Kerala State Coop. Mktg. Federation Ltd. v. CIT

5 SCC 48Reported decision1998#9302 most cited
12

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2025.

Sections most often in play

Section 143(3)Section 80P(2)(d)Section 14ASection 32(1)(ii)Section 32(1)(iia)Section 43(3)Section 80P(2)(a)(i)Section 10AA

Issues it is cited on

section 43(3)section 32(1)(iia)section 32(1)(ii)additional depreciationsection 32(1)put to usesection 80p(2)section 80p(2)(d)section 80psection 80p(2)(a)(i)section 32section 43

Judgments citing Kerala State Coop. Mktg. Federation Ltd. v. CIT

BHASKARA EMPLOYEES CREDIT CO-OPERATIVE SOCIETY LIMITED ,BENGALURU vs. INCOME TAX OFFICER, WARD-4(2)(2), BANGALORE

ITA 1048/BANG/2025[2017-18]Status: DisposedITAT Bangalore30 Sept 2025AY 2017-18

Bench: Shri Prashant Maharishiassessment Year : 2017-18

For Appellant: Shri Siva Prasad Reddy, ITPFor Respondent: Shri Ganesh R. Ghale, Standing Counsel for the Revenue
Section 143(3)Section 80Section 80P

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH : BANGALORE BEFORE SHRI PRASHANT MAHARISHI, VICE PRESIDENT Assessment year : 2017-18 Bhaskara Employees Credit Vs. The Income Tax Officer, Co-operative Society Ltd., Ward 4(2)(2), ISRO Satellite Centre, Airport Road, Bengaluru. Vimanapura Post, Bengaluru – 560 017. PAN: AAATB 1577B APPELLANT RESPONDENT Appellant by : Shri Siva Prasad Reddy, ITP. Respondent by : Shri Ganesh R. Ghale, Standing Counsel for the Revenue. Date of hearing : 23.09.2025 Date of Pronouncement : 30.09.2025 O R D E R 1. This appeal is filed by Bhaskara Employees Credit Co-operative Soci…

AIS SHIVAJI MEMORIAL SOCIETYS EMPLOYEES COOP CREDIT SOCIETY,PUNE vs. INCOME TAX OFFICER, WARD 2(1), PUNE, PUNE

In the result, the appeal filed by the assessee is dismissed

ITA 207/PUN/2025[2019-20]Status: DisposedITAT Pune29 Sept 2025AY 2019-20

Bench: Justice (Retd.) C V Bhadang & Shri R. K. Pandaassessment Year : 2019-20

For Appellant: Shri Deepak S. SasarFor Respondent: Shri Ramnath P Murkunde
Section 10ASection 139Section 142Section 143(1)Section 143(1)(a)Section 80Section 80ASection 80PSection 80P(2)(a)

…the restriction on it too has to be construed so as to advance the objective of section and not to frustrate it. 10. Referring to the decision of Hon’ble Supreme Court in the case of Kerala State Co-operative Marketing Federation Ltd. & Others vs. CIT [1998] 5 SCC 48, he submitted that the Hon’ble Supreme Court in the said decision has held that while interpreting the eligibility of deduction under section 80P of the Act, a Three-Judge bench of the Hon'ble Supreme Court observed that the section was enacted for "encouraging and promoting growth of co-operative sector in the economic life of the country" and in l…

SHRI MAHAVEER CO-OPERATIVE CREDIT SOCIETY LTD,ALAGUR vs. INCOME TAX OFFICER, ALAGUR

ITA 6/BANG/2025[2016-17]Status: DisposedITAT Bangalore25 Jul 2025AY 2016-17

Bench: Shri Prashant Maharishi

Section 143(2)Section 143(3)Section 18Section 40Section 80PSection 80P(2)(a)Section 80P(2)(d)

…of clause (a) of sub-section (2), it recognises two kinds of cooperative societies, namely: (i) those carrying on the business of banking and; (ii) those providing credit facilities to its members. 20. In Kerala State Coop. Mktg. Federation Ltd. v. CIT [1998] 5 SCC 48, this Court, while dealing with classes of societies covered by section 80-P of the Act, held as follows: "6. The classes of societies covered by section 80-P of the Act are as follows: (a) engaged in business of banking and providing credit facilities to its members; ** ** ** 7. We may notice that the provision is introduced with a view to encourag…

DCIT, CIRCLE-2(1)(1), AHMEDABAD, AAYKAR BHAWAN VEJALPUR vs. SABARKANTHA DISTRICT CO-OPERATIVE MILK PRODUCERS UNION LIMITED, BORIA, HIMATNAGAR

Appeal is dismissed

ITA 1648/AHD/2024[2018-19]Status: DisposedITAT Ahmedabad19 Feb 2025AY 2018-19
For Appellant: \nShri Vimal Desai, A.RFor Respondent: \nShri R. N. Dsouza, CIT DR & B.P. Srivastava
Section 32Section 32(1)(ii)Section 80P(2)(d)

…eme court in the case of the Mavilayi Service\nCo-op Bank and Others Vs CIT, Calicut in Civil Appeals No.7343-7350 & 8315 of\n2019 (Diary No.31268 of 2019) vide order dated 12.01.2021 and in Kerala State\nCooperative Marketing Federation Ltd. and Ors. [(1998) 5 SCC 48], I am of the\nconsidered opinion that the interest income received by the appellant society from\nCooperative banks is eligible for deduction u/s.80P(2)(d) of the Act. The disallowance\nof Rs.4,04,46,012/- made by the AO is hereby deleted. Appellant gets relief. Ground\nnumber 2 of appeal is allowed.\"\n6.\nThe Department is in appeal before us aga…

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-2(1)(1) AHMEDABAD, AAYKAR BHAWAN VEJALPUR, PRAHLAD NAGAR vs. SABARKANTHA DISTRICT CO-OPERATIVE MILK PORODUCERS UNION LIMITED, MILK PRODUCERS UNION

Appeal is dismissed

ITA 1589/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad19 Feb 2025AY 2017-18

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

For Appellant: Shri Vimal Desai, A.RFor Respondent: Shri R. N. Dsouza, CIT DR & B.P. Srivastava
Section 32Section 32(1)(ii)Section 80P(2)(d)

…upreme court in the case of the Mavilayi Service Co-op Bank and Others Vs CIT, Calicut in Civil Appeals No.7343-7350 & 8315 of 2019 (Diary No.31268 of 2019) vide order dated 12.01.2021 and in Kerala State Cooperative Marketing Federation Ltd. and Ors. [(1998) 5 SCC 48], I am of the considered opinion that the interest income received by the appellant society from Cooperative banks is eligible for deduction u/s. 80P(2)(d) of the Act. The disallowance of Rs. 4,04,46,012/- made by the AO is hereby deleted. Appellant gets relief. Ground number 2 of appeal is allowed.” 6. The Department is in appeal before us against…

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), AHMEDABAD, AAYKAR BHAWAN VEJALPUR vs. SABARKANTHA DISTRICT CO-OPERATIVE MILK PRODUCERS UNION LIMITED, MILK PRODUCERS UNION LIMITED

Appeal is dismissed

ITA 1588/AHD/2024[2016-17]Status: DisposedITAT Ahmedabad19 Feb 2025AY 2016-17

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

For Appellant: Shri Vimal Desai, A.RFor Respondent: Shri R. N. Dsouza, CIT DR & B.P. Srivastava
Section 32Section 32(1)(ii)Section 80P(2)(d)

…upreme court in the case of the Mavilayi Service Co-op Bank and Others Vs CIT, Calicut in Civil Appeals No.7343-7350 & 8315 of 2019 (Diary No.31268 of 2019) vide order dated 12.01.2021 and in Kerala State Cooperative Marketing Federation Ltd. and Ors. [(1998) 5 SCC 48], I am of the considered opinion that the interest income received by the appellant society from Cooperative banks is eligible for deduction u/s. 80P(2)(d) of the Act. The disallowance of Rs. 4,04,46,012/- made by the AO is hereby deleted. Appellant gets relief. Ground number 2 of appeal is allowed.” 6. The Department is in appeal before us against…

SHREE SHIV SAHYADRI NAGARI SAHAKARI PATHSANSTHA MARYADIT,PUNE vs. INCOME TAX OFFICER WARD 7(3) PUNE, PUNE

In the result, appeal of the assessee is allowed

ITA 1788/PUN/2024[2019-20]Status: DisposedITAT Pune07 Nov 2024AY 2019-20

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1788/Pun/2024 िनधा"रण वष" / Assessment Year: 2019-20 Shree Shiv Sahyadri Nagari V The Income Tax Officer, Sahakari Pathanstha S Ward-7(3), Pune. Maryadit, Sai Park Road, Dighi, Pune – 411015. Pan: Aaeas1417N Appellant/ Assessee Respondent / Revenue Assessee By Shri Deepak Sasar – Ar Revenue By Smt. Shabana Parveen – Addl.Cit(Dr) Date Of Hearing 06/11/2024 Date Of Pronouncement 07/11/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Under Section 250 Of The Income Tax Act, 1961 Dated 28.06.2024 For A.Y.2019-20. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Ld.Cit(A) Has Wrongly Confirmed The Disallowance Of Deduction Of Rs.15,60,115/- Claimed By The Appellant U/S.80P(2)(A)(I) Of The Income Tax Act, 1961. 2. Alternatively, The Interest Income Earned By The Appellant From The Investments In A Co-Operative Bank Is Also Eligible For Deduction Under Section 80P(2)(D) Of The Income Tax Act, 1961. 3. The Appellant Crave Leave To Add, Delete, Amend, Alter, Vary And/Or Withdraw All Or Any One Of The Above Grounds Of Appeal.”

Section 139(1)Section 139(4)Section 143(1)Section 143(1)(a)Section 143(1)(v)Section 2Section 250Section 80ISection 80PSection 80P(2)(a)

…Seva Sahakari Mandali Ltd. vs. The DCIT/ACIT(CPC) ITA No. 20/Rjt/2022.  Lanjani Co-Operative Agri Service Society Ltd. (CPC) v. DCIT [2023] 146 taxmann.com 468 (Chandigarh - Trib.)  Kerala State Cooperative Marketing Federation Ltd. And Others v. CIT [1998] 5 SCC 48.  Bajaj Tempo Ltd. Vs. CIT (1992) 196 ITR 188.  Veerappampalayam Primary Agricultural Cooperative Credit Society Limited (Rep. by its secretary) vs. Deputy 3 Commissioner of Income Tax and Ors. (2021) 202 DTR 0391 (Mad).  Chakargadh Seva Sahakari Mandali Ltd. Vs. Deputy Commissioner of Income Tax (2023) 202 ITD 793 (Rajkot). Submission of ld.DR…

M/S. SYNDICATE BANK STAFF CO-OP. SOCIETY LTD.,BENGALURU vs. DCIT, CPC, BENGALURU

ITA 1062/BANG/2022[2018-19]Status: DisposedITAT Bangalore03 Jan 2023AY 2018-19
For Appellant: N O N EFor Respondent: Shi Ganesh R Gale, Standing Counsel for Department
Section 139(1)Section 139(4)Section 143(1)Section 234ASection 234BSection 234CSection 234FSection 80Section 80ASection 80P

…of clause (a) of sub-section (2), it recognises two kinds of cooperative societies, namely: (i) those carrying on the business of banking and; (ii) those providing credit facilities to its members. 20. In Kerala State Coop. Mktg. Federation Ltd. v. CIT [1998] 5 SCC 48, this Court, while dealing with classes of societies covered by section 80-P of the Act, held as follows: "6. The classes of societies covered by section 80-P of the Act are as follows: (a) engaged in business of banking and providing credit facilities to its members; ** ** ** 7. We may notice that the provision is introduced with a view to encourag…

THE MAVILAYI SERVICE COOPERATIVE BANK LTD. vs. COMMISSIONER OF INCOME TAX CALICUT

C.A. No.-007343-007350 - 2019Supreme Court12 Jan 2021

Bench: Us, The Assessing Officer Denied Their Claims For Deduction, Relying Upon Section 80P(4) Of The It Act, Holding That As Per The Audited Receipt & 2

Section 147Section 19Section 263Section 80PSection 80P(2)(a)Section 80P(4)

…m other agriculturists by members but not produced by such member itself, such produce would not qualify for deduction. 18. Shortly after this judgment, a three-Judge Bench in Kerala State Cooperative Marketing Federation Ltd. and Ors. v. CIT (1998) 5 SCC 48 overruled the aforesaid judgment. The question which arose before the Court in this case was the identical question that arose in Assam Cooperative Apex Marketing Society Ltd. Assam (supra), the avatar of the provision, however, having changed to section 80P(2) (a)(iii) of the IT Act. This Court, after setting out the classes of societies covered b…

INCOME TAX OFFICER, HUBLI vs. M/S KVG BANK EMPLOYEES CO-OPERATIVE CREDIT CO-OP SOCIETY LTD, DHARWAD

ITA 671/BANG/2017[2013-14]Status: DisposedITAT Bangalore15 Nov 2017AY 2013-14

Bench: Shri Inturi Rama Rao & Shri Laliet Kumarincome-Tax Officer, Ward 2(2), Hubballi. … Appellant Vs. M/S.Kvg Bank Employees Co-Operative Credit Co-Op Society Ltd., Shankar Plaza, 2Nd Floor, Dharwad. … Respondent Pan: Aaaak 7950 N

For Appellant: Shri M.K.Biju, JCIT(DR)For Respondent: Shri Balram Rao, Advocate
Section 143(3)Section 80Section 80PSection 80P(2)(a)

…s of co-operative societies, namely: (i) those carrying on the business of banking and; (ii) those providing credit facilities to its members. 20) In the case of Kerala State Cooperative Marketing Federation Limited & Ors. v. Commissioner of Income Tax (1998) 5 SCC 48, this Court, while dealing with classes of societies covered by Section 80P of the Act, held as follows: “6. The classes of societies covered by Section 80-P of the Act are as follows: (a) Engaged in business of banking and providing credit facilities to its members; xx xx xx We may notice that the provision is introduced with a view to encouraging…

INCOME TAX OFFICER WARD-1, BAGALKOT vs. SHRI BAPOOJI PATTIN SOUHARD SAHAKARI NIYAMIT , BAGALKOT

ITA 827/BANG/2017[2013-14]Status: DisposedITAT Bangalore31 Oct 2017AY 2013-14

Bench: Shri Inturi Rama Rao & Shri Laliet Kumarassessment Year : 2013-14

For Appellant: Shri B.R. Ramesh, Jt. CIT(DR)(ITAT) BengaluruFor Respondent: Shri Madhukar G. Hegde, CA
Section 143(3)Section 5Section 80PSection 80P(2)(a)Section 80P(4)

…s of co-operative societies, namely: (i) those carrying on the business of banking and; (ii) those providing credit facilities to its members. 20) In the case of Kerala State Cooperative Marketing Federation Limited & Ors. v. Commissioner of Income Tax (1998) 5 SCC 48, this Court, while dealing with classes of societies covered by Section 80P of the Act, held as follows: “6. The classes of societies covered by Section 80-P of the Act are as follows: (a) Engaged in business of banking and providing credit facilities to its members; xx xx xx IT(TP)A No.309/Bang/2014 Page 8 of 12 We may notice that the provision…

THE CITIZEN COOPERATIVE SOCIETY LTD., REP. BY MANAGING DIRECTOR G.RANGA RAO. HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX

The appeal is dismissed in terms of the signed reportable

C.A. No.-010245-010245 - 2017Supreme Court08 Aug 2017
Section 2(19)Section 80PSection 80P(4)

…n...” 21) In the case of Commissioner of Income Tax v. Punjab State Co-operative Bank Ltd.6, while dealing with an identical issue, the High Court of Punjab and Haryana held as follows: “8. The provisions of section 80P were introduced with a view 5 (1998) 5 SCC 48 6 (2008) 300 ITR 24 (Punjab & Haryana H.C.) 18 to encouraging and promoting the growth of the co-operative sector in the economic life of the country and in pursuance of the declared policy of the Government. The different heads of exemption enumerated in the section are separate and distinct heads of exemption and are to be treated as su…