Co-operative Bank Ltd. v. CIT

384 ITR 490High Court2016#90 most cited

What is Co-operative Bank Ltd. v. CIT authority for?

Co-operative banks are not fundamentally different from co-operative societies, entitling them to claim deductions under Section 80P of the Income Tax Act, 1961, including for interest income treated as business income.

631

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2026.

Also referred to as

Co-operative Bank Ltd. v. CIT · Chirakkal Service Co-operative Bank Ltd. · Mavilayi Service Co-operative Bank Ltd. · 384 ITR 490 · Section 80P deduction · co-operative bank · co-operative society · interest income · business income · Section 80A(5) · Section 80P(2)(a)(i)

Issues it is cited on

Judgments citing Co-operative Bank Ltd. v. CIT

CHILLAKURU PRIMARY AGRICULTURAL COOPERATIVE SOCIETY LIMITED NO V 529,PELLAKUR vs. INCOME TAX OFFICER, WARD-1, GUDUR

In the result, appeal of the Assessee is dismissed

ITA 1522/HYD/2025[2018-19]Status: HeardITAT Hyderabad10 Apr 2026AY 2018-19

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita.No.1522/Hyd/2025 Assessment Year 2018-2019 Chillakuru Primary The Income Tax Officer, Agricultural Ward-1, Gudur. Cooperative Society Vs. Pin – 524 101. Limited No.529, State Of Andhra Pellakur. Pradesh. Pin – 524 129. Tirupati. Pan Aabac1880A (Appellant) (Respondent) -None- िनधा"रती "ारा/Assessee By : राज" व "ारा/Revenue By : Sri Karthik Manickam, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 07.04.2026 घोषणा की तारीख/Pronouncement: 10.04.2026 आदेश/Order Per Vijay Pal Rao:

For Respondent: Sri Karthik Manickam, Sr. AR
Section 119(2)(b)Section 139(1)Section 139(4)Section 148Section 80ASection 80P

…ction u/s 80P. That the return filed in response to notice u/s 148 is deemed to be a return u/s 139(4), and therefore all lawful claims including deduction u/s 80P are maintainable therein. Reliance is placed on Chirakkal Service Co-operative Bank Ltd, v CIT (384 ITR 490, Kerala HC), Muvattupuzha Agricultural Co-op Bank Ltd. v. ITO (Ker HC, WP 17739/2024), and similar judicial precedents. 4 ITA.No.1522/Hyd./2025 4. CBDT Circular and Delay due to Audit under State Law 4. That the Learned CIT(A) failed to appreciate that the delay in filing return was solely due to delay in statutory audit under the Andhra Pradesh…

HOSDURG SERVICE CO-OPERATIVE BANK LTD NO C 1068,KANHANGAD vs. INCOME TAX OFFICER, KASARAGOD, KASARAGOD

In the result, the appeal filed by the assessee stands allowed

ITA 665/COCH/2025[2014-15]Status: DisposedITAT Cochin30 Oct 2025AY 2014-15

Bench: Shri Inturi Rama Rao, Am & Shri Anikesh Banerjee, Jm Assessment Year: 2014-15 Hosdurg Service Co-Op. Bank Ltd. .......... Appellant Kanhangad, Hosdurg, Kasaragod 671315 [Pan: Aaaah0337C] Vs. The Income Tax Officer, Wd-2, Kasaragod ......... Respondent Assessee By: Shri Suresh Kumar Varma, Ca Revenue By: Shri Sanjit Kumar Das, Cit-Dr Date Of Hearing: 28.10.2025 Date Of Pronouncement: 30.10.2025 O R D E R Per: Inturi Rama Rao, Am This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi (Nfac) Dated 02.09.2025 For Assessment Year (Ay) 2014-15. 2. Brief Facts Of The Case Are That The Appellant Is Co-Operative Society Registered Under The Kerala State Co-Operative Societies Act, 1969. It Is Classified As A Primary Agricultural Credit Co-Operative Society. The Return Of Income For Ay 2014-15 Was Filed On 22.11.2014 Disclosing Income Of Rs. 7,800/- After Claiming

For Appellant: Shri Suresh Kumar Varma, CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 80P(2)(a)

…-. While doing so, the AO had denied deduction by holding that the appellant society is a co-operative bank and also declined to follow the judgement of the Hon'ble Jurisdictional High Court in the case of Chirakkal Service Co-operative Bank Ltd. v. CIT[2016] 384 ITR 490 (Ker). 3. Being aggrieved, an appeal was filed before the CIT(A), who vide the impugned order confirmed the action of the AO by holding that the decision of the Hon'ble Supreme Court in the case of Mavilayi Service Co-operative Bank Ltd. v. CIT [2021] 431 ITR 1 (SC) is applicable only in respect of co-operative societies engaged in the business…

SRI KSHEERA RAMALINGESWARA SWAMY TEMPLE,PALAKOL vs. INCOME TAX OFFICER (EXEMPTIONS), RAJAHMUNDRY

ITA 199/VIZ/2023[2017-18]Status: DisposedITAT Visakhapatnam30 Sept 2025AY 2017-18

Bench: Shri Ravish Sood & Shri Balakrishnan S.आ.अपी.सं /Ita No.199/Viz/2023 (िनधा"रण वष"/Assessment Year: 2017-18) Sri Ksheera Ramalingeswara Vs. Income Tax Officer Swamy Temple, (Exemptions), Palakol. Rajahmundry. Pan: Aakas5615E (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Sri Gvn Hari, Advocate राज" व "ारा/Revenue By: Dr. Aparna Villuri, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 24/09/2025 घोषणा की तारीख/Date Of 30/09/2025 Pronouncement: आदेश / Order Per. Ravish Sood, Jm : The Present Appeal Filed By The Assessee Society Is Directed Against The Order Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Center (Nfac), Delhi, Dated 15/05/2023, Which In Turn Arises From The Order Passed By The Assessing Officer Under Section 144 Of The Income Tax Act, 1961 (For Short, “Act”), Dated 28/12/2019 For A.Y. 2017-18. 2 I Sri Ksheera Ramalingeswara Swamy Temple Vs. Ito (Exemptions)

For Appellant: Sri GVN Hari, AdvocateFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 10Section 11Section 12ASection 142(1)Section 143(2)Section 144

…filed in response to the notice u/s. 148 of the Act. Also, we find that our aforesaid view is fortified by the judgment of the Hon'ble High Court of Kerala in the case of The Chirakkal Service Co-operative Bank Ltd. Vs. The Commissioner of Income Tax, (2016) 384 ITR 490 (Ker). The indulgence of the Hon'ble High Court was, inter alia, sought for adjudicating the following substantial question of law. “Whether the return filed by the assessee beyond the period stipulated u/s 139(1)/139(4) or Section 142(1)/148 can be held as non-est in the eyes of law and has invalidated for the purpose of deciding exemption u/s 8…

NARASEEPURAM PACCS,COIMBATORE vs. NON CORP WARD 4(1), CBE, COIMBATORE

In the result, both the appeals filed by the assessee are allowed

ITA 1697/CHNY/2025[2020-21]Status: DisposedITAT Chennai09 Sept 2025AY 2020-21

Bench: Shri George George Kआयकर अपील सं./Ita Nos.: 1696 & 1697/Chny/2025 िनधा"रण वष"/Assessment Years: 2017-18 & 2020-21 M/S. Naraseepuram Paccs, The Income Tax Officer, Poondi Road, Narasipuram B.O, Vs. Non-Corporate Ward 4(1), Narasipuram, Coimbatore Coimbatore – 641 109. Pan: Aaaan 9388H (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Sudhakar, Advocate ""यथ" क" ओर से/Respondent By : Shri Y. Sudarshan, Jcit सुनवाई क" तारीख/Date Of Hearing : 09.09.2025 घोषणा क" तारीख/Date Of Pronouncement : 09.09.2025 आदेश/ O R D E R These Appeals Filed By The Assessee Are Directed Against Two Orders Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Both Dated 26.05.2025 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Years Are 2017-18 & 2020-21. 2. The Solitary Issue Raised Is Whether The First Appellate Authority (Faa) Is Justified In Confirming The Ao’S Action In Denying The Claim Of Deduction U/S.80P Of The Act.

For Appellant: Shri Sudhakar, AdvocateFor Respondent: Shri Y. Sudarshan, JCIT
Section 143(3)Section 250Section 80PSection 80P(2)(d)

…of ITA Nos.1696 & 1697/Chny/2025 :- 6 -: income within the prescribed time allowed u/s.139(1) or 139(4) of the Act. This view is fortified by the decision of the Hon’ble Kerala High Court in the case of Chirakkal Service Co-operative Bank Ltd., vs. CIT (2016) 384 ITR 490 (Ker), where the Hon’ble Kerala High Court held that “a return filed by the assessee beyond the period stipulated u/s.139(1) or 139(4) or 142(1) or 148 of the Act can also be accepted and acted upon provided further proceedings in relation to such assessments are pending in the statutory hierarchy of adjudication in terms of the provisions of the…

NARASEEPURAM PACCS,COIMBATORE vs. NON CORP WARD 4(1), CBE, COIMBATORE

In the result, both the appeals filed by the assessee are allowed

ITA 1696/CHNY/2025[2017-18]Status: DisposedITAT Chennai09 Sept 2025AY 2017-18

Bench: Shri George George Kआयकर अपील सं./Ita Nos.: 1696 & 1697/Chny/2025 िनधा"रण वष"/Assessment Years: 2017-18 & 2020-21 M/S. Naraseepuram Paccs, The Income Tax Officer, Poondi Road, Narasipuram B.O, Vs. Non-Corporate Ward 4(1), Narasipuram, Coimbatore Coimbatore – 641 109. Pan: Aaaan 9388H (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Sudhakar, Advocate ""यथ" क" ओर से/Respondent By : Shri Y. Sudarshan, Jcit सुनवाई क" तारीख/Date Of Hearing : 09.09.2025 घोषणा क" तारीख/Date Of Pronouncement : 09.09.2025 आदेश/ O R D E R These Appeals Filed By The Assessee Are Directed Against Two Orders Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Both Dated 26.05.2025 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Years Are 2017-18 & 2020-21. 2. The Solitary Issue Raised Is Whether The First Appellate Authority (Faa) Is Justified In Confirming The Ao’S Action In Denying The Claim Of Deduction U/S.80P Of The Act.

For Appellant: Shri Sudhakar, AdvocateFor Respondent: Shri Y. Sudarshan, JCIT
Section 143(3)Section 250Section 80PSection 80P(2)(d)

…of ITA Nos.1696 & 1697/Chny/2025 :- 6 -: income within the prescribed time allowed u/s.139(1) or 139(4) of the Act. This view is fortified by the decision of the Hon’ble Kerala High Court in the case of Chirakkal Service Co-operative Bank Ltd., vs. CIT (2016) 384 ITR 490 (Ker), where the Hon’ble Kerala High Court held that “a return filed by the assessee beyond the period stipulated u/s.139(1) or 139(4) or 142(1) or 148 of the Act can also be accepted and acted upon provided further proceedings in relation to such assessments are pending in the statutory hierarchy of adjudication in terms of the provisions of the…

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Co-operative Bank Ltd. v. CIT (384 ITR 490) — Cited in 631 Judgments | BharatTax