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TMI Blog2014 (11) TMI 1286X X X X Extracts X X X X X X X X Extracts X X X X ..... operative Cane Development Union Ltd. [ 1979 (2) TMI 91 - ALLAHABAD HIGH COURT] and also the judgment of Krishak Sahkari Ganna Samiti Ltd. and decided the issue in favour of the assessee. We decline to interfere in the order of CIT(A) in both the cases. - Hon'ble Judges Sunil Kumar Yadav, Member (J) and A.K. Garodia, Member (A) For the Appellant : Alok Mitra, D.R. For the Respondents : Shubham Rastogi, C.A. ORDER A.K. Garodia, Member (A) 1. Both these appeals are filed by the Revenue in two different cases. I.T.A. No. 737/Lkw/2013 is in respect of Zila Ganna Utpadak Sahkari Samiti Ltd. for assessment year 2010-11, which is directed against the order of learned CIT(A), Bareilly dated 07/08/2013 and I.T.A. No. 738/Lkw/2013 is in respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e order of learned Commissioner of Income Tax (Appeals) may be cancelled and the order of the Assessing Officer may be restored. 3. The grounds raised by the Revenue in I.T.A. No. 738/Lkw/2013 are as under: 1. That the learned Commissioner of Income-tax (Appeals) is not justified in deleting the addition of Rs. 37,33,330/- placing reliance of the judgments of the Hon'ble ITAT Lucknow in Appeal No. 124/LUK/07, 125/LUK/07, 127/LUK/07 as the Hon'ble Supreme Court in the case of Totgars Cooperative Sale Society Limited 322-ITR-283 (SC) 2010 has held that the addition was made as interest from Post Office and Nationalized Bank (other than Cooperative Bank) and the assessee failed to prove with supporting documentary evidence that interes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e also, the issue in dispute was regarding allowability of deduction u/s. 80P in respect of interest earned from State Bank of India, Punjab National Bank and Oriental Bank of Commerce along with interest received on FDR and from post office. In this case, the Tribunal has followed the judgments of Hon'ble Allahabad High Court in the case of Commissioner of Income-tax v. Co-operative Cane Development Union Ltd. [1079]118 ITR 770 (All) and also the judgment of Hon'ble Allahabad High Court rendered in the case of Commissioner of Income-tax v. Krishak Sahkari Ganna Samiti Ltd. [2002] 258 ITR 594 (All) and decided the issue in favour of the assessee. Respectfully following this Tribunal decision and these two judgments of Hon'ble Al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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