How many judgments cite Mavilayi Service Co-operative Bank Ltd. v. CIT?

999 judgments on BharatTax cite Mavilayi Service Co-operative Bank Ltd. v. CIT (431 ITR 1), spanning 2017 to 2026.

Which sections of the Income Tax Act does Mavilayi Service Co-operative Bank Ltd. v. CIT come up under?

It is most often cited in judgments turning on Section 80P(2)(d), Section 80P(4), Section 80P(2)(a)(i), Section 80P, Section 143(3), Section 250.

Mavilayi Service Co-operative Bank Ltd. v. CIT

431 ITR 1Supreme Court of India2021#42 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.

999

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 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 80P Section 143(3)Section 250 Section 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 70 section 80p(2)section 80p(2)(d)

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

Primary Agricultural Credit Co-Operative Society Limited, Tumkur vs. Income Ta Officer, Ward-2, Tumkur

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

ITA 2260/BANG/2024[2017-18]Status: DisposedITAT Bangalore28 Jan 2025AY 2017-18

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

For Appellant: Shri Prakash S Hegde, CA

Section 57Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 8o

…al members, we are in agreement with the argument advanced by the Ld.AR since the said issue was already settled in favour of the assessee by the Hon’ble Supreme Court in its judgment in the case of Mavilayi Service Co- operative Bank Ltd. vs. CIT reported in 431 ITR 1. Therefore the assessee is entitled for deduction u/s. 80P(2)(a)(i) of the Act on the interest income received from its members including from the nominal members since they are also members of the society as contemplated under the Karnataka Co- operative Societies Act. Even the byelaws of the society also accepted the said nominal members as membe…

Income Tax Officer, Ward-1 & Tps, Bagalkot vs. Jyoti Co-Op. Credit Society Limited, Opp. Sbi, Navanagar

ITA 2057/BANG/2024[2017-18]Status: DisposedITAT Bangalore28 Jan 2025AY 2017-18

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

For Appellant: Shri Ramesh V Mudhol, CAFor Respondent: Shri Parithivel .V, JCIT-DR

Section 56Section 68Section 80PSection 80P(2)(a)Section 80P(2)(d)

…he assessee’s bank account and therefore the addition u/s. 68 is not correct. The Ld.CIT(A) after considering the issue in detail and also by following the judgment of Hon’ble Supreme Court in case of Mavilayi Service Co-operative Bank Ltd. v. CIT reported in 431 ITR 1 allowed the deduction claimed u/s. 80P(2)(a)(i) of the Act as well as the deduction claimed u/s. 80P(2)(d) of the Act on the interest received from the co- operative banks. Insofar as the interest earned on the deposits held with the other banks, the Ld.CIT(A) had directed the AO to assess the said incomes u/s. 56 of the Act. Insofar as the additio…

The Belthangady Co-Operative Agricultural Sangha Limited, Belthangady vs. Income Tax Officer, Ward-1, Puttur

ITA 1943/BANG/2024[2017-18]Status: DisposedITAT Bangalore28 Jan 2025AY 2017-18

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Shri Krishna Kantila, C.AFor Respondent: Shri Ganesh R Ghale, Standing Counsel for Dept

Section 18Section 2Section 80PSection 80P(2)(a)

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH, BANGALORE BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SHRI KESHAV DUBEY, JUDICIAL MEMBER ITA No. 1927 & 1943/Bang/2024 Assessment Years : 2017-18 & 2018-19 The Belthangady Co-operative Vs. The Income Tax Officer, Agricultural Sangha Limited, Ward - 1, Puttur. Court Road, Belthangady – 574 214. . PAN – AAAJB 0230 D APPELLANT RESPONDENT Assessee by : Shri Krishna Kantila, C.A Revenue by : Shri Ganesh R Ghale, Standing Counsel for Dept. (DR) Date of hearing : 20.01.2024 Date of Pronouncement : 28.01.2025 O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER: Thes…

The Belthangady Co-Operative Agricultural Sangha Limited, Belthangady vs. Income Tax Officer, Ward-1, Puttur

In the result appeal of the assessee is hereby partly allowed for

ITA 1927/BANG/2024[2018-19]Status: DisposedITAT Bangalore28 Jan 2025AY 2018-19

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Shri Krishna Kantila, C.AFor Respondent: Shri Ganesh R Ghale, Standing Counsel for Dept

Section 18Section 2Section 80PSection 80P(2)(a)

…IN THE INCOME TAX APPELLATE TRIBUNAL 'B' BENCH, BANGALORE BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SHRI KESHAV DUBEY, JUDICIAL MEMBER ITA No. 1927 & 1943/Bang/2024 Assessment Years : 2017-18 & 2018-19 The Belthangady Co-operative Agricultural Sangha Limited, Court Road, Belthangady – 574 214. Vs. The Income Tax Officer, Ward - 1, Puttur. PAN – AAAJB 0230 D APPELLANT RESPONDENT Assessee by : Shri Krishna Kantila, C.A Revenue by : Shri Ganesh R Ghale, Standing Counsel for Dept. (DR) Date of hearing : 20.01.2024 Date of Pronouncement : 28.01.2025 ORDER PER WASEEM AHMED, ACCOUNTANT MEMBER: These appeals filed…

The West Eleri Service Co-Operative Bank Ltd No.62 F F, Kottamala vs. Income Tax Officer Ward 2, Kasaragod

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

ITA 688/COCH/2023[2017-18]Status: DisposedITAT Cochin27 Jan 2025AY 2017-18

Bench: Shri Inturi Rama Rao & Shri Soundararajan K.

For Appellant: Smt. Leena Lal, Snr. ARFor Respondent: Shri George Thomas, CA

Section 80P(2)(a)

…mbers and also to the non-agricultural activities. Challenging the said order, the assessee field an appeal before the Ld.CIT(A) and relied on the judgement of the Hon’ble Supreme Court in the case of Mavilayi Service Co-operative Bank Ltd. v. CIT reported in 431 ITR 1. The Ld.CIT(A) had dismissed the appeal for the reason that the assessee had not submitted details of the interest received on the loans given to non-members. As against the said order, the assessee is in appeal before this Tribunal. 4. At the time of hearing, the Ld.AR submitted that the Ld.CIT(A) had not considered the submissions made before it…

The West Eleri Service Co-Operative Bank Ltd No.62 Ff, Kottamala vs. Income Tax Officer Ward 2, Kasaragod

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

ITA 687/COCH/2023[2015-16]Status: DisposedITAT Cochin27 Jan 2025AY 2015-16

Bench: Shri Inturi Rama Rao & Shri Soundararajan K.

For Appellant: Smt. Leena Lal, Snr. ARFor Respondent: Shri George Thomas, CA

Section 80P(2)(a)

Vilavattam Service Co-Operative Bank Ltd No 337, Thrissur vs. Income Tax Officer, Ward 2(3), Thrissur

The appeal of the assessee stands allowed

ITA 682/COCH/2023[2012-13]Status: DisposedITAT Cochin27 Jan 2025AY 2012-13

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm

For Appellant: ------- None -------For Respondent: Smt. Leena Lal, Sr. D.R

Section 139Section 143(3)Section 148Section 80PSection 80P(2)(a)Section 80P(4)

…h Court in the case of Mavilayi Service Co-op. Bank Ltd. (supra). We find that the Full Bench decision of the Hon'ble Kerala High Court was overruled by the Hon'ble Supreme Court in the case of Mavilayi Service Co-operative Bank Ltd. v. CIT reported in [2021] 431 ITR 1 (SC) wherein it was held that once a co-operative society is registered as a primary co-operative society so long as it does not enjoy any licence from the Reserve Bank of India to carry out business of banking’ the co-operative society cannot be treated as a co-operative bank, the AO cannot possibly go into the question whether the society continu…

Vilavattam Service Co-Operative Bank Ltd No 337, Thrissur vs. Income Tax Officer, Ward 2(4), Thrissur

The appeal of the assessee stands allowed

ITA 675/COCH/2023[2010-11]Status: DisposedITAT Cochin27 Jan 2025AY 2010-11

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm

For Appellant: ------- None -------For Respondent: Smt. Leena Lal, Sr. D.R

Section 139Section 143(3)Section 148Section 80PSection 80P(2)(a)Section 80P(4)

Vilavattam Service Co-Operative Bank Ltd No 337, Thrissur vs. Income Tax Officer, Ward 2(3), Thrissur

The appeal of the assessee stands allowed

ITA 656/COCH/2023[2016-17]Status: DisposedITAT Cochin27 Jan 2025AY 2016-17

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm

For Appellant: ------- None -------For Respondent: Smt. Leena Lal, Sr. D.R

Section 139Section 143(3)Section 148Section 80PSection 80P(2)(a)Section 80P(4)

Vellanikkara Service Co Operative Bank, Thrissur vs. Income Tax Officer Ward 2(1), Thrissur

In the result, appeal filed by the assessee is dismissed

ITA 846/COCH/2023[2018-19]Status: DisposedITAT Cochin23 Jan 2025AY 2018-19

Bench: Shri Inturi Rama Rao, Am Assessment Year: 2018-19 Vellanikkara Service Co-Op. Bank Ltd. .......... Appellant Madakathara, Thrissur 680651 [Pan: Aaaav7463M] Vs. The Income Tax Officer .......... Respondent Ward - 2(1), Thrissur Appellant By: ------- None ------- Respondent By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 17.01.2025 Date Of Pronouncement: 23.01.2025 O R D E R This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 22.08.2023 For Assessment Year (Ay) 2018-19. 2. The Appellant Is A Primary Agricultural Co-Operative Society Registered Under The Kerala State Co-Operative Societies Act, 1969. The Appellant Filed The Return Of Income For Ay 2018-19 On 27.10.2018 Declaring Nil Income After Claiming Deduction U/S. 80P Of The Income Tax Act, 1961 (The Act) Of Rs. 3,99, 21,348/-. Against The Said Return Of Income, The Assessment Was Completed By The Income Tax Officer, Ward -2(1), Thrissur (Hereinafter Called "The Ao") Vide Order Dated 03.03.2021 Passed U/S. 143(3) Of The Act At A 2 Vellanikkara Service Co-Op. Bank Ltd. Total Income Of Rs. 4,11,71,348/- Denying Deduction U/S. 80P Of The Act.

For Appellant: ------- None -------For Respondent: Smt. Leena Lal, Sr. D.R

Section 143(3)Section 36(1)Section 40A(7)Section 80P

…of the Act. 3. Being aggrieved, an appeal was filed before the CIT(A), who vie order dated 22.08.2023 allowed the claim u/s. 80P of the Act following the judgement of the Hon'ble Supreme Court in the case Mavilayi Service Co-operative Bank Ltd. v. CIT [2021] 431 ITR 1 (SC). However, he proceeded to hold that the income generated from the services rendered to non-members would not be eligible for deduction u/s. 80P of the Act. 4. Being aggrieved, the appellant filed the present appeal raising the following grounds of appeal: - “1. With reference to the Ld. AO's order Giving Effect to the Honorable Commissioner…

Mannam Service Co-Operative Bank Ltd, Ernakulam vs. ITO, Ernakulam

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

ITA 667/COCH/2024[2020-21]Status: DisposedITAT Cochin22 Jan 2025AY 2020-21

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: --- None ---For Respondent: Smt.Leena Lal, Sr.AR

Section 56Section 80HSection 80PSection 80P(2)(a)

…taka High Courts respectively in The Vavveru Co-operative Rural Bank Ltd. (supra) and Tumkur Merchants Souharda Credit Co-operative Limited (supra).” 9. While interpretating the provisions of section 80-P Hon’ble Apex Court in the case of Mavilayi reported in 431 ITR 1(SC) has observed as under:- “Section 80P of the IT Act, being a benevolent provision enacted by Parliament to encourage and promote the credit of the co-operative sector in general must be read liberally and reasonably, and if there is ambiguity, in favour of the assessee. A deduction that is given without any reference to any restriction or limita…

Ayyanad Service Cooperative Bank Limited No 2565, Ernakulam vs. DCIT Corporate Cir 1(1), Ernakulam

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

ITA 48/COCH/2024[2018-19]Status: DisposedITAT Cochin22 Jan 2025AY 2018-19

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Sri.Amaljit CAFor Respondent: Smt.Leenalal, Sr.AR

Section 56Section 80HSection 80PSection 80P(2)(a)Section 80P(2)(d)

Sai Ankur Co-Operative Housing Society Ltd, Mumbai vs. Income Tax Office- Ward 41(3)(4), Mumbai

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

ITA 5989/MUM/2024[2021-22]Status: DisposedITAT Mumbai22 Jan 2025AY 2021-22

Bench: Shri Narender Kumar Choudhryassessment Year: 2021-22

For Appellant: Shri Abhishek Choksy, Ld. A.RFor Respondent: Shri Gotimukul Santosh Kumar, Sr. D.R

Section 143(1)Section 2(19)Section 250Section 70Section 80PSection 80P(1)Section 80P(2)(d)

…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 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 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…

Dreamland Co Operative Housing Society Limited, Vashi vs. CIT (A), National Faceless Appeal Centre

In the result, the appeal of the Assessee is allowed

ITA 6111/MUM/2024[2019-20]Status: DisposedITAT Mumbai16 Jan 2025AY 2019-20

Bench: Shri Narender Kumar Choudhryassessment Year: 2019-20

For Appellant: Shri Shashikant Joshi, Ld. A.RFor Respondent: Shri Kiran Unavekar, Ld. Sr. D.R

Section 154Section 250Section 80PSection 80P(1)Section 80P(2)(d)

…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…

Ottar Karattupalayam Mpcs Ltd., Erode vs. ITO, Ward-2(1), Erode

In the result, appeal filed by the assessee is allowed

ITA 2135/CHNY/2024[2021-22]Status: DisposedITAT Chennai15 Jan 2025AY 2021-22

Bench: Shri Aby T. Varkey & Shri Jagadish

For Appellant: Mr. P.K. Senthil Kumar

Section 143(1)Section 4Section 80PSection 80P(2)Section 80P(2)(b)Section 80P(2)(d)

…on its deposits) possess a license from the RBI to do banking business with the public; and for such a proposition, we rely on the decision of the Hon’ble Supreme Court in the case of Mavilayi Service Co-operative Bank Ltd. & Othrs. V. CIT reported in [2021] 431 ITR 1 (SC); and since, it is not the case of the Ld.CIT(A) that the Co-operative Societies/Bank from whom the assessee has derived interest had possessed license from RBI to do banking business, we are unable to uphold the impugned action of the Ld.CIT(A). Therefore, we hold that unless the assessee earns interest income from a Co-operative Bank which po…

Nand Bhuvan Ind Primises Co-Op Soc Ltd, Mumbai vs. ITO Ward-24(3)(1), Mumbai

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

ITA 6010/MUM/2024[2017-18]Status: DisposedITAT Mumbai14 Jan 2025AY 2017-18

Bench: Shri Narender Kumar Choudhryassessment Year: 2017-18

For Appellant: Ms. Kinjal Bhuta, Ld. A.RFor Respondent: Shri Kiran Unavekar, Ld. Sr. D.R

Section 143(3)Section 2(19)Section 250Section 70Section 80PSection 80P(1)Section 80P(2)(d)

Udupi Taluk Protestant Christian Credit Co-Operative Society Limited, Udupi vs. Income Tax Officer, Ward-1, Udupi

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

ITA 2321/BANG/2024[2018-19]Status: HeardITAT Bangalore09 Jan 2025AY 2018-19

Bench: Shri Waseem Ahmed & Shri Prakash Chand Yadavassessment Year: 2018-19

For Appellant: Sri Mahesh R Uppin, A.RFor Respondent: Ms. Neha Sahay, D.R

Section 56Section 80PSection 80P(2)(d)

…has erred in making a distinction between members and non-members while framing the assessment. The ld. D.R. averted that the AO has failed to take cognizance of the judgement of Hon’ble Supreme Court in the case of Mavilayi Co-operative Bank Ltd. reported in 431 ITR 1. 5. After considering the rival submissions, we are of the view that the issue involved in the present appeal requires fresh consideration at the end of ld. CIT(A) in as much as the ld. CIT(A) has not at all dealt with all the contentions and the material available on record in a judicious manner. Therefore, in the interest of justice, we remit Udu…

Udupi Taluk Protestant Christian Credit Co-Operative Society Limited, Udupi vs. Income Tax Officer, Ward-1, Udupi

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

ITA 1752/BANG/2024[2017-18]Status: DisposedITAT Bangalore09 Jan 2025AY 2017-18

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K.Assessment Year : 2017-18

For Respondent: Shri Mahesh .R. Uppin

Section 18Section 2Section 40Section 40A(7)(b)Section 56Section 57Section 60Section 80PSection 80P(2)(a)

…the disallowance made by the AO is in accordance with the provision. As against the said order of the Ld.CIT(A), the assessee is in appeal before this Tribunal. 4. At the time of hearing, the Ld.AR filed the judgment of the Hon’ble Supreme Court reported in 431 ITR 1 (SC) in the case of Mavilayi Co- operative Bank Ltd. and also filed a copy of the judgement of the Hon’ble Jurisdictional High Court made in ITA 211/2019 dated 29/09/2021 in the case of Sri Laxmi Venkatesh Credit Co-op. Society Ltd. vs. PCIT and Anr. and prayed to allow the appeal insofar as the disallowance of deduction claimed u/s. 80P(2)(a)(i) o…

Reliance Industries Emp Co. Op. Chs, Raigad vs. ITO Ward 4, Panvel

In the result, appeal of the assessee is allowed

ITA 2486/PUN/2024[2020-21]Status: DisposedITAT Pune08 Jan 2025AY 2020-21

Bench: DR.DIPAK P. RIPOTE (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

Section 250Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(2)(d)

…h various Co- operative banks and other financial institutions. 4. The learned CIT(A) NFAC erred in law and on facts in not appreciating that Supreme Court in the case of The Mavilayi Service Co-Operative Bank Ltd. & ORS. Vs. Commissioner of Income Tax (2021) 431 ITR 1 (SC) has held that interest earned by a Co-operative Society from a Co-operative bank is entitled for deduction u/s. 80P(2)(d) of ITA, 1961. 5. The learned CIT(A), NFAC erred in law and on facts in not appreciating that various courts have held that deduction u/s 80P(2) (d) of the ITA, 1961 is allowable to credit co- Operative society (i.e. Pathsan…

Laxmikant Co-Operative Housing Society Ltd, Mumbai vs. DCIT, Circle 22(1), Mumbai

In the result, in view of judgment in ITA No

ITA 5828/MUM/2024[2020-21]Status: DisposedITAT Mumbai07 Jan 2025AY 2020-21

Bench: Shri Narender Kumar Choudhryassessment Year: 2021-22

For Appellant: Shri Vidyadhar N. Khandekar, Ld. C.AFor Respondent: Shri Gotimukul Santosh Kumar, Sr. D.R

Section 143(1)Section 250Section 80PSection 80P(2)(d)

…ection 80P(2Xd) 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…