Mavilayi Service Co-operative Bank Ltd. v. CIT

431 ITR 1Supreme Court of India2021#44 most cited

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

Section 80P(4) serves as a proviso to Section 80P(1) and (2), excluding only cooperative banks that are cooperative societies and possess an RBI license for banking business. Its purpose is to exclude cooperative banks operating like commercial banks that lend money to the public.

981

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

Mavilayi Service Co-operative Bank Ltd. v. CIT · Section 80P(4) · Section 80P(1) · Section 80P(2) · cooperative bank deduction · RBI license · banking business · cooperative society · deduction under Section 80P(2)(d) · exclusion from 80P · 431 ITR 1

Also reported as

123 Taxmann.com 161279 Taxmann 75

Sections most often in play

Section 80P(2)(d)Section 80P(4)Section 80P(2)(a)(i)Section 80PSection 143(3)Section 250Section 2(19)Section 56

Issues it is cited on

section 22(1)(b)section 5(b)section 80p(1)section 80p(4)section 2(19)section 80p(2)(c)section 22(1)section 80p(2)(a)section 80p(2)(a)(i)section 70section 80p(2)section 80p(2)(d)

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

RAMCHANDRADADA KAWADE PUNYA NAGARI NAGARI SAHAKARI PAT SANSTHA MARYADIT,PUNE vs. ITO 7(1), PUNE

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

ITA 379/PUN/2026[2017-2018]Status: DisposedITAT Pune17 Apr 2026AY 2017-2018

Bench: Shri Manish Borad & Shri Pavan Kumar Gadale, Judicialmember I T A. No..379/Pun/2026 (A.Y.2017-18) Vs Ramchandradadakawade I.T.O.Ward 7(1), Punyanagarinagarisahakrai Aayakarsadan, . Pat Sanstha Maryadit, Bodhi Tower, S.No.66 Media Park, 548/2B, B T Kawade Road., Salasbury Park, Ghorpadi, Pune -411011 Pune-411037, Maharashtra. Maharashtra. Pan.No.Aaaap5734H (अपीलाथ"/Appellant) (""यथ"/Respondent) Assesseeby Shri.Rajendrakadrekar&Siddheshwarhadi,Ar Revenue By Shri.Amitbobde, Cit Dr सुनवाई क" तारीख/Date Of Hearing 08.04.2026 17.04.2026 घोषणा क" तारीख/Date Of Pronouncement Order Per Pavan Kumar Gadale, Jm: The Appeal Is Filed By The Assessee Against The Order Of National Faceless Appeal Centre (Nfac) Delhi / Cit(A) Passed U/Sec143(3)R.W.S 263 & 250 Of The Act. The Assesse Has Raised The Grounds Of Appeal Challenging The Order Of The Nfac/Cit(A) Sustaining The Denial Of Claim Of Deduction U/Sec 80P(2)(A)(I) Of The Act & Without Prejudice To Alternate/Obtaining Relief On Interest Income Earned On Deposits With The Co-Operative Banks. 2. The Brief Facts Of The Case Are That, The Assessee Is A Co- Operative Society Registered Under Maharashtra Societies

Section 133(6)Section 143(3)Section 263Section 80

…el appearing on behalf of the respective parties, the issue involved in the present appeal is squarely covered against the Revenue in view of the decision of this Court in Mavilayi Service Co-operative Bank Ltd. v. CIT [2021] 123 taxmann.com 161/279 Taxman 75/431 ITR 1/[2021] 7 SCC 90. This Court, in the aforesaid decision has specifically observed and held that primary Agricultural Credit Societies cannot be termed as Co- operative Banks under the Banking Regulation Act and, therefore, such credit societies shall be entitled to exemption under section 80(P)(2) of the Income-tax Act, 1961. 4. Ms.AakanshaKaul, lea…

KAI FAKIRA JAIRAM PATIL SAHAKARI PATSANSTHA MARYADIT SHAHADA,NANDURBAR vs. ITO, WARD-1, DHULE, DHULE

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

ITA 3110/PUN/2025[2016-17]Status: DisposedITAT Pune17 Apr 2026AY 2016-17
For Appellant: Shri Manoj Parmar
Section 139(1)Section 147Section 148Section 148ASection 80PSection 80P(2)(a)Section 80P(2)(d)

…IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND SHRI VINAY BHAMORE, JUDICIAL MEMBER आयकर अपील सं. / ITA No.3110/PUN/2025 िनधा"रण वष" / Assessment Year : 2016-17 Kai Fakira Jairam Patil Vs. ITO, Ward-1, Dhule. Sahakari Patsanstha Maryadit Shahada, Plot No.5A, Vrindavan Nagar, Besides Swami Samaratha Kendra Shahada, Tal. Shahada, Dist. Nandurbar- 425409. PAN : AAAAK5870D Appellant Respondent Assessee by : Shri Manoj Parmar Revenue by Smt. Sonal L. Sonkavde : Date of hearing : 03.02.2026 Date of pronouncement : 17.04.2026 आदेश / ORDER PER VINAY BHAMORE, JM: This…

NEW BOMBAY CO OPERATIVE COMMERCIAL COMPLEX PREMISES SOCIETY LIMITED ,MUMBAI vs. ITO WARD 28(2)(1), MUMBAI

In the result, Assessee’s appeal is allowed, with the above terms

ITA 1440/MUM/2026[2021-22]Status: DisposedITAT Mumbai15 Apr 2026AY 2021-22
For Appellant: Ms. Mona Solanki, Ld. A.RFor Respondent: Shri Tushar Mohite, Ld. Sr. D.R
Section 154Section 2(19)Section 250Section 70Section 80PSection 80P(1)Section 80P(2)(d)Section 80P(4)

…ied the deduction under section 80P(2)(d) of the Act on the basis that the Co-operative Bank is covered under the provisions of section 80P(4) of the Act. We find that the Hon'ble Supreme Court in Mavilayi Service Cooperative Bank Ltd. vs CIT, Calicut, [2021] 431 ITR 1 (SC) while analyzing the provisions of section 80P(4) of the Act held that section 80P(4) is a proviso to the main provision contained in section 80P(1) and (2) and excludes only Cooperative Banks, which are Co-operative Societies and also possesses a licence from RBI to do banking business. The Hon'ble Supreme Court further held that the limited o…

B U E H B CO-OP SOCIETY LIMITED,BENGALURU vs. INCOME TAX OFFICER WARD 3(2) (1), BENGALURU

ITA 266/BANG/2026[2018-19]Status: DisposedITAT Bangalore07 Apr 2026AY 2018-19

Bench: Shri Prashant Maharishi, Vice – & Shri Soundararajan K.

For Appellant: Shri Prakhyat, AdvocateFor Respondent: Shri Balusamy N., JCIT-DR
Section 142(1)Section 143(2)Section 250Section 57Section 80PSection 80P(2)(a)

…ation difficulties under the faceless scheme. The Ld.AR further submitted that even otherwise the inclusion of nominal members would not entitle the assessee from claiming deduction u/s. 80P(2)(a)(i) of the Act as held by the Hon’ble Supreme Court reported in 431 ITR 1 in the case of Mavilayi Service Co-operative Bank Ltd. v. CIT. The Ld.AR further submitted that the assessee had received interest income from the co- operative banks which are all registered as co-operative societies with the…

BUEHB CO-OP SOCIETY LIMITED ,BANGALORE vs. INCOME TAX OFFICER, WARD-1(2)(1), BANGALORE

ITA 2725/BANG/2025[2017-18]Status: DisposedITAT Bangalore07 Apr 2026AY 2017-18

Bench: Shri Prashant Maharishi, Vice – & Shri Soundararajan K.

For Appellant: Shri Prakhyat, AdvocateFor Respondent: Shri Balusamy N., JCIT-DR
Section 142(1)Section 143(2)Section 250Section 57Section 80PSection 80P(2)(a)

…ation difficulties under the faceless scheme. The Ld.AR further submitted that even otherwise the inclusion of nominal members would not entitle the assessee from claiming deduction u/s. 80P(2)(a)(i) of the Act as held by the Hon’ble Supreme Court reported in 431 ITR 1 in the case of Mavilayi Service Co-operative Bank Ltd. v. CIT. The Ld.AR further submitted that the assessee had received interest income from the co- operative banks which are all registered as co-operative societies with the…

OM SHIVDARSHAN CO-OP HOSING SOCIETY LTD,MUMBAI vs. INCOME TAX OFFICER, WARD 41(2)(3), , MUMBAI

In the result, the appeal by the assessee is allowed for statistical purposes

ITA 966/MUM/2026[2021-22]Status: DisposedITAT Mumbai27 Mar 2026AY 2021-22

Bench: Shri Om Prakash Kantshri Sandeep Singh Karhail

For Appellant: Shri Ravindra Naik, CAFor Respondent: Shri Pravin Salunkhe, SR. DR
Section 143(1)Section 250Section 80PSection 80P(1)Section 80P(2)(d)Section 80P(4)

…ection 80P(2)(d) of the Act on the basis that the Co-operative Bank is covered under the provisions of section 80P(4) of the Act. We find that the Hon’ble Supreme Court in Mavilayi Service Co-operative Bank Ltd. v. CIT [2021] 123 taxmann.com 161/279 Taxman 75/431 ITR 1 while analysing the provisions of section 80P(4) of the Act held that section 80P(4) is a proviso to the main provision contained in section 80P(1) and (2) and excludes only Co-operative Banks, which are Co-operative Societies and also possesses a licence from RBI to do banking business. The Hon'ble Supreme Court further held that the limited objec…

SREE CAUVERY SOUHARDA CREDIT SAHAKARI SANGHA NIYAMITHA,BENGALURU vs. INCOME TAX OFFICER WARD 1(1)(1), BENGALURU

ITA 1854/BANG/2025[2018-19]Status: DisposedITAT Bangalore12 Mar 2026AY 2018-19

Bench: Shri Waseem Ahmed & Shri Soundararajan K

For Appellant: Smt. Sumana, CAFor Respondent: Shri Subramanian, JCIT (DR
Section 10Section 250Section 56Section 80PSection 80P(2)(a)Section 80P(2)(d)

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH, BANGALORE BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SHRI SOUNDARARAJAN K, JUDICIAL MEMBER ITA No.1854 & 1855/Bang/2025 Assessment Year: 2018-19 Sree Cauvery Souharda Credit Sahakari Vs. The Income Tax Officer, Sangha Niyamitha, Ward – 1(1)(1), No.7, Kodava Samaja Building, Bangalore. 1st Main Road, Vasanthnagar, Bangalore – 560 002. PAN – AAAJS 2172 F APPELLANT RESPONDENT Assessee by : Smt. Sumana, CA Revenue by : Shri Subramanian, JCIT (DR Date of hearing : 02.03.2026 Date of Pronouncement : 12.03.2026 O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER: The…

NITYANAND NAGAR VIBHAG -IV COOPERATIVE HOUSING SOCIETY LIMITED ,MUMBAI vs. ITO WARD 24(3)(1), MUMBAI

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

ITA 494/MUM/2026[2021-22]Status: DisposedITAT Mumbai12 Mar 2026AY 2021-22

Bench: Shri Narender Kumar Choudhryshri Girish Agrawal

For Appellant: Revenue byFor Respondent: Shri Pravin Salunkhe (Sr. DR.)
Section 143(1)Section 2(19)Section 250Section 70Section 80PSection 80P(1)Section 80P(2)(D)Section 80P(2)(d)

…d the deduction under section 80P(2)(d) of the Act on the basis that the Co- operative Bank is covered under the provisions of section 80P(4) of the Act. We find that the Hon’ble Supreme Court in Mavilayi Service Cooperative Bank Ltd. vs. CIT, Calicut, [2021] 431 ITR 1 (SC) while analyzing the provisions of section 80P(4) of the Act held that section 80P(4) is a proviso to the main provision contained in section 80P(1) and (2) and excludes only Cooperative Banks, which are Co-operative Societies and also possesses a licence from RBI to do banking business. The Hon’ble Supreme Court further held that the limited o…

LA ROYAL CO-OPERATIVE HSG SOC LTD,KANDIVALI vs. ASSESSING OFFICER, KAUTILIYA BHAVAN

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

ITA 443/MUM/2026[2021-22]Status: DisposedITAT Mumbai11 Mar 2026AY 2021-22

Bench: Shri Narender Kumar Choudhryshri Girish Agrawal

For Appellant: Shri Ganshyamlal Kachhara, LdFor Respondent: Shri Pravin Salunkhe (Sr. DR.)
Section 143(1)Section 2(19)Section 250Section 70Section 80PSection 80P(1)Section 80P(2)(D)Section 80P(2)(d)

…d the deduction under section 80P(2)(d) of the Act on the basis that the Co- operative Bank is covered under the provisions of section 80P(4) of the Act. We find that the Hon’ble Supreme Court in Mavilayi Service Cooperative Bank Ltd. vs. CIT, Calicut, [2021] 431 ITR 1 (SC) while analyzing the provisions of section 80P(4) of the Act held that section 80P(4) is a proviso to the main provision contained in section 80P(1) and (2) and excludes only Cooperative Banks, which are Co-operative Societies and also possesses a licence from RBI to do banking business. The Hon’ble Supreme Court further held that the limited o…

ESI HOSPITAL EMPLOYEES COOP THRIFT & CREDIT SOCIETY LTD.,CHENNAI vs. ITO, NCW-10(1), CHENNAI

In the result, the appeal of the assessee is allowed

ITA 3031/CHNY/2025[2022-23]Status: DisposedITAT Chennai09 Mar 2026AY 2022-23

Bench: Inturi Rama Rao & Shri Manu Kumar Giriआयकर अपील सं./Ita No.3031/Chny/2025 िनधा&रण वष& /Assessment Year: 2022-23

For Appellant: Mr. G. Reddi Prakash, C.A +For Respondent: Ms. R. Anitha, Addl. CIT
Section 143(3)Section 144BSection 56Section 80PSection 80P(2)(d)

…आयकर अपीलीय अिधकरण, ‘सी’ "ायपीठ, चे"ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH: CHENNAI "ी इंटूरी रामा राव, लेखा सद" एवं "ी मनु कुमार िग$र, "ाियक सद" के सम% BEFORE INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI MANU KUMAR GIRI, JUDICIAL MEMBER आयकर अपील सं./ITA No.3031/Chny/2025 िनधा&रण वष& /Assessment Year: 2022-23 ESI Hospital Employees Co- The Income Tax Officer, operative Thrift & Credit Society Vs. Non Corporate Ward-10(1), Ltd., Chennai. No.37, Medavakkam Tank Road, ESI Hospital Complex, Aynavaram, Chennai – 600 023. PAN: AAAAE 8419N (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ) की ओर से/ Appellant…

GIRGAON VIJAYSHREE CO OPERATIVE HOUSING SOCIETY LIMITED ,MUMBAI vs. ITO WARD 19(1)(1), MUMBAI

ITA 457/MUM/2026[2021-22]Status: DisposedITAT Mumbai09 Mar 2026AY 2021-22

Bench: Shri Vikram Singh Yadav & Ms. Kavitha Rajagopal

For Appellant: NONEFor Respondent: Shri Aditya Rai, Sr.DR
Section 143(1)Section 80Section 80PSection 80P(1)Section 80P(2)(d)Section 80P(4)

…ITA No. 457/Mum/2026 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI “J-SMC” BENCH: MUMBAI BEFORE SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER AND MS. KAVITHA RAJAGOPAL, JUDICIAL MEMBER ITA No. 457/Mum/2026 Assessment Year : 2021-22 Girgaon Vijayshree Co-Operative Housing Society Limited, 001, Tatya Gharpure Road, Ovalwadi, Mumbai, Girgaon, Maharashtra-400004. PAN : AAAAG5332J (Appellant) VS. Income Tax Officer, Ward-19(1)(1), Piramal Chamber, Mumbai-400012. (Respondent) For Assessee: NONE For Revenue : Shri Aditya Rai, Sr.DR Date of Hearing: 04-03-2026 Date of Pronouncement: 09-03-2026 ORDER PER VIKRAM SINGH Y…

SHRI MALLIKARJUN URBAN CO OPERATIVE CREDIT SOCIETY LIMITED,BELAGAVI vs. ITO WARD 1 BELGAUM, BELGAUM

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 65/PAN/2026[2017-18]Status: DisposedITAT Panaji06 Mar 2026AY 2017-18

Bench: SHRI PAVAN KUMAR GADALE (Judicial Member)

Section 80PSection 80P(2)(a)Section 80P(2)(d)

…embers and therefore the claim u/sec 80P (2) (a) (i) under the Income tax act 1961 is not allowed. The Ld.AR relied on the decision of the Hon’ble Supreme Court in the case of Maviyali Service Co-operative Bank Ltd v CIT reported in 123 taxmann.com 161 (SC) / 431 ITR 1 (SC) has held that ,” when nominal members are defined in the governing law dealings with them are entitled for deduction u/s 80P.”. In the present case the nominal and associate members are recognized by the governing law i.e: The Goa Co-operative Societies Act 2001 and the bye laws of the society. The Ld.DR submitted that "If the society is found…

GRANT ROAD (W) OMKAR CO-OPERATIVE HOUSING SOC LIMITED,MUMBAI vs. ITO 19(1)(1), MUMBAI

ITA 260/MUM/2026[2021-22]Status: DisposedITAT Mumbai05 Mar 2026AY 2021-22

Bench: Shri Vikram Singh Yadav & Shri Sandeep Singh Karhail

For Appellant: Shri Ashok MehtaFor Respondent: Shri Pravin Salunkhe, Sr.DR
Section 143(1)Section 80Section 80PSection 80P(1)Section 80P(2)(d)Section 80P(4)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI “H-SMC” BENCH: MUMBAI BEFORE SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER AND SHRI SANDEEP SINGH KARHAIL, JUDICIAL MEMBER ITA No. Α.Υ. 259/Mum/2026 2020-21 260/Mum/2026 2021-22 Appellant Grant Road (W) Omkar Co-operative Housing Society Ltd., 602, 13/15, Omkar Housing Soc, Tukaram Javaji Road, Mumbai-400007. [PAN: AABAG3524F] Respondent Income Tax Officer, Ward-19(1)(1), Piramal Chambers, Mumbai-400012. For Assessee : Shri Ashok Mehta For Revenue : | Shri Pravin Salunkhe, Sr.DR Date of Hearing : | 24-02-2026 Date of Pronouncement: 05-03-2026 ORDER PER VIKRAM SINGH YADAV,…

GRANT ROAD (W) OMKAR CO-OPERATIVE HOUSING SOC LIMITED,MUMBAI vs. ITO 19(1)(1), MUMBAI

In the result, this appeal of the assessee is allowed

ITA 259/MUM/2026[2020-21]Status: DisposedITAT Mumbai05 Mar 2026AY 2020-21

Bench: Shri Vikram Singh Yadav & Shri Sandeep Singh Karhail

For Appellant: Shri Ashok MehtaFor Respondent: Shri Pravin Salunkhe, Sr.DR
Section 143(1)Section 80Section 80PSection 80P(1)Section 80P(2)(d)Section 80P(4)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI “H-SMC” BENCH: MUMBAI BEFORE SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER AND SHRI SANDEEP SINGH KARHAIL, JUDICIAL MEMBER ITA No. A.Y. Appellant Respondent Grant Road (W) Omkar Co-operative Housing Income Tax Officer, 2020-21 259/Mum/2026 Society Ltd., Ward-19(1)(1), 602, 13/15, Piramal Chambers, Omkar Housing Soc, Mumbai-400012. Tukaram Javaji Road, 260/Mum/2026 2021-22 Mumbai-400007. [PAN: AABAG3524F] For Assessee : Shri Ashok Mehta For Revenue : Shri Pravin Salunkhe, Sr.DR Date of Hearing : 24-02-2026 Date of Pronouncement : 05-03-2026 ORDER PER VIKRAM SINGH YADAV,…

HOTEL MALEEKARA PATTINA SOUHARDA SAHAKAARI SANGHA NIYAMITHA ,TUMKUR vs. INCOME TAX OFFICER, WARD-1 & TPS , TUMKUR

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

ITA 1110/BANG/2025[2017-18]Status: DisposedITAT Bangalore03 Mar 2026AY 2017-18

Bench: Shri Prashant Maharishi, Vice – & Shri Soundararajan K.Assessment Year : 2017-18

For Appellant: Shri A. Shivaram, CA
Section 142(1)Section 143(2)Section 234ASection 80PSection 80P(2)Section 80P(2)(a)Section 80P(2)(d)

…/s. 80P(2)(a)(i) of the Act based on the finding that the assessee is having nominal members who are all not having equal rights than that of the regular members, the said issue has already been settled by the judgment of the Hon’ble Supreme Court reported in 431 ITR 1 in the case of Mavilayi Service Co-operative Bank Ltd. v. CIT wherein the Hon’ble Supreme Court had held that the presence of the nominal members would Page 4 of 6 not disentitle the assessee’s societies from claiming the benefit of deduction u/s. 80P(2)(a)(i) of the Act. Respectfully following the above said judgment, we are allowing the claim of…

VALENCIA CO OPERATIVE HOUSING SOCIETY LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX 41(1)(1), MUMBAI

Accordingly, Ground No. 1 & 2 raised by the Assessee are allowed

ITA 8366/MUM/2025[2020-21]Status: DisposedITAT Mumbai26 Feb 2026AY 2020-21

Bench: IN THE INCOME TAX APPELLATE TRIBUNAL “F” BENCH, MUMBAI SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER SHRI BIJAYANANDA PRUSETH, ACCOUNTANT MEMBER ITA No.8366/MUM/2025 (Assessment Year:2020-2021) Valencia Co. Operative Housing Society Limited Ground Floor, Hiranandani Gardens, Powai, Mumbai - 400076. Maharashtra [PAN: AAAAV0809P] Deputy Commissioner of Income-tax, Circle, 41(1)(1), Mumbai Kautilya Bhavan, Bandra Kurla Complex, Bandra (East), Mumbai - 400051. Maharashtra. Appearance For the Appellant/

For Appellant: Shri Rajeev KhandelwalFor Respondent: Shri Nakul Agrawal
Section 143(1)Section 154Section 80PSection 80P(2)(d)

…tment in another co-operative society. The fact that such interest/dividend income is in the nature of ‘profits and gains’ or ‘income from other sources’ is not relevant. 10. In the case of Mavilayi Services Co-operative Bank Limited Vs. CIT, Calicut: [2021] 431 ITR 1 (SC) [12/01/2021], the Hon’ble Supreme Court has held that the limited object of Section 80P(4) of the Act was to deny the benefit of Section 80P of the Act to the co- operative banks (constituted as co-operative societies) engaged in banking business (i.e. engaged in lending money to the public, and 3 Assessment Year 2020-2021 holding a valid lice…

HORIZON CO OPERATIVE HOUSING SOCIETY LIMITED ,MUMBAI vs. ITO WARD 21(2)(4), MUMBAI

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

ITA 8469/MUM/2025[2018-19]Status: DisposedITAT Mumbai25 Feb 2026AY 2018-19

Bench: Shri Amit Shukla () & Shri Girish Agrawal ()

Section 143(3)Section 2(19)Section 80PSection 80P(1)Section 80P(2)(d)Section 80P(4)

…since the matter was pending before the Tribunal, the claim could not be allowed. In appeal, the Ld. CIT(A) affirmed the disallowance by placing reliance upon the judgment of the Hon’ble Supreme Court in Mavilayi Service Co-operative Bank Ltd. vs. CIT (2021) 431 ITR 1 and the decision of the Hon’ble Karnataka High Court in DCIT vs. Totgars Co-operative Sale Society Ltd. (2017) 83 taxmann.com 140, and concurred with the view that interest earned from co- operative banks would not qualify for deduction under section 80P(2)(d). 6. Before us, it has been submitted that the issue now stands squarely covered in favou…

HORIZON CO-OPERATIVE HOUSING SOCIETY LIMTED ,MUMBAI vs. ITO WARD 21(1)(4), MUMBAI

ITA 8468/MUM/2025[2013-14]Status: DisposedITAT Mumbai25 Feb 2026AY 2013-14

Bench: Shri Amit Shukla () & Shri Girish Agrawal () Ι.Τ.Α. Νο. 8468 & 8469/Mum/2025

Section 143(3)Section 2(19)Section 80PSection 80P(1)Section 80P(2)(d)Section 80P(4)

…since the matter was pending before the Tribunal, the claim could not be allowed. In appeal, the Ld. CIT(A) affirmed the disallowance by placing reliance upon the judgment of the Hon'ble Supreme Court in Mavilayi Service Co-operative Bank Ltd. vs. CIT (2021) 431 ITR 1 and the decision of the Hon'ble Karnataka High Court in DCIT vs. Totgars Co-operative Sale Society Ltd. (2017) 83 taxmann.com 140, and concurred with the view that interest earned from co- operative banks would not qualify for deduction under section 80P(2)(d). 6. Before us, it has been submitted that the issue now stands squarely covered in favour…

BARDC BANK,BHATKAL vs. NATIONAL E-ASSESSMENT CENTRE, DELHI

In the result, the two appeals filed by the assessee are partly allowed for statistical purposes

ITA 297/PAN/2024[2018-19]Status: DisposedITAT Panaji17 Feb 2026AY 2018-19

Bench: Shri Pavan Kumar Gadale & Shri G D Padmahshalii T A. Nos.296 & 297/Pan/2024 (A.Y. 2017-18 & 2018-19) Bardc Bank Bhatkal, Ito-Ward-1, Vs Pld Bank, Main Road, Santerikrupa, . Uttara Kannada, Kaigaroad, Bhatkal S.O. Habbuwada, Karnataka-581320. Karwar-581306, Karnataka. Pan .No. Aaaap1731G (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent)

Section 80P(2)(a)

…embers and therefore the claim u/sec 80P (2) (a) (i) under the Income tax act 1961 is not allowed. The Ld.AR relied on the decision of the Hon’ble Supreme Court in the case of Maviyali Service Co-operative Bank Ltd v CIT reported in 123 taxmann.com 161 (SC) / 431 ITR 1 (SC) has held that ,” when nominal members are defined in the governing law dealings with them are entitled for deduction u/s 80P.”. In the present case the nominal and associate members are recognized by the governing law i.e: The Goa Co-operative Societies Act 2001 and the bye laws of the society. The Ld.DR submitted that "If the society is found…

BARDC BANK,BHATKAL vs. INCOME TAX OFFICER, WARD - 1, KARWAR

In the result, the two appeals filed by the assessee are partly allowed for statistical purposes

ITA 296/PAN/2024[2017-18]Status: DisposedITAT Panaji17 Feb 2026AY 2017-18

Bench: Shri Pavan Kumar Gadale & Shri G D Padmahshalii T A. Nos.296 & 297/Pan/2024 (A.Y. 2017-18 & 2018-19) Bardc Bank Bhatkal, Ito-Ward-1, Vs Pld Bank, Main Road, Santerikrupa, . Uttara Kannada, Kaigaroad, Bhatkal S.O. Habbuwada, Karnataka-581320. Karwar-581306, Karnataka. Pan .No. Aaaap1731G (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent)

Section 80P(2)(a)

…embers and therefore the claim u/sec 80P (2) (a) (i) under the Income tax act 1961 is not allowed. The Ld.AR relied on the decision of the Hon’ble Supreme Court in the case of Maviyali Service Co-operative Bank Ltd v CIT reported in 123 taxmann.com 161 (SC) / 431 ITR 1 (SC) has held that ,” when nominal members are defined in the governing law dealings with them are entitled for deduction u/s 80P.”. In the present case the nominal and associate members are recognized by the governing law i.e: The Goa Co-operative Societies Act 2001 and the bye laws of the society. The Ld.DR submitted that "If the society is found…

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