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

Issues it is cited on

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

Uppinangady Catholic Multipurpose Co-Operative Society Ltd., Puttur vs. Income-Tax Officer, Ward-1, Puttur

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

ITA 292/BANG/2023[2016-17]Status: DisposedITAT Bangalore07 Jun 2023AY 2016-17

Bench: Shri George George Kassessment Year : 2016-17 M/S. Uppinangady Catholic Multipurpose The Income Tax Officer, Co-Operative Society Ltd., Ward - 1, Uppinangadi, Puttur Taluk, Vs. Puttur, D. K. District – 574 241. D. K. District – 574 201. Pan : Aaaau 8482 H Appellant Respondent Assessee By : Shri. Mahesh R. Uppin, Advocate Revenue By : Shri. Ganesh R. Ghale, Advocate – Standing Counsel For Revenue. Date Of Hearing : 07.06.2023 Date Of Pronouncement : 07.06.2023

For Appellant: Shri. Mahesh R. Uppin, AdvocateFor Respondent: Shri. Ganesh R. Ghale, Advocate – Standing Counsel for Revenue
Section 143(1)Section 80P(2)(a)Section 80P(2)(d)

…y the order of the AO, assessee preferred the appeal before the First Appellate Authority (FAA). Before the FAA, the assessee relied on the judgment of the Hon’ble Apex Court in the case of Mavilayi Service Co- operative Bank Ltd., & Ors. Vs. CIT, reported in 431 ITR 1. The CIT(A), however, rejected the contentions of the assessee and confirmed the view taken by the AO. The CIT(A) held that the assessee has not been able to prove how the dictum laid down in the case of Mavilayi Service Co-operative Bank Ltd., (supra) applies to the facts of the instant case. Further, the CIT(A) held that the interest income recei…

Rashtriya Chemicals and Fertilisers Employees Co-Op Credit Society, Mumbai vs. ITO, Ward-27(3)(1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 765/MUM/2023[2012-13]Status: DisposedITAT Mumbai30 May 2023AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Shri Prashant Maharishi, Am आयकर अपील सं/ I.T.A. No.765/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2012-13) Rashtriya Chemicals & बिधम/ The Ito, Ward-27(3)(1) Fertilisers Employees’ Co- Room No. 442, 4Th Floor, Vs. Op. Credit Society Tower No. 6, Vashi Type-1A/21 481/484, Railway Station Chembur, Mumbai-400074. Commercial Complex, Vashi, Navi Mumbai- 4000703. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaaar1076N (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Mayank Thosar Revenue By: Shri P. D. Chougule (Addl. Cit) सुनवाई की तारीख / Date Of Hearing: 24/05/2023 घोषणा की तारीख /Date Of Pronouncement: 30/05/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Rashtriya Chemicals & Fertilisers Employees Co-Operative Credit Society Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 12.01.2023 For The Assessment Year 2012-13. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) In Confirming The Action Of The Ao In Not Allowing The Deduction Claimed By The Assessee U/S 80P Of The Income Tax Act, 1961 (Hereinafter “The Act”) To The Tune Of Rs.99,59,604/-. 3. Brief Facts Of The Case Are That The Assessee Is A Credit Co- Operative Society Providing Credit Facilities To Its Members. The Assessee Filed Its Return Of Income On 27.09.2012 Declaring Total Income Of Rs.Nil. Later, The Case Of The Assessee Was Selected For Scrutiny Under Cass. & The Ao Noted That The Assessee Is A Co-

For Appellant: Shri Mayank ThosarFor Respondent: Shri P. D. Chougule (Addl. CIT)
Section 80PSection 80P(2)(a)Section 80P(4)

…ashtriya Chemical and Fertilisers Court in Annasaheb Patel (supra) has affirmed the view of the Hon’ble Bombay High Court by following the ratio laid down in the case of Mavilayi Service Co-operative Bank Limited and Others Vs. CIT, Calicut And Another (2021) 7 SCC 90 which order reversed the full bench decision of the Hon’ble Kerala High Court by holding as under: - “Feeling aggrieved and dissatisfied with the impugned order dated 14-10-2019 passed by the High Court of Judicature at Bombay in ITA No.933/2017, by which the High Court has dismissed the said appeal preferred by the Revenue, relying upon its earlier…