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

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

In the result, in view of judgment in ITA No

ITA 5827/MUM/2024[2021-22]Status: DisposedITAT Mumbai07 Jan 2025AY 2021-22

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…

Horizon Co-Oerative Housing Society Limited, Mumbai vs. ITO, 22(1)(7), Mumbai

Appeal of the assessee is allowed

ITA 5750/MUM/2024[2017-18]Status: DisposedITAT Mumbai07 Jan 2025AY 2017-18

Bench: Shri Anikesh Banerjee, Jm & Ms Padmavathy S, Am

For Respondent: Shri Hemanshu Joshi, Sr. DR

Section 2(19)Section 80PSection 80P(1)Section 80P(2)(d)

…hat 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 Horizon Co-operative Housing Society Ltd 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…

Jankalyan Gramin Bigarsheti Sahakari Pathsanstha Maryadit Asond, Ratnagiri vs. Income Tax Officer, Ratnagiri

In the result, the appeal of the assessee is allowed

ITA 2439/PUN/2024[AY 2020-21]Status: DisposedITAT Pune06 Jan 2025

Bench: Dr.Manish Borad

For Appellant: NoneFor Respondent: Shri Vinod Pawar

Section 143(3)Section 250Section 80PSection 80P(2)(a)Section 80P(2)(d)

…IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “SMC”, PUNE BEFORE DR.MANISH BORAD, ACCOUNTANT MEMBER आयकर अपील सं. / ITA No.2439/PUN/2024 Assessment Year : 2020-21 Jankalyan Gramin Bigarsheti ITO, Ward-1, Sahakari Pathsanstha Maryadit V/s Ratnagiri Asond, Jankalyan Gramin Coop Soc, A/P. Asond, Tal-Dapoli, Ratnagiri-415709, Maharashtra PAN : AAATJ8258P Appellant Respondent Assessee by : None Revenue by : Shri Vinod Pawar Date of hearing : 26.12.2024 Date of pronouncement : 06.01.2025 आदेश / ORDER PER DR. MANISH BORAD, ACCOUNTANT MEMBER : The captioned appeal pertaining to Assessment Year 2020- 21 at the i…

Manjari Housing Projects LLP, Maharashtra vs. The Deputy Director of Income Tax, Centralized Processing Centre, Bengaluru, Bandra Kurla Complex, Mumbai

Accordingly, we set aside the impugned order passed by the learned CIT(A) for the assessment year 2018-19. As a result, grounds raised by the assessee are allowed

ITA 3368/MUM/2024[2021-22]Status: DisposedITAT Mumbai01 Jan 2025AY 2021-22

Bench: Smt Beena Pillai, Jm & Ms Padmavathy S, Am

For Respondent: Shri Rajesh Sakhardande, SR-DR

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

…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…

Pallipuram Service Cooperative Bank Ltd No 1308, Pallippuram vs. ITO, Ward 2, Alappuzha/

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

ITA 772/COCH/2023[2021-22]Status: DisposedITAT Cochin30 Dec 2024AY 2021-22

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Sri.Alex Antony, CAFor Respondent: Smt.Leena Lal, Senior AR

Section 142(1)Section 56Section 80HSection 80PSection 80P(2)(a)Section 80P(2)(d)

…rative Rural Bank Ltd. (supra) and Tumkur Merchants Souharda Credit Co- operative Limited (supra).” 5 ITA No.772/Coch/2023. Pallipuram SCB Limited. 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…

Shree Yogeshwar Co. Op. Credit Soc. Ltd., Mehsana vs. The ITO, Ward-4 Present Ward-1, Patan

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

ITA 920/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad20 Dec 2024AY 2017-18

Bench: Ms. Suchitra Kambleassessment Year: 2017-18

Section 142(1)Section 143(2)Section 234BSection 80P

…ITA No.920/Ahd/2024 Assessment Year: 2017-18 Shree Yogeshwar Co. Op. Credit Society Limited Page 1 of 3 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “SMC” BENCH, AHMEDABAD BEFORE Ms. SUCHITRA KAMBLE, JUDICIAL MEMBER Assessment Year: 2017-18 Shree Yogeshwar Co. Op. Credit Income Tax Officer, Society Limited, Ward-4, Patan, At – Kahoda, Present Income Tax Officer, Post – Kahoda, Ward-1, Vs. Taluko – Unjha, Patan Dist. Mahesana – 384 130 Gujarat – 384 265. [PAN – AAAJS 1127 N] (Appellant) (Respondent) Assessee by Shri P.F. Jain, AR Revenue by Shri N.J. Vyas, Sr. DR Date of Hearing 03.12.2024 Date of Pronouncem…

Bombay City Postal Clerks Co-Op Credit Society Ltd., Mumbai vs. The Pr. CIT-20, Mumbai

In the result the appeal filed by the assessee stands allowed

ITA 771/MUM/2021[2017-18]Status: DisposedITAT Mumbai19 Dec 2024AY 2017-18

Bench: SMT BEENA PILLAI (Judicial Member), SMT RENU JAUHRI (Accountant Member)

For Appellant: RespondentFor Respondent: Shri Kailash C. Kanojiya, CIT DR

Section 142(1)Section 143(3)Section 260Section 263Section 80PSection 80P(2)Section 80P(4)

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI BEFORE SMT BEENA PILLAI, JUDICIAL MEMBER AND SMT RENU JAUHRI, ACCOUNTANT MEMBER Assessment Year: 2017-18 Bombay City Postal The Principle Clearks Co.op. Credit Commissioner of Income Society Ltd. Tax, Mumbai 20 3rd Floor, Room No. 418, Dadar Head Post Office, Vs. 4th Floor, Dr. Ambedkar Road, Piramal Chamber, Dadar, Lal Baug, Mumbai- 400014. Parel, PAN: AAAAB7476J Mumbai- 400012. Appellant : Respondent Present for: Assessee by : Shri Parag R. Potfode Revenue by : Shri Kailash C. Kanojiya, CIT DR Date of Hearing : 21.11.2024 Date of Pronouncement : 19.12.2024…

Alakode Coconut and Agricultural Marketing Cooperative Society Limited, Kannur vs. I T O, Ward-4, Kannur

ITA 571/COCH/2024[2019-20]Status: DisposedITAT Cochin18 Dec 2024AY 2019-20

Bench: Shri Waseem Ahmed & Shri Soundararajan K.

For Appellant: Shri Jai Krishnan, AdvocateFor Respondent: Smt. Girly Albert, Snr. DR

Section 119(2)Section 143(1)Section 80P

…of the Act for getting proper relaxation in filing the return of income belatedly. The Ld.AR further submitted that the issue is fully covered by the judgment of the Hon’ble Supreme Court in case of Mavilayi Service Co- operative Bank Ltd Vs. CIT reported in 431 ITR 1 (SC) and prayed to set aside the issue to the file of the Ld.AO for considering the issue afresh. Page 3 of 5 S.A. Nos. 76 & 77/Coch/2024 & ITA Nos. 570 & 571/Coch/2024 The Ld.DR relied on the orders of the Ld.CIT(A) and contended that unless and until the belated filing of the return has been condoned, the assessee is not entitled to claim deduc…

Alakode Coconut and Agricultural Marketing Cooperative Society Limited, Kannur vs. I T O Ward-4, Kannur

ITA 570/COCH/2024[2018-19]Status: DisposedITAT Cochin18 Dec 2024AY 2018-19

Bench: Shri Waseem Ahmed & Shri Soundararajan K.

For Appellant: Shri Jai Krishnan, AdvocateFor Respondent: Smt. Girly Albert, Snr. DR

Section 119(2)Section 143(1)Section 80P

Karikunnam Service Co-Operative Bank Ltd, Thodupuzha vs. ITO, Ward-1& Tps, Thodupuzha

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

ITA 364/COCH/2024[2017-2018]Status: DisposedITAT Cochin17 Dec 2024AY 2017-2018

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Assessment Year : 2017-18

For Appellant: Shri Arun Raj S, AdvocateFor Respondent: Smt. Girly Albert, Snr. DR

Section 142Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 80P(4)

…ubstantial, that the appellant is using the term 'bank' and therefore hit by section 80P(4) of the IT Act. In view of the subsequent developments including the judgment o' the Hon'ble Supreme Court in the case of Mavilayi Service Co- operative Bank Ltd V CIT [431 ITR 1 (SC)] and also the judgment of jurisdiction High Court of Kerala in the case of PCIT Vs Peroorkada Service C operative Bank Ltd reported in [2022] 134 taxmann.com 380 (Kerala), th CIT (Appeals) ought to have remanded to the assessing officer the issue o claim of deduction under section 80P of the Act and the eligibility an entitlement of deduction…

Sri. Gangashareshwara Souharda Pattina Sahakari Sangha Ni Gangavathi, Gangavathi vs. Income Tax Officer, Ward-1, Koppal

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

ITA 2050/BANG/2024[2014-15]Status: DisposedITAT Bangalore16 Dec 2024AY 2014-15

Bench: Shri Laxmi Prasad Sahu & Shri Prakash Chand Yadavassessment Year: 2016-17

For Appellant: Sri Deepak G., A.RFor Respondent: Sri Ganesh R Ghale, Standing Counsel for department

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

…red an appeal before the ld. CIT(A) and contended that assessee is entitled for the deduction u/s 80P(2)(d) of the Act or alternatively u/s 80P(2)(a)(i) of the Act. The ld. CIT(A) referring to the judgement of Mavilayi Service Co-operative Society reported in 431 ITR 1 and Citizen Co-operative Society and Banking Regulation Act has held that the assessee in the present case is not a member of any of the Co-operative bank from where it has earned interest income and hence, the assessee is not entitled for deduction of section 80P(2)(d) of the Act or alternatively section 80P(2)(a)(i) of the Act. 4. Aggrieved with…

Guruvayur Service Co Operative Bank Limited, Guruvayur vs. Income Tax Officer, Ward-1&Tps, Guruvayur

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

ITA 594/COCH/2024[2013-2014]Status: DisposedITAT Cochin12 Dec 2024AY 2013-2014

Bench: Shri Inturi Rama Rao, Am Assessment Year: 2013-14 Guruvayur Service Co-Op. Bank Ltd. Thaikkad, Thrissur 680104 [Pan: Aacag2120N] .......... Appellant Vs. The Income Tax Officer Ward - 1 & Tps, Guruvayur .......... Respondent Appellant By: Shri Ramdas, Ca Respondent By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 12.12.2024 Date Of Pronouncement: 12.12.2024

For Appellant: Shri Ramdas, CAFor Respondent: Smt. Leena Lal, Sr. D.R

Section 148Section 80P(2)(a)

…the file of the AO for de novo adjudication in accordance with law after affording reasonable opportunity of hearing to the assessee, following the ratio of decision of Hon'ble Supreme Court in the case of Mavilayi Service Co-operative Bank Ltd. v. CIT [2021] 431 ITR 1 (SC). 3 Guruvayur Service Co-op. Bank Ltd. 5. In the result, the appeal filed by the assessee stands allowed for statistical purposes. Order pronounced in the open court on 12th December, 2024 (INTURI RAMA RAO) ACCOUNTANT MEMBER Cochin, Dated: 12th December, 2024 n.p. Copy to: 1. The Appellant 2. The Respondent 3. The Pr. CIT concerned 4. The Sr…

Nilambur Service Co-Operative Bank Limited, Malappuram vs. ACIT, Circle-1, Triur

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

ITA 553/COCH/2024[2014-15]Status: DisposedITAT Cochin10 Dec 2024AY 2014-15

Bench: Shri Inturi Rama Rao, Am Assessment Year: 2014-15 Nilambur Service Co-Op. Bank Ltd. Edavanna, Akampadam Malappuram 679329 [Pan: Aaban8659C] .......... Appellant Vs. Asst. Commissioner Of Income Tax Circle - 1, Tirur .......... Respondent Appellant By: Shri Rishal K., Advocate Respondent By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 10.12.2024 Date Of Pronouncement: 10.12.2024

For Appellant: Shri Rishal K., AdvocateFor Respondent: Smt. Leena Lal, Sr. D.R

Section 143(3)Section 80P

…ile of the AO for de novo assessment in accordance with law after affording reasonable opportunity of hearing to the assessee following the ratio of the decision of the Hon'ble Supreme Court in the case of Mavilayi Service Co-operative Bank Ltd. v. CIT [2021] 431 ITR 1 (SC). 3 Nilambur Service Co-op. Bank Ltd. 8. In the result, the appeal filed by the assessee stands partly allowed. Order pronounced in the open court on 10th December, 2024 (INTURI RAMA RAO) ACCOUNTANT MEMBER Cochin, Dated: 10th December, 2024 n.p. Copy to: 1. The Appellant 2. The Respondent 3. The Pr. CIT concerned 4. The Sr. DR, ITAT, Cochin…

Trichur Dist Electricity Board Employees Co-Op Society Limited, Thrissur vs. ITO, Ward-2(1), Thrissur

In the result, the appeal filed by the assessee is allowed as indicated above

ITA 496/COCH/2024[2020-2021]Status: DisposedITAT Cochin10 Dec 2024AY 2020-2021

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Sri.Arun Raj, AdvocateFor Respondent: Smt.Leena Lal, Senior AR

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

…a 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 limit…

Bharananganam Service Co-Operative Bank Ltd. No. 4150, Bharananganam vs. National E-Assessment Centre, Delhi

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

ITA 470/COCH/2024[2020-2021]Status: DisposedITAT Cochin09 Dec 2024AY 2020-2021

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Sri.Josekutty Jacob, CAFor Respondent: Smt.Leena Lal, Senior AR

Section 57Section 80P(2)(a)Section 80P(2)(d)Section 80P(4)Section 8P(2)(a)

…e. 3. Aggrieved with the order of the AO, the assessee preferred an appeal before the learned CIT(A) and contended that the AO has wrongly interpreted the judgment of the Hon’ble Supreme Court in the case of Mavilayi Service Co-operative Bank Ltd. reported in 431 ITR 1 (SC). The assessee also draw the attention of the ld.CIT(A) towards the judgment of the Hon’ble Kerala High Court in the case of PCIT v. Peroorkada Service Co-operative Bank Ltd.and Vilappil Service Co-operative Bank Ltd. reported in 442 ITR 141 (Ker.) and Hon’ble Andhra Pradesh High Court in the case of The Citizen Co-operative Society Ltd. v. ACI…

Muzaffarnagar District Cooperative Bank Ltd., Muzaffarnagar vs. DCIT, Circle- 1, Muzaffarnagar

In the result, the appeals filed by the appellant are allowed and the order(s) of the Kerala High Court and other authorities to the contrary are set aside

ITA 1708/DEL/2018[2014-15]Status: HeardITAT Delhi05 Dec 2024AY 2014-15

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganeshita No. 1708/Del/2018 : Asstt. Year : 2015-16 Muzaffarnagar District Cooperative Vs Dcit, Bank Ltd., C/O Anil Deep & Company, Circle-1, 41/85, Sadar Bazar, Muzaffarnagar, Muzaffarnagar Uttar Pradesh-251001 (Appellant) (Respondent) Pan No. Aaaam4327P Assessee By : Sh. Sanjay Malik, Adv. Revenue By : Sh. Akhilesh Kumar Yadav, Sr. Dr Date Of Hearing: 02.12.2024 Date Of Pronouncement: 05.12.2024 Order Per Satbeer Singh Godara: This Assessee’S Appeal For Assessment Year 2015-16, Arises Against The Order Of Cit(A), Muzaffarnagar Dated 16.01.2018 In Case No. 9258-7434-250-717, In Proceedings U/S 143(3) Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Sh. Sanjay Malik, AdvFor Respondent: Sh. Akhilesh Kumar Yadav, Sr. DR

Section 143(3)Section 5Section 56Section 80PSection 80P(2)Section 80P(4)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’, NEW DELHI Before Sh. Satbeer Singh Godara, Judicial Member & Sh. M. Balaganesh, Accountant Member ITA No. 1708/Del/2018 : Asstt. Year : 2015-16 Muzaffarnagar District Cooperative Vs DCIT, Bank Ltd., C/o Anil Deep and Company, Circle-1, 41/85, Sadar Bazar, Muzaffarnagar, Muzaffarnagar Uttar Pradesh-251001 (APPELLANT) (RESPONDENT) PAN No. AAAAM4327P Assessee by : Sh. Sanjay Malik, Adv. Revenue by : Sh. Akhilesh Kumar Yadav, Sr. DR Date of Hearing: 02.12.2024 Date of Pronouncement: 05.12.2024 ORDER Per Satbeer Singh Godara, Judicial Member: This assessee’s appe…

M/S. Karkurisi Service Cooperative Bank Limited, Palakkad vs. ITO, Ward-2, Palakkad

ITA 569/COCH/2024[2016-17]Status: DisposedITAT Cochin29 Nov 2024AY 2016-17

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Sri.Shivadas Chettoor, CAFor Respondent: Smt.Leela Lal, Senior AR

Section 80P

…ed Counsel appearing on behalf of the assessee contended that the observation made by the Hon’ble Kerala High Court Full Bench in Mavilayi Service Co-operative Bank Ltd.(supra) has now been overruled by the Hon’ble Apex Court in its judgment rendered in(2021) 431 ITR 1 (SC). The learned Counsel for the assessee craved for one more opportunity before the A.O, for justifying its claim of the deduction u/s.80P, may kindly be granted to the assessee. 5. The learned Departmental Representative relied upon the orders of the authorities below. 6. We have heard the rival submissions and perused the material available o…