ACIT v. Kutch District Cooperative Milk Producers Union Ltd. (2026) 310 Taxman 175 (SC) Editorial: Kutch District Cooperative Milk Producers Union Ltd v. ACIT (2025) 173 taxmann.com 495 (Guj)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Co-operative societies-Interest income on fixed deposit kept with cooperative bank-SLP of revenue was dismissed on account of delay of 225 days in filing SLP [S.80P(2)(d), 148, 148A(b), 148A(d), Art. 136]

Assessee society earned interest income on a fixed deposit kept with a cooperative bank and claimed deduction under section 80P(2)(d). Assessing Officer issued a reopening notice against the assessee under section 148. High Court held that, in view of the decision of the High Court in the case of Pr. CIT v. Ashwinkumar Arban Co-operative Society Ltd. [2024] 168 taxmann.com 314 (Guj)(HC), the cooperative society was eligible for deduction under section 80P(2)(d) on interest income earned on fixed deposit kept with a cooperative bank and, thus, the reopening notice issued against the assessee was to be set aside. SLP of revenue was dismissed on account of delay of 225 days in filing SLP.

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