... n the judgment dated 16/06/2017, particularly, from paras 11 to 19 of the judgment has categorically held that the petitioner Assessee Co-operative Society is not entitled to 100% deduction under Section 80-P(2) of the Act even with reference to Section 80-P(2)(d) of the Act of the interest earned on such Deposits made by it may even with the Co-operative Banks instead of other Scheduled or Nationalized Banks during these assessment years and it does not change the character of the income by change of Banks and in view of the Supreme Court decision in the case of the assessee itself reported in [(2010) 322 ITR 283(SC)] (CIT Vs. Totagar s Co- operative Sale Limited) and that the Co operative Banks are different from Co-operative Societies .....

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..... uss the other issues or grounds for questioning the re-assessment proceedings under Section 147/148 of the Act. 10. The contention raised by the learned counsel for the Review Petitioner Assessee along with the Synopsis of Arguments filed in this Court on 14/06/2017 while the orders after concluding the hearing was reserved on 12/06/2017 and judgment delivered on 16/06/2017 is that, he had submitted a copy of the order passed by the Division Bench of this Court in I.T.A.No.100161/2015 (The Principal Commissioner of Income Tax and another Vs. The Bagalkot District Central Co-operative Bank Limited), decided on 16/12/2015 along with the said Synopsis of Arguments in which the Division Bench of this Court, by a short order relying upon th .....

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