Mavilayi Service Co-operative Bank Ltd. v. CIT

414 ITR 67High Court2019#496 most cited

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

The Full Bench of the Kerala High Court held that a co-operative bank or society is not entitled to a deduction under Section 80P(2)(a)(i) of the Income-tax Act if it provides loans to non-members. This decision was subsequently overruled by the Supreme Court.

190

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2020 to 2025.

Also referred to as

Mavilayi Service Co-operative Bank Ltd. · Section 80P · Section 80P(2)(a)(i) · co-operative society deduction · lending to non-members · primary agricultural credit society · deduction disallowance · rectification Section 154 · Kerala High Court Full Bench

Sections most often in play

Section 143(3)Section 80PSection 80P(2)(a)(i)Section 147Section 148Section 144BSection 154Section 80P(2)(d)
Read the full judgment

Issues it is cited on

section 2(u)section 56(cci)section 56(c)(i)(cci)section 56(c)section 2(d)section 5(c)section 5(b)section 22(1)(b)section 2(c)section 22(1)section 80p(1)section 80p(2)(a)

Judgments citing Mavilayi Service Co-operative Bank Ltd. v. CIT

The Kanjikkode Service Co-Op Bank :Ltd, Palakkad vs. The ITO, Palakkad

ITA 228/COCH/2020[2016-17]Status: DisposedITAT Cochin07 Jul 2020AY 2016-17

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

Section 80PSection 80P(2)(a)

…the I.T.Act, the assessees preferred appeals before the first appellate authority. The CIT(A) placing reliance on the 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 [(2019) 414 ITR 67 (Ker.) (FB) (HC)] held that the Assessing Officer had made elaborate findings and has come to a factual ITA No.124/Coch/2020 & Ors 5 SA No.68/C/2020 & Ors. M/s.The Kumaramputhur SCB Ltd. finding that agricultural credit provided by the assessees is only minuscule and assessees cannot be termed as primary agricultural credit society. Accordingly…

M/S.Thachampara Service Co-Op Bank Ltd, Palakkad vs. The ITO, Palakkad

ITA 191/COCH/2020[2012-13]Status: DisposedITAT Cochin07 Jul 2020AY 2012-13

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

Section 80PSection 80P(2)(a)

…the I.T.Act, the assessees preferred appeals before the first appellate authority. The CIT(A) placing reliance on the 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 [(2019) 414 ITR 67 (Ker.) (FB) (HC)] held that the Assessing Officer had made elaborate findings and has come to a factual ITA No.124/Coch/2020 & Ors 5 SA No.68/C/2020 & Ors. M/s.The Kumaramputhur SCB Ltd. finding that agricultural credit provided by the assessees is only minuscule and assessees cannot be termed as primary agricultural credit society. Accordingly…

M/S.Mankara Service Co-Op Bank Ltd, Palakkad vs. The ITO, Palakkad

ITA 190/COCH/2020[2016-17]Status: DisposedITAT Cochin07 Jul 2020AY 2016-17

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

Section 80PSection 80P(2)(a)

…the I.T.Act, the assessees preferred appeals before the first appellate authority. The CIT(A) placing reliance on the 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 [(2019) 414 ITR 67 (Ker.) (FB) (HC)] held that the Assessing Officer had made elaborate findings and has come to a factual ITA No.124/Coch/2020 & Ors 5 SA No.68/C/2020 & Ors. M/s.The Kumaramputhur SCB Ltd. finding that agricultural credit provided by the assessees is only minuscule and assessees cannot be termed as primary agricultural credit society. Accordingly…

M/S.Mankara Service Co-Op Bank Ltd, Palakkad vs. The ITO, Palakkad

ITA 189/COCH/2020[2015-16]Status: DisposedITAT Cochin07 Jul 2020AY 2015-16

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

Section 80PSection 80P(2)(a)

…the I.T.Act, the assessees preferred appeals before the first appellate authority. The CIT(A) placing reliance on the 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 [(2019) 414 ITR 67 (Ker.) (FB) (HC)] held that the Assessing Officer had made elaborate findings and has come to a factual ITA No.124/Coch/2020 & Ors 5 SA No.68/C/2020 & Ors. M/s.The Kumaramputhur SCB Ltd. finding that agricultural credit provided by the assessees is only minuscule and assessees cannot be termed as primary agricultural credit society. Accordingly…

M/S.Mankara Service Co-Op Bank Ltd, Palakkad vs. The ITO, Palakkad

ITA 188/COCH/2020[2010-11]Status: DisposedITAT Cochin07 Jul 2020AY 2010-11

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

Section 80PSection 80P(2)(a)

…the I.T.Act, the assessees preferred appeals before the first appellate authority. The CIT(A) placing reliance on the 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 [(2019) 414 ITR 67 (Ker.) (FB) (HC)] held that the Assessing Officer had made elaborate findings and has come to a factual ITA No.124/Coch/2020 & Ors 5 SA No.68/C/2020 & Ors. M/s.The Kumaramputhur SCB Ltd. finding that agricultural credit provided by the assessees is only minuscule and assessees cannot be termed as primary agricultural credit society. Accordingly…

The Ariyur Service Co-Op Bank Ltd, Palakkad vs. The ITO, Palakkad

ITA 175/COCH/2020[2015-16]Status: DisposedITAT Cochin07 Jul 2020AY 2015-16

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

Section 80PSection 80P(2)(a)

…the I.T.Act, the assessees preferred appeals before the first appellate authority. The CIT(A) placing reliance on the 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 [(2019) 414 ITR 67 (Ker.) (FB) (HC)] held that the Assessing Officer had made elaborate findings and has come to a factual ITA No.124/Coch/2020 & Ors 5 SA No.68/C/2020 & Ors. M/s.The Kumaramputhur SCB Ltd. finding that agricultural credit provided by the assessees is only minuscule and assessees cannot be termed as primary agricultural credit society. Accordingly…

The Ariyur Service Co-Op Bank Ltd, Palakkad vs. The ITO, Palakkad

ITA 174/COCH/2020[2014-15]Status: DisposedITAT Cochin07 Jul 2020AY 2014-15

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

Section 80PSection 80P(2)(a)

…the I.T.Act, the assessees preferred appeals before the first appellate authority. The CIT(A) placing reliance on the 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 [(2019) 414 ITR 67 (Ker.) (FB) (HC)] held that the Assessing Officer had made elaborate findings and has come to a factual ITA No.124/Coch/2020 & Ors 5 SA No.68/C/2020 & Ors. M/s.The Kumaramputhur SCB Ltd. finding that agricultural credit provided by the assessees is only minuscule and assessees cannot be termed as primary agricultural credit society. Accordingly…

The Ariyur Service Co-Op Bank Ltd, Palakkad vs. The ITO, Palakkad

ITA 173/COCH/2020[2013-14]Status: DisposedITAT Cochin07 Jul 2020AY 2013-14

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

Section 80PSection 80P(2)(a)

…the I.T.Act, the assessees preferred appeals before the first appellate authority. The CIT(A) placing reliance on the 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 [(2019) 414 ITR 67 (Ker.) (FB) (HC)] held that the Assessing Officer had made elaborate findings and has come to a factual ITA No.124/Coch/2020 & Ors 5 SA No.68/C/2020 & Ors. M/s.The Kumaramputhur SCB Ltd. finding that agricultural credit provided by the assessees is only minuscule and assessees cannot be termed as primary agricultural credit society. Accordingly…

The Akathethara Service Co-Op Bank Ltd, Palakkad vs. The ITO, WD-2, Palakkad

ITA 171/COCH/2020[2017-18]Status: DisposedITAT Cochin07 Jul 2020AY 2017-18

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

Section 80PSection 80P(2)(a)

…the I.T.Act, the assessees preferred appeals before the first appellate authority. The CIT(A) placing reliance on the 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 [(2019) 414 ITR 67 (Ker.) (FB) (HC)] held that the Assessing Officer had made elaborate findings and has come to a factual ITA No.124/Coch/2020 & Ors 5 SA No.68/C/2020 & Ors. M/s.The Kumaramputhur SCB Ltd. finding that agricultural credit provided by the assessees is only minuscule and assessees cannot be termed as primary agricultural credit society. Accordingly…

The Akathethara Service Co-Op Bank Ltd, Palakkad vs. The ITO, WD-2, Palakkad

ITA 170/COCH/2020[2016-17]Status: DisposedITAT Cochin07 Jul 2020AY 2016-17

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

Section 80PSection 80P(2)(a)

…the I.T.Act, the assessees preferred appeals before the first appellate authority. The CIT(A) placing reliance on the 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 [(2019) 414 ITR 67 (Ker.) (FB) (HC)] held that the Assessing Officer had made elaborate findings and has come to a factual ITA No.124/Coch/2020 & Ors 5 SA No.68/C/2020 & Ors. M/s.The Kumaramputhur SCB Ltd. finding that agricultural credit provided by the assessees is only minuscule and assessees cannot be termed as primary agricultural credit society. Accordingly…

The Akathethara Service Co-Op Bank Ltd, Palakkad vs. The ITO, WD-2, Palakkad

ITA 169/COCH/2020[2015-16]Status: DisposedITAT Cochin07 Jul 2020AY 2015-16

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

Section 80PSection 80P(2)(a)

…the I.T.Act, the assessees preferred appeals before the first appellate authority. The CIT(A) placing reliance on the 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 [(2019) 414 ITR 67 (Ker.) (FB) (HC)] held that the Assessing Officer had made elaborate findings and has come to a factual ITA No.124/Coch/2020 & Ors 5 SA No.68/C/2020 & Ors. M/s.The Kumaramputhur SCB Ltd. finding that agricultural credit provided by the assessees is only minuscule and assessees cannot be termed as primary agricultural credit society. Accordingly…

M/S. the Kumaramputhur Service Co-Op Bank Ltd, Palakkad vs. The ITO, Palakkad

ITA 128/COCH/2020[2016-17]Status: DisposedITAT Cochin07 Jul 2020AY 2016-17

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

Section 80PSection 80P(2)(a)

…the I.T.Act, the assessees preferred appeals before the first appellate authority. The CIT(A) placing reliance on the 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 [(2019) 414 ITR 67 (Ker.) (FB) (HC)] held that the Assessing Officer had made elaborate findings and has come to a factual ITA No.124/Coch/2020 & Ors 5 SA No.68/C/2020 & Ors. M/s.The Kumaramputhur SCB Ltd. finding that agricultural credit provided by the assessees is only minuscule and assessees cannot be termed as primary agricultural credit society. Accordingly…

M/S. the Kumaramputhur Service Co-Op Bank Ltd, Palakkad vs. The ITO, Palakkad

ITA 127/COCH/2020[2015-16]Status: DisposedITAT Cochin07 Jul 2020AY 2015-16

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

Section 80PSection 80P(2)(a)

…the I.T.Act, the assessees preferred appeals before the first appellate authority. The CIT(A) placing reliance on the 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 [(2019) 414 ITR 67 (Ker.) (FB) (HC)] held that the Assessing Officer had made elaborate findings and has come to a factual ITA No.124/Coch/2020 & Ors 5 SA No.68/C/2020 & Ors. M/s.The Kumaramputhur SCB Ltd. finding that agricultural credit provided by the assessees is only minuscule and assessees cannot be termed as primary agricultural credit society. Accordingly…

M/S. the Kumaramputhur Service Co-Op Bank Ltd, Palakkad vs. The ITO, Palakkad

ITA 126/COCH/2020[2014-15]Status: DisposedITAT Cochin07 Jul 2020AY 2014-15

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

Section 80PSection 80P(2)(a)

…the I.T.Act, the assessees preferred appeals before the first appellate authority. The CIT(A) placing reliance on the 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 [(2019) 414 ITR 67 (Ker.) (FB) (HC)] held that the Assessing Officer had made elaborate findings and has come to a factual ITA No.124/Coch/2020 & Ors 5 SA No.68/C/2020 & Ors. M/s.The Kumaramputhur SCB Ltd. finding that agricultural credit provided by the assessees is only minuscule and assessees cannot be termed as primary agricultural credit society. Accordingly…

M/S. the Kumaramputhur Service Co-Op Bank Ltd, Palakkad vs. The ITO, Palakkad

ITA 125/COCH/2020[2013-14]Status: DisposedITAT Cochin07 Jul 2020AY 2013-14

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

Section 80PSection 80P(2)(a)

…the I.T.Act, the assessees preferred appeals before the first appellate authority. The CIT(A) placing reliance on the 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 [(2019) 414 ITR 67 (Ker.) (FB) (HC)] held that the Assessing Officer had made elaborate findings and has come to a factual ITA No.124/Coch/2020 & Ors 5 SA No.68/C/2020 & Ors. M/s.The Kumaramputhur SCB Ltd. finding that agricultural credit provided by the assessees is only minuscule and assessees cannot be termed as primary agricultural credit society. Accordingly…

M/S. the Kumaramputhur Service Co-Op Bank Ltd, Palakkad vs. The ITO, Palakkad

ITA 124/COCH/2020[2012-13]Status: DisposedITAT Cochin07 Jul 2020AY 2012-13

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

Section 80PSection 80P(2)(a)

…the I.T.Act, the assessees preferred appeals before the first appellate authority. The CIT(A) placing reliance on the 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 [(2019) 414 ITR 67 (Ker.) (FB) (HC)] held that the Assessing Officer had made elaborate findings and has come to a factual ITA No.124/Coch/2020 & Ors 5 SA No.68/C/2020 & Ors. M/s.The Kumaramputhur SCB Ltd. finding that agricultural credit provided by the assessees is only minuscule and assessees cannot be termed as primary agricultural credit society. Accordingly…

M/S.the Peruvemba Service Co-Op Bank Ltd, Palakkad vs. The ITO, Palakkad

ITA 213/COCH/2020[2017-18]Status: DisposedITAT Cochin26 Jun 2020AY 2017-18

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

For Appellant: Sri.Sivadas Chettoor, CAFor Respondent: Sri.Mritunjaya Sharma, Sr.DR
Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(4)

…eferred appeal before the first appellate authority for assessment year 2017-2018. The CIT(A) placing reliance on the 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 [(2019) 414 ITR 67 (Ker.) (FB) (HC)] held that the Assessing Officer had made elaborate findings and has come to a factual finding that agricultural credit provided by the assessee is only minuscule and assessee cannot be termed as primary agricultural credit society. Accordingly disallowance of claim of deduction u/s 80P of the I.T.Act made by the Assessing Officer…

Palakkad Service Co-Op Bank Ltd, Palakkad vs. ACIT, Circle-1, Palakkad

ITA 212/COCH/2020[2017-18]Status: DisposedITAT Cochin26 Jun 2020AY 2017-18

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

For Appellant: Sri.Sivadas Chettoor, CAFor Respondent: Sri.Mritunjaya Sharma, Sr.DR
Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(4)

…IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Chandra Poojari, AM & Shri George George K, JM ITA No.208/Coch/2020 : Asst.Year 2013-2014 ITA No.209/Coch/2020 : Asst.Year 2014-2015 ITA No.210/Coch/2020 : Asst.Year 2015-2016 ITA No.211/Coch/2020 : Asst.Year 2016-2017 ITA No.212/Coch/2020 : Asst.Year 2017-2018 & SA No.114/Coch/2020 : Asst. Year 2013-2014 SA No.115/Coch/2020 : Asst. Year 2014-2015 SA No.116/Coch/2020 : Asst. Year 2015-2016 SA No.117/Coch/2020 : Asst. Year 2016-2017 SA No.118/Coch/2020 : Asst. Year 2017-2018 M/s. The Palakkad Service Co- The Dy.Commissioner of operative Bank…

Palakkad Service Co-Op Bank Ltd, Palakkad vs. ACIT, Circle-1, Palakkad

ITA 211/COCH/2020[2016-17]Status: DisposedITAT Cochin26 Jun 2020AY 2016-17

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

For Appellant: Sri.Sivadas Chettoor, CAFor Respondent: Sri.Mritunjaya Sharma, Sr.DR
Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(4)

…IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Chandra Poojari, AM & Shri George George K, JM ITA No.208/Coch/2020 : Asst.Year 2013-2014 ITA No.209/Coch/2020 : Asst.Year 2014-2015 ITA No.210/Coch/2020 : Asst.Year 2015-2016 ITA No.211/Coch/2020 : Asst.Year 2016-2017 ITA No.212/Coch/2020 : Asst.Year 2017-2018 & SA No.114/Coch/2020 : Asst. Year 2013-2014 SA No.115/Coch/2020 : Asst. Year 2014-2015 SA No.116/Coch/2020 : Asst. Year 2015-2016 SA No.117/Coch/2020 : Asst. Year 2016-2017 SA No.118/Coch/2020 : Asst. Year 2017-2018 M/s. The Palakkad Service Co- The Dy.Commissioner of operative Bank…

Palakkad Service Co-Op Bank Ltd, Palakkad vs. ACIT, Circle-1, Palakkad

ITA 210/COCH/2020[2015-16]Status: DisposedITAT Cochin26 Jun 2020AY 2015-16

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

For Appellant: Sri.Sivadas Chettoor, CAFor Respondent: Sri.Mritunjaya Sharma, Sr.DR
Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(4)

…IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Chandra Poojari, AM & Shri George George K, JM ITA No.208/Coch/2020 : Asst.Year 2013-2014 ITA No.209/Coch/2020 : Asst.Year 2014-2015 ITA No.210/Coch/2020 : Asst.Year 2015-2016 ITA No.211/Coch/2020 : Asst.Year 2016-2017 ITA No.212/Coch/2020 : Asst.Year 2017-2018 & SA No.114/Coch/2020 : Asst. Year 2013-2014 SA No.115/Coch/2020 : Asst. Year 2014-2015 SA No.116/Coch/2020 : Asst. Year 2015-2016 SA No.117/Coch/2020 : Asst. Year 2016-2017 SA No.118/Coch/2020 : Asst. Year 2017-2018 M/s. The Palakkad Service Co- The Dy.Commissioner of operative Bank…