CIDCO EMPLOYEES CO-OP. CREDIT SOCIETY LTD,NAVI MUMBAI vs. WARD 28(1)(3), NAVI MUMBAI
What did the Tribunal hold?
The Tribunal held that the assessee society does not fall under the definition of a co-operative bank or primary co-operative bank as its principal business is not banking and its membership is restricted. Therefore, it is eligible for deduction under Section 80P.
What were the facts?
The assessee, a co-operative credit society providing credit facilities to its members, claimed deduction under Section 80P. The Assessing Officer disallowed this deduction, considering the society a primary co-operative bank hit by Section 80P(4). The CIT(A) upheld this decision.
What were the issues?
Whether the assessee co-operative credit society is a co-operative bank within the meaning of Section 80P(4) and thus disentitled to deduction under Section 80P.
Which sections of the Income-tax Act were involved?
Section 80P,Section 80P(4),Section 80P(2)(a)(i),Section 80P(2)(d)
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Cases cited in this judgment(6)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Totgars Co-operative Sale Society Ltd. v. ITO1,283 citing322 ITR 283 · 2010 · SC
- Mavilayi Service Co-operative Bank Ltd. v. CIT999 citing7 SCC 90 · 2021
- Pr. Commissioner of Income Tax and Anr. v. Totagars Cooperative Sale Society762 citing392 ITR 74 · 2017 · HC
- Citizen Co-operative Society Ltd. v. ACIT499 citing9 SCC 364 · 2017
- 396 ITR 714 citing396 ITR 71 · 2017 · HC
- 4 citing
Income Tax Appellate Tribunal, ‘C’ BENCH
Before: SHRI GAGAN GOYAL & SHRI SUNIL KUMAR SINGH
Heard together (3 matters)
Read from the judgment's own cause title. This page is filed under one of them.
PER SUNIL KUMAR SINGH (J.M): The facts in all the three appeals are similar and issues arising are identical. The decision on facts and law for one appeal for any assessment year would answer the issue involved in the other two years. Therefore, all the three appeals are being decided by the common order for the sake of brevity. The facts only in ITA no. 697/MUM/2024 are being narrated as under:
This appeal has been preferred against the impugned order dated 18.12.2023 passed in Appeal no. CIT(A), Mu
The order continues below.
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More judgments on Section 80P
- Shree Bandharda Seva Sahkari Mandli Ltd… vs Income Tax Officer Ward -4, JunagadhITA 881/RJT/2025[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Duddukuru Primary Agricultural Cooperative… vs ITO, Ward - 1, TadepalligudemITA 258/VIZ/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Parthasaradhi Mutually Aided Co-Operative… vs Income-Tax Officer, Ward-17(1), HyderabadITA 2322/HYD/2026[AY 2016-17]Status: Disposed16 Oct 2026
- Jijamata Mahila Gramin Bigar Sheti Sahakari… vs ITO Ward -1, BhandraITA 102/NAG/2026[2020-21]Status: Disposed12 Oct 2026AY 2020-21
- Shri Na vs Ari Khedut Sahkari Society Ltd…ITA 362/SRT/2025[2016-17]Status: Disposed9 Oct 2026AY 2016-17
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