Kannur District Cooperative Bank v. CIT

365 ITR 343High Court2014#6073 most cited

What is Kannur District Cooperative Bank v. CIT authority for?

Cooperative banks are eligible to claim deduction under both limbs of Section 36(1)(viia) for all types of loans and advances extended by their rural branches.

19

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2021 to 2025.

Also referred to as

Kannur District Cooperative Bank v CIT · section 36(1)(viia) · cooperative bank · rural advances · bad and doubtful debt · deduction · loans and advances · provision for bad debts

Sections most often in play

Section 145Section 36(1)(viia)Section 37(1)Section 145(1)Section 18Section 36(1)(vii)Section 143(3)Section 22(1)

Issues it is cited on

section 36(1)(via)section 145(1)section 22(1)section 36(1)(viia)right to receivesection 18interest on securitiessection 36(1)(vii)section 22mercantile system of accountingcommercial expediencysection 36(1)

Judgments citing Kannur District Cooperative Bank v. CIT

ACIT Circle 1 (1)&Tps, Mangaluru vs. M/S the South Canara District Central Co-Operative Bank Limited., Mangaluru

In the result, the appeal of the revenue is hereby dismissed

ITA 2333/BANG/2024[2018-19]Status: DisposedITAT Bangalore04 Mar 2025AY 2018-19

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Smt. Sheetal Borkar – AdvocateFor Respondent: Ms. Nandini Das, CIT (DR)
Section 145Section 22(1)

…imb section 36(1)(viia) is also applicable for all types of advances made by rural branches. The assessee to buttress its argument relied on the decision of Hon’ble Kerala High Court in the case of Kannur District Co-operative Bank Limited vs. CIT reported in 365 ITR 343. 40. The Learned CIT(A) after considering the facts in totality deleted the additions made by the AO by holding that the assessee is eligible to claim deduction under both limbs of provision of section 36(1)(viia) of the Act which allowed deduction on all types of loans & advances extended by the bank. 41. Being aggrieved by order of the learned…

ACIT Circle 1(1) & Tps, Mangaluru vs. M/S the South Canara District Central Co-Operative Bank Limited, Mangaluru

In the result, the appeal of the revenue is hereby dismissed

ITA 2332/BANG/2024[2017-18]Status: DisposedITAT Bangalore04 Mar 2025AY 2017-18

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Smt. Sheetal Borkar – AdvocateFor Respondent: Ms. Nandini Das, CIT (DR)
Section 145Section 22(1)

…imb section 36(1)(viia) is also applicable for all types of advances made by rural branches. The assessee to buttress its argument relied on the decision of Hon’ble Kerala High Court in the case of Kannur District Co-operative Bank Limited vs. CIT reported in 365 ITR 343. 40. The Learned CIT(A) after considering the facts in totality deleted the additions made by the AO by holding that the assessee is eligible to claim deduction under both limbs of provision of section 36(1)(viia) of the Act which allowed deduction on all types of loans & advances extended by the bank. 41. Being aggrieved by order of the learned…

ACIT Circle1(1)& Tps, Mangaluru vs. M/S South Kanara District Central Co-Operative Bank Ltd, Mangaluru

In the result, the appeal of the revenue is hereby dismissed

ITA 2331/BANG/2024[2016-17]Status: DisposedITAT Bangalore04 Mar 2025AY 2016-17

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Smt. Sheetal Borkar – AdvocateFor Respondent: Ms. Nandini Das, CIT (DR)
Section 145Section 22(1)

…imb section 36(1)(viia) is also applicable for all types of advances made by rural branches. The assessee to buttress its argument relied on the decision of Hon’ble Kerala High Court in the case of Kannur District Co-operative Bank Limited vs. CIT reported in 365 ITR 343. 40. The Learned CIT(A) after considering the facts in totality deleted the additions made by the AO by holding that the assessee is eligible to claim deduction under both limbs of provision of section 36(1)(viia) of the Act which allowed deduction on all types of loans & advances extended by the bank. 41. Being aggrieved by order of the learned…

M/S the South Canara District Central Co-Op Bank Ltd, Mangaluru vs. The Deputy Commissioner of Income Tax, Central Circle - 1, Mangalore

In the result, the appeal of the revenue is hereby dismissed

ITA 219/BANG/2023[2018-19]Status: DisposedITAT Bangalore04 Mar 2025AY 2018-19

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Smt. Sheetal Borkar – AdvocateFor Respondent: Ms. Nandini Das, CIT (DR)
Section 145Section 22(1)

…imb section 36(1)(viia) is also applicable for all types of advances made by rural branches. The assessee to buttress its argument relied on the decision of Hon’ble Kerala High Court in the case of Kannur District Co-operative Bank Limited vs. CIT reported in 365 ITR 343. 40. The Learned CIT(A) after considering the facts in totality deleted the additions made by the AO by holding that the assessee is eligible to claim deduction under both limbs of provision of section 36(1)(viia) of the Act which allowed deduction on all types of loans & advances extended by the bank. 41. Being aggrieved by order of the learned…

M/S the South Canara District Central Co-Op Bank Ltd, Mangaluru vs. The Deputy Commissioner of Income Tax, Central Circle - 1, Mangalore

In the result, the appeal of the revenue is hereby dismissed

ITA 218/BANG/2023[2017-18]Status: DisposedITAT Bangalore04 Mar 2025AY 2017-18

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Smt. Sheetal Borkar – AdvocateFor Respondent: Ms. Nandini Das, CIT (DR)
Section 145Section 22(1)

…imb section 36(1)(viia) is also applicable for all types of advances made by rural branches. The assessee to buttress its argument relied on the decision of Hon’ble Kerala High Court in the case of Kannur District Co-operative Bank Limited vs. CIT reported in 365 ITR 343. 40. The Learned CIT(A) after considering the facts in totality deleted the additions made by the AO by holding that the assessee is eligible to claim deduction under both limbs of provision of section 36(1)(viia) of the Act which allowed deduction on all types of loans & advances extended by the bank. 41. Being aggrieved by order of the learned…

M/S the South Canara District Central Co-Op Bank Ltd, Mangaluru vs. The Deputy Commissioner of Income Tax, Central Circle - 1, Mangalore

In the result, the appeal of the revenue is hereby dismissed

ITA 217/BANG/2023[2016-17]Status: DisposedITAT Bangalore04 Mar 2025AY 2016-17

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Smt. Sheetal Borkar – AdvocateFor Respondent: Ms. Nandini Das, CIT (DR)
Section 145Section 22(1)

…imb section 36(1)(viia) is also applicable for all types of advances made by rural branches. The assessee to buttress its argument relied on the decision of Hon’ble Kerala High Court in the case of Kannur District Co-operative Bank Limited vs. CIT reported in 365 ITR 343. 40. The Learned CIT(A) after considering the facts in totality deleted the additions made by the AO by holding that the assessee is eligible to claim deduction under both limbs of provision of section 36(1)(viia) of the Act which allowed deduction on all types of loans & advances extended by the bank. 41. Being aggrieved by order of the learned…

Deputy Commissioner of Income Tax, Cir-2(1)(1), Baroda vs. The Bharuch Dis Cent Co-Op Bank Ltd., Bharuch

ITA 298/SRT/2022[2017-18]Status: DisposedITAT Surat09 Jan 2023AY 2017-18

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 254(1)Section 36(1)(viia)

…port their claim, the assessee relied on CBDT Circular No. 10 of 2008, decision of Cochin Tribunal in Kannur District Cooperative Bank Limited (2012) 136 ITD 102 dated 23.03.2012 and Kerala High Court in Kannur district Co-operative Bank Limited Vs CIT (2014) 365 ITR 343 (Kerala). The explanations and submissions of the assessee was not accepted by the assessing officer by taking view that the case law relied by the assessee is not of the jurisdictional High Court. The assessing officer also held that for the purpose of this section, the legislature has placed co-operative bank as a different category bank than s…

Deputy Commissioner of Income Tax, Cir-2(1)(1), Baroda vs. The Bharuch Dis Cent Co-Op Bank Ltd., Bharuch

ITA 297/SRT/2022[2016-17]Status: DisposedITAT Surat09 Jan 2023AY 2016-17

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 254(1)Section 36(1)(viia)

…port their claim, the assessee relied on CBDT Circular No. 10 of 2008, decision of Cochin Tribunal in Kannur District Cooperative Bank Limited (2012) 136 ITD 102 dated 23.03.2012 and Kerala High Court in Kannur district Co-operative Bank Limited Vs CIT (2014) 365 ITR 343 (Kerala). The explanations and submissions of the assessee was not accepted by the assessing officer by taking view that the case law relied by the assessee is not of the jurisdictional High Court. The assessing officer also held that for the purpose of this section, the legislature has placed co-operative bank as a different category bank than s…

Deputy Commissioner of Income Tax, Cir-2(1)(1), Baroda vs. The Bharuch Dis Cent Co-Op Bank Ltd., Bharuch

ITA 296/SRT/2022[2013-14]Status: DisposedITAT Surat09 Jan 2023AY 2013-14

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 254(1)Section 36(1)(viia)

…port their claim, the assessee relied on CBDT Circular No. 10 of 2008, decision of Cochin Tribunal in Kannur District Cooperative Bank Limited (2012) 136 ITD 102 dated 23.03.2012 and Kerala High Court in Kannur district Co-operative Bank Limited Vs CIT (2014) 365 ITR 343 (Kerala). The explanations and submissions of the assessee was not accepted by the assessing officer by taking view that the case law relied by the assessee is not of the jurisdictional High Court. The assessing officer also held that for the purpose of this section, the legislature has placed co-operative bank as a different category bank than s…

The Bharuch Dist.Central Co.Op.Bank Ltd., Bharuch vs. The Assistant Commissioner of Income Tax, Circle-1, Bharuch

ITA 641/SRT/2018[2014-15]Status: DisposedITAT Surat23 Jun 2022AY 2014-15

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 254(1)Section 36(1)(viia)

…of Section 36(1)(viia), thus, cooperative bank will get deduction of 10% only of rural branch advance which are defined under that Act. The decision of Tribunal was confirmed by the Hon’ble Kerala High Court in its decision dated 3rd April, 2014 reported viz (365 ITR 343 Ker). The Hon’ble High Court held that there is no necessity to find out generic meaning of either urban or rural for the simple reason that explanation under Section 36(1)(viia) is self-defines what could be considered as a rural branch for the purpose of this Section. As per the High Court decision, the cooperative banks also falls under the ca…

The Bharuch Dist.Central Co.Op.Bank Ltd., Bharuch vs. The Assistant Commissioner of Income Tax, Circle-1, Bharuch

ITA 362/SRT/2018[2012-13]Status: DisposedITAT Surat23 Jun 2022AY 2012-13

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 254(1)Section 36(1)(viia)

…of Section 36(1)(viia), thus, cooperative bank will get deduction of 10% only of rural branch advance which are defined under that Act. The decision of Tribunal was confirmed by the Hon’ble Kerala High Court in its decision dated 3rd April, 2014 reported viz (365 ITR 343 Ker). The Hon’ble High Court held that there is no necessity to find out generic meaning of either urban or rural for the simple reason that explanation under Section 36(1)(viia) is self-defines what could be considered as a rural branch for the purpose of this Section. As per the High Court decision, the cooperative banks also falls under the ca…

Bharuch District Central Co.-Op. Bank Ltd., Bharuch vs. The Additional Commissioner of Income Tax, Bhaurch Range, Bharuch

ITA 1544/AHD/2016[2011-12]Status: DisposedITAT Surat23 Jun 2022AY 2011-12

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 254(1)Section 36(1)(viia)

…of Section 36(1)(viia), thus, cooperative bank will get deduction of 10% only of rural branch advance which are defined under that Act. The decision of Tribunal was confirmed by the Hon’ble Kerala High Court in its decision dated 3rd April, 2014 reported viz (365 ITR 343 Ker). The Hon’ble High Court held that there is no necessity to find out generic meaning of either urban or rural for the simple reason that explanation under Section 36(1)(viia) is self-defines what could be considered as a rural branch for the purpose of this Section. As per the High Court decision, the cooperative banks also falls under the ca…

Bharuch District Central Co.-Op. Bank Ltd., Bharuch vs. The Additional Commissioner of Income Tax, Bhaurch Range, Bharuch

ITA 1543/AHD/2016[2010-11]Status: DisposedITAT Surat23 Jun 2022AY 2010-11

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 254(1)Section 36(1)(viia)

…of Section 36(1)(viia), thus, cooperative bank will get deduction of 10% only of rural branch advance which are defined under that Act. The decision of Tribunal was confirmed by the Hon’ble Kerala High Court in its decision dated 3rd April, 2014 reported viz (365 ITR 343 Ker). The Hon’ble High Court held that there is no necessity to find out generic meaning of either urban or rural for the simple reason that explanation under Section 36(1)(viia) is self-defines what could be considered as a rural branch for the purpose of this Section. As per the High Court decision, the cooperative banks also falls under the ca…

Bharuch District Central Co.-Op. Bank Ltd., Bharuch vs. The Additional Commissioner of Income Tax, Bhaurch Range, Bharuch

ITA 1542/AHD/2016[2009-10]Status: DisposedITAT Surat23 Jun 2022AY 2009-10

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 254(1)Section 36(1)(viia)

…of Section 36(1)(viia), thus, cooperative bank will get deduction of 10% only of rural branch advance which are defined under that Act. The decision of Tribunal was confirmed by the Hon’ble Kerala High Court in its decision dated 3rd April, 2014 reported viz (365 ITR 343 Ker). The Hon’ble High Court held that there is no necessity to find out generic meaning of either urban or rural for the simple reason that explanation under Section 36(1)(viia) is self-defines what could be considered as a rural branch for the purpose of this Section. As per the High Court decision, the cooperative banks also falls under the ca…

The ACIT, Circle-1, Bharuch vs. Bharuch District Central Co. Op. Bank Ltd., Bharuch

ITA 1531/AHD/2016[2011-12]Status: DisposedITAT Surat23 Jun 2022AY 2011-12

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 254(1)Section 36(1)(viia)

…of Section 36(1)(viia), thus, cooperative bank will get deduction of 10% only of rural branch advance which are defined under that Act. The decision of Tribunal was confirmed by the Hon’ble Kerala High Court in its decision dated 3rd April, 2014 reported viz (365 ITR 343 Ker). The Hon’ble High Court held that there is no necessity to find out generic meaning of either urban or rural for the simple reason that explanation under Section 36(1)(viia) is self-defines what could be considered as a rural branch for the purpose of this Section. As per the High Court decision, the cooperative banks also falls under the ca…

The ACIT, Circle-1, Bharuch vs. Bharuch District Central Co. Op. Bank Ltd., Bharuch

ITA 1530/AHD/2016[2010-11]Status: DisposedITAT Surat23 Jun 2022AY 2010-11

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 254(1)Section 36(1)(viia)

…of Section 36(1)(viia), thus, cooperative bank will get deduction of 10% only of rural branch advance which are defined under that Act. The decision of Tribunal was confirmed by the Hon’ble Kerala High Court in its decision dated 3rd April, 2014 reported viz (365 ITR 343 Ker). The Hon’ble High Court held that there is no necessity to find out generic meaning of either urban or rural for the simple reason that explanation under Section 36(1)(viia) is self-defines what could be considered as a rural branch for the purpose of this Section. As per the High Court decision, the cooperative banks also falls under the ca…

The ACIT, Circle-1, Bharuch vs. Bharuch District Central Co. Op. Bank Ltd., Bharuch

ITA 1529/AHD/2016[2009-10]Status: DisposedITAT Surat23 Jun 2022AY 2009-10

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 254(1)Section 36(1)(viia)

…of Section 36(1)(viia), thus, cooperative bank will get deduction of 10% only of rural branch advance which are defined under that Act. The decision of Tribunal was confirmed by the Hon’ble Kerala High Court in its decision dated 3rd April, 2014 reported viz (365 ITR 343 Ker). The Hon’ble High Court held that there is no necessity to find out generic meaning of either urban or rural for the simple reason that explanation under Section 36(1)(viia) is self-defines what could be considered as a rural branch for the purpose of this Section. As per the High Court decision, the cooperative banks also falls under the ca…

Zila Sahkari Bank Ltd, Mirzapur vs. Jt. C.I.T., Mirzapur

In the result, appeal filed by the assessee in ITA no

ITA 136/ALLD/2015[2011-12]Status: DisposedITAT Allahabad30 Sept 2021AY 2011-12

Bench: Shrivijay Pal Rao & Shri Ramit Kochar

For Appellant: Sh.Ashish Bansal AdvFor Respondent: Sh. A.K. Singh, Sr. DR
Section 143Section 143(2)Section 36(1)(viia)

…49. The Ld. AR has tried to explain that the cooperative societies transacting the banking works are banking company. In this context, the A.R. has relied on the following decision.- I. Judgment dated 03.04.2014 of Hon’ble Kerala High Court reported in (2014) 365 ITR 343 [also reported in (2014) 50 taxman. Com 189 (Kerala)] II. Order dated 07.03.2012 in ITA No. 817/JP/2011 passed by the Hon’ble Jaipur Bench of ITAT in the case of ACIT, Circle 3, Jaipur vs. Jaipur Central Cooperative Bank, Jaipur. III. Order dated 08.05.2013 passed by the Hon’ble Cochin Bench of ITAT in the case of Trichur District Co-operative Ba…

Zila Sahkari Bank Ltd., Mirzapur vs. Asstt. Commisioner of Income Tax, Mirzapur

In the result, appeal filed by the assessee in ITA no

ITA 135/ALLD/2015[2010-11]Status: DisposedITAT Allahabad30 Sept 2021AY 2010-11

Bench: Shrivijay Pal Rao & Shri Ramit Kochar

For Appellant: Sh.Ashish Bansal AdvFor Respondent: Sh. A.K. Singh, Sr. DR
Section 143Section 143(2)Section 36(1)(viia)

…49. The Ld. AR has tried to explain that the cooperative societies transacting the banking works are banking company. In this context, the A.R. has relied on the following decision.- I. Judgment dated 03.04.2014 of Hon’ble Kerala High Court reported in (2014) 365 ITR 343 [also reported in (2014) 50 taxman. Com 189 (Kerala)] II. Order dated 07.03.2012 in ITA No. 817/JP/2011 passed by the Hon’ble Jaipur Bench of ITAT in the case of ACIT, Circle 3, Jaipur vs. Jaipur Central Cooperative Bank, Jaipur. III. Order dated 08.05.2013 passed by the Hon’ble Cochin Bench of ITAT in the case of Trichur District Co-operative Ba…