Supreme Court of India

M/s. the Totgars Cooperative Sale Society Limited v. Income Tax Officer, Karnataka

Neutral citation
Reported as [2010] 2 S.C.R. 496
Bench S.H. Kapadia and Aftab Alam JJ.
Decided 8 February 2010

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the view that the Assessing Officer was right in taxing· the interest income, indicated above, under Section 56 of the Act.

Judgment, page 13

From the headnote

Income Tax Act, 1961: ss. 80P(2)(a)(i) and (iii) rlw ss.56.and 2(24)(i) - Deduction in respect of income oi co-operative societies - 'Profit and gains from business' - Co-operative Society providing credit facilities to its members and marketing their agricultural 0 produce - Surplus funds invested by Society in short term deposits - Interest earned thereon - HELD: Does not fall within the meaning of expression 'profit and gains from business' - Such interest income .cannot be said to be . attributable to the activities of the Society - The words 'the whole of the amount of profits and gains

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