Co-operative Bank Ltd. v. CIT

384 ITR 490High Court2016#91 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 367,154 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)

Sections most often in play

Section 80PSection 142(1)Section 139(1)Section 148Section 143(3)Section 147Section 80A(5)Section 139(4)

Issues it is cited on

section 80a(5)section 80acsection 80asection 139(4)section 80psection 80p(2)(a)section 80p(2)(a)(i)section 80p(2)section 139(1)section 80section 139section 142

Judgments citing Co-operative Bank Ltd. v. CIT

ACIT, Ncc-22, Chennai vs. M/S. Daee Co-Op. T&C Society, Kalpakkam

In the result, the appeal of the Revenue is dismissed

ITA 3047/CHNY/2019[2013-14]Status: DisposedITAT Chennai10 Nov 2020AY 2013-14

Bench: Shri Mahavir Singhand Shri G. Manjunathaआयकर अपील सं./Ita No.: 3047/Chny/2019 िनधा"रण वष" / Assessment Year: 2013-14 The Asst. Cit, M/S. Daee Coop T&C Society, Ncc-22, No.7, Ramakrishna V. First Floor, Main Shopping Street, West Tambaram, Centre, Dae Township, Chennai – 45. Kalpakkam – 603 102. Pan : Aaaad4689H (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Ms. R. Anitha,Jcit ""यथ" क" ओर से/Respondent By : Shri R. Kumar, Advocate सुनवाई क" तार"ख/Date Of Hearing : 10.11.2020 घोषणा क" तार"ख/Date Of Pronouncement : 10.11.2020

For Appellant: Ms. R. Anitha,JCITFor Respondent: Shri R. Kumar, Advocate
Section 139Section 139(1)Section 139(4)Section 147Section 148Section 80Section 80A(5)Section 80PSection 80P(2)(a)Section 80P(2)(d)

…deduction is claimed by filing return of 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…

The Mundoor Service Co-Op Bank Ltd, Thrissur vs. The ITO, Thrissur

ITA 269/COCH/2020[2017-18]Status: DisposedITAT Cochin07 Oct 2020AY 2017-18

Bench: Shri Chandra Poojari, Am & Shri George Mathan, Jm

For Appellant: Sri.M.Ramdas, CAFor Respondent: Sri.B.Sajjiv, Sr.DR
Section 143(3)Section 154Section 250Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(2)(d)Section 80P(4)

…o was allowed as deduction u/s 80P(2)(a)(i) of the I.T.Act. In allowing the appeals of the assessee, the CIT(A) followed the judgment of the Hon’ble jurisdictional High Court in the case of Chirakkal Service Co- operative Co-operative Bank Ltd. v. CIT [(2016) 384 ITR 490 (Ker.). 6. Subsequently, the CIT(A) issued notices u/s 154 of the I.T.Act proposing to rectify his orders passed, in view of the subsequent judgment of the Full Bench of the Hon’ble jurisdictional High Court in the case of The Mavilayi Service Co-operative Bank Ltd. v. CIT [ITA No.97/2016 order dated 19th March, 2019]. The assessee objected to t…

The Mundoor Service Co-Op Bank Ltd, Thrissur vs. The ITO, Thrissur

ITA 268/COCH/2020[2016-17]Status: DisposedITAT Cochin07 Oct 2020AY 2016-17

Bench: Shri Chandra Poojari, Am & Shri George Mathan, Jm

For Appellant: Sri.M.Ramdas, CAFor Respondent: Sri.B.Sajjiv, Sr.DR
Section 143(3)Section 154Section 250Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(2)(d)Section 80P(4)

…o was allowed as deduction u/s 80P(2)(a)(i) of the I.T.Act. In allowing the appeals of the assessee, the CIT(A) followed the judgment of the Hon’ble jurisdictional High Court in the case of Chirakkal Service Co- operative Co-operative Bank Ltd. v. CIT [(2016) 384 ITR 490 (Ker.). 6. Subsequently, the CIT(A) issued notices u/s 154 of the I.T.Act proposing to rectify his orders passed, in view of the subsequent judgment of the Full Bench of the Hon’ble jurisdictional High Court in the case of The Mavilayi Service Co-operative Bank Ltd. v. CIT [ITA No.97/2016 order dated 19th March, 2019]. The assessee objected to t…

The Mundoor Service Co-Op Bank Ltd, Thrissur vs. The ITO, Thrissur

ITA 267/COCH/2020[2014-15]Status: DisposedITAT Cochin07 Oct 2020AY 2014-15

Bench: Shri Chandra Poojari, Am & Shri George Mathan, Jm

For Appellant: Sri.M.Ramdas, CAFor Respondent: Sri.B.Sajjiv, Sr.DR
Section 143(3)Section 154Section 250Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(2)(d)Section 80P(4)

…o was allowed as deduction u/s 80P(2)(a)(i) of the I.T.Act. In allowing the appeals of the assessee, the CIT(A) followed the judgment of the Hon’ble jurisdictional High Court in the case of Chirakkal Service Co- operative Co-operative Bank Ltd. v. CIT [(2016) 384 ITR 490 (Ker.). 6. Subsequently, the CIT(A) issued notices u/s 154 of the I.T.Act proposing to rectify his orders passed, in view of the subsequent judgment of the Full Bench of the Hon’ble jurisdictional High Court in the case of The Mavilayi Service Co-operative Bank Ltd. v. CIT [ITA No.97/2016 order dated 19th March, 2019]. The assessee objected to t…

The Mundoor Service Co-Op Bank Ltd, Thrissur vs. The ITO, Thrissur

ITA 266/COCH/2020[2012-13]Status: DisposedITAT Cochin07 Oct 2020AY 2012-13

Bench: Shri Chandra Poojari, Am & Shri George Mathan, Jm

For Appellant: Sri.M.Ramdas, CAFor Respondent: Sri.B.Sajjiv, Sr.DR
Section 143(3)Section 154Section 250Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(2)(d)Section 80P(4)

…o was allowed as deduction u/s 80P(2)(a)(i) of the I.T.Act. In allowing the appeals of the assessee, the CIT(A) followed the judgment of the Hon’ble jurisdictional High Court in the case of Chirakkal Service Co- operative Co-operative Bank Ltd. v. CIT [(2016) 384 ITR 490 (Ker.). 6. Subsequently, the CIT(A) issued notices u/s 154 of the I.T.Act proposing to rectify his orders passed, in view of the subsequent judgment of the Full Bench of the Hon’ble jurisdictional High Court in the case of The Mavilayi Service Co-operative Bank Ltd. v. CIT [ITA No.97/2016 order dated 19th March, 2019]. The assessee objected to t…

The Mundoor Service Co-Op Bank Ltd, Thrissur vs. The ITO, Thrissur

ITA 265/COCH/2020[2009-10]Status: DisposedITAT Cochin07 Oct 2020AY 2009-10

Bench: Shri Chandra Poojari, Am & Shri George Mathan, Jm

For Appellant: Sri.M.Ramdas, CAFor Respondent: Sri.B.Sajjiv, Sr.DR
Section 143(3)Section 154Section 250Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(2)(d)Section 80P(4)

…o was allowed as deduction u/s 80P(2)(a)(i) of the I.T.Act. In allowing the appeals of the assessee, the CIT(A) followed the judgment of the Hon’ble jurisdictional High Court in the case of Chirakkal Service Co- operative Co-operative Bank Ltd. v. CIT [(2016) 384 ITR 490 (Ker.). 6. Subsequently, the CIT(A) issued notices u/s 154 of the I.T.Act proposing to rectify his orders passed, in view of the subsequent judgment of the Full Bench of the Hon’ble jurisdictional High Court in the case of The Mavilayi Service Co-operative Bank Ltd. v. CIT [ITA No.97/2016 order dated 19th March, 2019]. The assessee objected to t…

The ITO, Tirur vs. M/S.Perinthalmanna Service Co-Op Bank Ltd, Malappuram

In the result, the appeals filed by the Revenue and cross objections filed by the assessee are dismissed

ITA 262/COCH/2020[2012-13]Status: DisposedITAT Cochin06 Oct 2020AY 2012-13

Bench: Shri Chandra Poojari, Am & Shri George Mathan, Jm

For Appellant: Sri.Shaji Poulose, CAFor Respondent: Sri.B.Sajjiv, Sr.DR
Section 153(5)

…ently the order of the CIT(A) is liable to be reversed. In the Affidavit, no reason for the delay is mentioned other than stating that the decision of the Hon’ble Jurisdictional High Court in the case of Chirakkal Service Co-operative Bank Ltd. v. CIT [(2016) 384 ITR 490 (Ker.)] was not good law and the decision in the case of Perinthalmanna Service Co-operative Bank Ltd. reported in 363 ITR 268 was the correct proposition in law. On behalf of the assessee, there is vehement objection in respect of the condonation of the delay. 4. We have considered the rival submissions. Admittedly, the order of the CIT(A) is o…

The ITO, Tirur vs. M/S.Perinthalmanna Service Co-Op Bank Ltd, Malappuram

In the result, the appeals filed by the Revenue and cross objections filed by the assessee are dismissed

ITA 261/COCH/2020[2011-12]Status: DisposedITAT Cochin06 Oct 2020AY 2011-12

Bench: Shri Chandra Poojari, Am & Shri George Mathan, Jm

For Appellant: Sri.Shaji Poulose, CAFor Respondent: Sri.B.Sajjiv, Sr.DR
Section 153(5)

…ently the order of the CIT(A) is liable to be reversed. In the Affidavit, no reason for the delay is mentioned other than stating that the decision of the Hon’ble Jurisdictional High Court in the case of Chirakkal Service Co-operative Bank Ltd. v. CIT [(2016) 384 ITR 490 (Ker.)] was not good law and the decision in the case of Perinthalmanna Service Co-operative Bank Ltd. reported in 363 ITR 268 was the correct proposition in law. On behalf of the assessee, there is vehement objection in respect of the condonation of the delay. 4. We have considered the rival submissions. Admittedly, the order of the CIT(A) is o…

The ITO, Tirur vs. M/S.Perinthalmanna Service Co-Op Bank Ltd, Malappuram

In the result, the appeals filed by the Revenue and cross objections filed by the assessee are dismissed

ITA 260/COCH/2020[2010-11]Status: DisposedITAT Cochin06 Oct 2020AY 2010-11

Bench: Shri Chandra Poojari, Am & Shri George Mathan, Jm

For Appellant: Sri.Shaji Poulose, CAFor Respondent: Sri.B.Sajjiv, Sr.DR
Section 153(5)

…ently the order of the CIT(A) is liable to be reversed. In the Affidavit, no reason for the delay is mentioned other than stating that the decision of the Hon’ble Jurisdictional High Court in the case of Chirakkal Service Co-operative Bank Ltd. v. CIT [(2016) 384 ITR 490 (Ker.)] was not good law and the decision in the case of Perinthalmanna Service Co-operative Bank Ltd. reported in 363 ITR 268 was the correct proposition in law. On behalf of the assessee, there is vehement objection in respect of the condonation of the delay. 4. We have considered the rival submissions. Admittedly, the order of the CIT(A) is o…

The ITO, Tirur vs. M/S.Perinthalmanna Service Co-Op Bank Ltd, Malappuram

In the result, the appeals filed by the Revenue and cross objections filed by the assessee are dismissed

ITA 259/COCH/2020[2009-10]Status: DisposedITAT Cochin06 Oct 2020AY 2009-10

Bench: Shri Chandra Poojari, Am & Shri George Mathan, Jm

For Appellant: Sri.Shaji Poulose, CAFor Respondent: Sri.B.Sajjiv, Sr.DR
Section 153(5)

…ently the order of the CIT(A) is liable to be reversed. In the Affidavit, no reason for the delay is mentioned other than stating that the decision of the Hon’ble Jurisdictional High Court in the case of Chirakkal Service Co-operative Bank Ltd. v. CIT [(2016) 384 ITR 490 (Ker.)] was not good law and the decision in the case of Perinthalmanna Service Co-operative Bank Ltd. reported in 363 ITR 268 was the correct proposition in law. On behalf of the assessee, there is vehement objection in respect of the condonation of the delay. 4. We have considered the rival submissions. Admittedly, the order of the CIT(A) is o…

M/S.Kodur Service Co-Op Bank Ltd, Kodur, Malappuram vs. The ITO, Tirur

ITA 167/COCH/2020[2014-15]Status: DisposedITAT Cochin06 Oct 2020AY 2014-15

Bench: Shri Chandra Poojari, Am & Shri George Mathan, Jm

For Appellant: Sri. O.D.Sivadas, AdvocateFor Respondent: Sri.B.Sajjive, Sr.DR
Section 143(3)Section 154Section 2(1)Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(4)

…o was allowed as deduction u/s 80P(2)(a)(i) of the I.T.Act. In allowing the appeals of the assessee, the CIT(A) followed the judgment of the Hon’ble jurisdictional High Court in the case of Chirakkal Service Co- operative Co-operative Bank Ltd. v. CIT [(2016) 384 ITR 490 (Ker.). ITA No.165-167/Coch/2020. 3 SA No.138-140/Coch/2020. M/s.Kodur Service Co-op Bank Ltd 5. Subsequently, the CIT(A) issued notices u/s 154 of the I.T.Act proposing to rectify his orders passed, in view of the subsequent judgment of the Full Bench of the Hon’ble jurisdictional High Court in the case of The Mavilayi Service Co-operative Ban…

M/S.Kodur Service Co-Op Bank Ltd, Kodur, Malappuram vs. The ITO, Tirur

ITA 166/COCH/2020[2009-10]Status: DisposedITAT Cochin06 Oct 2020AY 2009-10

Bench: Shri Chandra Poojari, Am & Shri George Mathan, Jm

For Appellant: Sri. O.D.Sivadas, AdvocateFor Respondent: Sri.B.Sajjive, Sr.DR
Section 143(3)Section 154Section 2(1)Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(4)

…o was allowed as deduction u/s 80P(2)(a)(i) of the I.T.Act. In allowing the appeals of the assessee, the CIT(A) followed the judgment of the Hon’ble jurisdictional High Court in the case of Chirakkal Service Co- operative Co-operative Bank Ltd. v. CIT [(2016) 384 ITR 490 (Ker.). ITA No.165-167/Coch/2020. 3 SA No.138-140/Coch/2020. M/s.Kodur Service Co-op Bank Ltd 5. Subsequently, the CIT(A) issued notices u/s 154 of the I.T.Act proposing to rectify his orders passed, in view of the subsequent judgment of the Full Bench of the Hon’ble jurisdictional High Court in the case of The Mavilayi Service Co-operative Ban…

M/S.Kodur Service Co-Op Bank Ltd, Kodur, Malappuram vs. The ITO, Tirur

ITA 165/COCH/2020[2008-09]Status: DisposedITAT Cochin06 Oct 2020AY 2008-09

Bench: Shri Chandra Poojari, Am & Shri George Mathan, Jm

For Appellant: Sri. O.D.Sivadas, AdvocateFor Respondent: Sri.B.Sajjive, Sr.DR
Section 143(3)Section 154Section 2(1)Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(4)

…o was allowed as deduction u/s 80P(2)(a)(i) of the I.T.Act. In allowing the appeals of the assessee, the CIT(A) followed the judgment of the Hon’ble jurisdictional High Court in the case of Chirakkal Service Co- operative Co-operative Bank Ltd. v. CIT [(2016) 384 ITR 490 (Ker.). ITA No.165-167/Coch/2020. 3 SA No.138-140/Coch/2020. M/s.Kodur Service Co-op Bank Ltd 5. Subsequently, the CIT(A) issued notices u/s 154 of the I.T.Act proposing to rectify his orders passed, in view of the subsequent judgment of the Full Bench of the Hon’ble jurisdictional High Court in the case of The Mavilayi Service Co-operative Ban…

Enadimangalam Service Co-Op Bank Ltd, Pathanamthitta vs. The ITO, Kollam

ITA 149/COCH/2020[2015-16]Status: DisposedITAT Cochin06 Oct 2020AY 2015-16

Bench: Shri Chandra Poojari, Am & Shri George Mathan, Jm

For Appellant: Sri.O.D.Sivadas, AdvocateFor Respondent: Sri.B.Sajjive, Sr.DR
Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(4)

…gly supported the order passed by the Income Tax Authorities. 8. We have heard the rival submissions and perused the material on record. The Hon’ble jurisdictional High Court in the case of Chirakkal Service Co-operative Co-operative Bank Ltd. v. CIT [(2016) 384 ITR 490 (Ker.)] had held that when a certificate has been issued to an assessee by the…

Ollukkara Service Co-Op Bank Ltd, Thrissur vs. The ITO, WD-2, (3), Thrissur

ITA 78/COCH/2020[2009-10]Status: DisposedITAT Cochin05 Oct 2020AY 2009-10

Bench: Shri Chandra Poojari, Am & Shri George Mathan, Jm

For Appellant: Shri Jojo C.A., AdvFor Respondent: Shri Shantam Bose, CIT(DR)
Section 154Section 80PSection 80P(4)

…so was allowed as deduction u/s 80P(2)(a)(i) of the I.T.Act. In allowing the appeal of the assessee, the CIT(A) followed the judgment of the Hon’ble jurisdictional High Court in the case of Chirakkal Service Co- operative Co-operative Bank Ltd. v. CIT [(2016) 384 ITR 490 (Ker.). 6. Subsequently, the CIT(A) issued notice u/s 154 of the I.T.Act proposing to rectify his order passed, in view of the subsequent judgment of the Full Bench of the Hon’ble 5 M/s.The Ollukkara SCB Ltd. jurisdictional High Court in the case of The Mavilayi Service Co-operative Bank Ltd. v. CIT [ITA No.97/2016 order dated 19th March, 2019]…

M/S.Pookkottur Service Co-Op Bank Ltd, Malappuram vs. The ITO, Tirur

ITA 300/COCH/2020[2014-15]Status: DisposedITAT Cochin05 Oct 2020AY 2014-15

Bench: Shri Chandra Poojari, Am & Shri George Mathan, Jm

For Appellant: Sri. Anil D. Nair, AdvFor Respondent: Sri. Shantam Bose, CIT(DR)
Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(4)Section 8O

…ly supported the orders passed by the Income Tax Authorities. 7. We have heard the rival submissions and perused the material on record. The Hon’ble jurisdictional High Court in the case of Chirakkal Service Co-operative Co-operative Bank Ltd. v. CIT [(2016) 384 ITR 490 (Ker.)] had held that when a certificate has been issued to an assessee by the…

The Pookkottur Service Co-Op Bank Ltd, Malappuram vs. The ITO, Tirur

ITA 299/COCH/2020[2013-14]Status: DisposedITAT Cochin05 Oct 2020AY 2013-14

Bench: Shri Chandra Poojari, Am & Shri George Mathan, Jm

For Appellant: Sri. Anil D. Nair, AdvFor Respondent: Sri. Shantam Bose, CIT(DR)
Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(4)Section 8O

…ly supported the orders passed by the Income Tax Authorities. 7. We have heard the rival submissions and perused the material on record. The Hon’ble jurisdictional High Court in the case of Chirakkal Service Co-operative Co-operative Bank Ltd. v. CIT [(2016) 384 ITR 490 (Ker.)] had held that when a certificate has been issued to an assessee by the…

M/S.Wandooor Service Co-Op Bank Ltd, Malappuram vs. The ITO, Tirur

ITA 296/COCH/2020[2014-15]Status: DisposedITAT Cochin05 Oct 2020AY 2014-15

Bench: Shri Chandra Poojari, Am & Shri George Mathan, Jm

For Appellant: Sri. Anil D. Nair, AdvFor Respondent: Sri. Shantam Bose, CIT(DR)
Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(4)Section 8O

…ly supported the orders passed by the Income Tax Authorities. 7. We have heard the rival submissions and perused the material on record. The Hon’ble jurisdictional High Court in the case of Chirakkal Service Co-operative Co-operative Bank Ltd. v. CIT [(2016) 384 ITR 490 (Ker.)] had held that when a certificate has been issued to an assessee by the…

M/S.Porur Service Co-Op Society Ltd, Malappuram vs. The ITO, Tirur

ITA 295/COCH/2020[2014-15]Status: DisposedITAT Cochin05 Oct 2020AY 2014-15

Bench: Shri Chandra Poojari, Am & Shri George Mathan, Jm

For Appellant: Sri. Anil D. Nair, AdvFor Respondent: Sri. Shantam Bose, CIT(DR)
Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(4)Section 8O

…ly supported the orders passed by the Income Tax Authorities. 7. We have heard the rival submissions and perused the material on record. The Hon’ble jurisdictional High Court in the case of Chirakkal Service Co-operative Co-operative Bank Ltd. v. CIT [(2016) 384 ITR 490 (Ker.)] had held that when a certificate has been issued to an assessee by the…

M/S. Porur Service Co-Op Society Ltd, Malappuram vs. The ITO, Tirur

ITA 294/COCH/2020[2009-10]Status: DisposedITAT Cochin05 Oct 2020AY 2009-10

Bench: Shri Chandra Poojari, Am & Shri George Mathan, Jm

For Appellant: Sri. Anil D. Nair, AdvFor Respondent: Sri. Shantam Bose, CIT(DR)
Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(4)Section 8O

…ly supported the orders passed by the Income Tax Authorities. 7. We have heard the rival submissions and perused the material on record. The Hon’ble jurisdictional High Court in the case of Chirakkal Service Co-operative Co-operative Bank Ltd. v. CIT [(2016) 384 ITR 490 (Ker.)] had held that when a certificate has been issued to an assessee by the…