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2022 (5) TMI 1564

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..... er And Sh. Narender Kumar Choudry, Judicial Member For the Appellant : Sh. P. S. Kashyap, CA. For the Respondent : Sh. T. Kipgen, CIT DR. ORDER PER PRADIP KUMAR KEDIA AM : The captioned appeal has been filed at the instance of the assessee against the order of the Commissioner of Income Tax (Appeals), Aligarh ( CIT(A) in short), dated 17.04.2018 concerning AY 2014-15. 2. We shall first take up revenue s appeal for adjudication. 3. The grounds of appeal raised by the revenue reads as under :- 1. That the Learned CIT(A) has erred in law and facts in allowing exemption to the assessee in respect of dividend income of Rs. 1,75,84,390/- received from other cooperative societies. 2. That the appellate d .....

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..... ith regard to the dividend received from IFFCO Ltd and UP State Cooperative Bank) mainly on the ground that DDT has not been made on such dividend. This issue has already been decided by me while dealing with ground No. 2 of the appeal for A.Y. 2013-14 (Appeal No. 06/2016-17/GZB/Aligarh) as under:- This ground pertains to the issue of exemption claimed in respect of the dividend received from IFFCO. The issue has already been decided in the appellant s own case for an earlier assessment year by Ld. CIT (A), Ghaziabad. In the appeal for A.Y 2012-13, Ld. CIT (A) Ghaziabad decided the issue as under The appellant has received dividend from IFFCO and U.P. Cooperative Bank Ltd. which are cooperative society. As far as IFFCO is conce .....

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..... operative Society in terms of order of the competent authority as placed at page No.3 and 4 of the paper book. It is further the case of the assessee that the assessee society has received dividend amounting to Rs.1,75,84,390/- from other cooperative societies such as IFFCO and UP State Cooperative Bank. This being so, the dividend received from cooperative societies are expressly exempt u/s. 80P(2) (d) of the Act. Reliance was placed on the decision of the Coordinate Benches in its own case concerning assessment year 2010-11 in ITA No.2746/Del/2015 dated 31.07.2018 and A.Y.2012-13 in ITA No.3913/Del/2016 dated 18.09.2018. 6. Having regard to the view expressed by the coordinate bench in the identical fact situation and having regard to .....

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