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

The Keri Urban Co-Op. Credit Society Ltd., Keri, Goa vs. The Income Tax Officer, Ward-2(3), Panaji

Appeal is allowed in above terms

ITA 140/PAN/2019[2015-16]Status: DisposedITAT Panaji19 Dec 2022AY 2015-16

Bench: Shri Satbeer Singh Godara

For Appellant: Shri S.J. KamatFor Respondent: Smt. Neelima Nadkarni, Sr.DR

Section 143(3)Section 40Section 80PSection 80P(2)(a)Section 80P(2)(d)

…perative credit society. The Revenue’s case is that this assessee is in fact a co-operative bank not entitled for the impugned deduction. I find that the hon'ble apex court’s recent landmark decision in Mavilayi Service Co-operative Bank Ltd., vs., CIT [2021] 431 ITR 1 (SC) has settled the issue in assessee’s favour and against the department that it is the concerned taxpayer’s registration as an eligible co- operative credit society which forms the decisive factor. The assessee succeeds in its instant first and foremost argument therefore. 5. Next comes the second issue of interest income derived from deposits…

Padubidri Co Operative Agricultural Society (N) vs. The National Faceless Assessment Centre

In the result, I pass the following:

WP/23989/2022HC Karnataka09 Dec 2022

Bench: The Hon'Ble Mr.Justice S.R.Krishna Kumar

Section 142(1)Section 143(3)Section 144BSection 156Section 270ASection 80Section 80P

…1 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2022 BEFORE THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR WRIT PETITION No.23989 OF 2022 (T-IT) BETWEEN: PADUBIDRI CO-OPERATIVE AGRICULTURAL SOCIETY (N) REP. BY ITS CHIEF EXECUTIVE OFFICER MRS. NISHMITHA P.H. D/O SRI HARISH PADUBIDRE RAJU AGED ABOUT 28 YEARS OFFICE AT NO.1, HEAD OFFICE PADUBIDRI, UDUPI 574111 ...PETITIONER (BY SRI. S. ANNAMALAI, ADVOCATE) AND: 1 . THE NATIONAL FACELESS ASSESSMENT CENTRE REP. BY ADDL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX / INCOME TAX OFFICER, INCOME…

Pannivizha Service Co Operative Bank Ltd., Adoor vs. ITO Ward 2, Kollam

The appeal stand allowed for statistical purposes

ITA 421/COCH/2022[2017-2018]Status: DisposedITAT Cochin30 Nov 2022AY 2017-2018

Bench: Hon’Ble Shri Satbeer Singh Godara, J.M & Hon’Ble Shri Manoj Kumar Aggarwal, A.M

For Appellant: NoneFor Respondent: Smt.J.M. Jamuna Devi (Addl.CIT) – Ld. DR

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

…before us. 3. We find that that aforesaid decision of Hon’ble High Court of Kerala, which has led Ld. AO to deny the deduction u/s 80P(2)(a)(i), stood reversed by Hon’ble Supreme Court in The Mavilayi Service ITA Nos.11 & 421/Coch/2022 Cooperative Bank Ltd. (431 ITR 1). The concluding part of the decision read as under: - 45. To sum up, therefore, the ratio decidendi of Citizen Co-operative Society Ltd. (supra), must be given effect to. 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 an…

Pannivizha Service Co-Operative Bank, Adoor vs. ITO, Kollam

The appeal stand allowed for statistical purposes

ITA 11/COCH/2022[2019-2020]Status: DisposedITAT Cochin30 Nov 2022AY 2019-2020

Bench: Hon’Ble Shri Satbeer Singh Godara, J.M & Hon’Ble Shri Manoj Kumar Aggarwal, A.M

For Appellant: NoneFor Respondent: Smt.J.M. Jamuna Devi (Addl.CIT) – Ld. DR

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

Calicut City Service Co-Operative Bank Ltd, Calicut vs. The ITO Ward-1(1), Kozhikode

The appeal stands dismissed

ITA 102/COCH/2022[2017-18]Status: DisposedITAT Cochin30 Nov 2022AY 2017-18

Bench: Hon’Ble Shri Satbeer Singh Godara, J.M & Hon’Ble Shri Manoj Kumar Aggarwal, A.M

For Appellant: NoneFor Respondent: Shri M. Rajasekhar (CIT) – Ld. DR

Section 143(3)Section 263Section 80PSection 80P(2)(a)

…ing the assessment. The same were in the nature of contingent liability and not allowable. Accordingly, Ld. AO was directed to verify the stated issue in the light of decision of Hon’ble Supreme Court in the case of The Mavilayi Service Cooperative Bank Ltd. (431 ITR 1). Aggrieved, the assessee is in further appeal before us. 4. Upon perusal of record, the undisputed position that emerges is that the issue flagged by revisional authority was not verified by Ld. AO during the course of assessment proceedings. The Ld. AO has relied upon the decision of Hon’ble High Court of Kerala in The Mavilayi Service Cooperativ…

The Bhagwati Urban Co-Op. Credit Society Ltd., Pernem vs. The Income Tax Officer, Ward-2(3), Panaji

The appeals of the assessee are allowed

ITA 46/PAN/2021[2017-18]Status: DisposedITAT Panaji24 Nov 2022AY 2017-18

Bench: Shri Satbeer Singh Godara

For Appellant: Shri Rajendra BhobeFor Respondent: Shri N. Shrikant

Section 143(1)Section 80PSection 80P(2)(d)Section 80P(4)Section 8O

…learned lower authorities findings’ that this assessee is not a cooperative credit society but a cooperative bank, the Learned DR could hardly dispute that hon'ble apex court recent landmark decision in Mavilayi Service Co-operative Bank Ltd., vs., CIT [2021] 431 ITR 1 (SC) has settled the law that even such a registered cooperative society is also entitled fsor the impugned deduction. The legal position would be hardly any different qua the latter issue of interest income derived from cooperative banks u/s. 80P(4) wherein this tribunal’s recent coordinate bench common order in ITA.Nos.170 & 171/Pune/2018 dated 0…

Bellad Bagewadi Krishni Seva Sahakari Bank Ltd., Belgaum vs. ITO (Ward) 1(3), Belgaum

Appeal is allowed in above terms

ITA 260/PAN/2019[2009-10]Status: DisposedITAT Panaji21 Nov 2022AY 2009-10

Bench: Shri Satbeer Singh Godara

For Appellant: Shri Praveen P GhaliFor Respondent: Shri N. Shrikant

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

…ed deduction as the said interest payer was not a member of the society. I find that the issue of such a membership is no more res integra in the light of hon’ble apex court recent landmark decision in Mavilayi Service Co- operative Bank Ltd., vs., CIT [2021] 431 ITR 1 (SC) wherein their lordships have rejected the Revenue’s identical stand seeking to create a distinction between nominal and regular members of an eligible society. This is not the Revenue’s case raised during the course of hearing that M/s. Vishwanath Sugars Ltd., is otherwise not a member of this assessee society or its membership violates the pr…

The Thanjavur District Co Op Milk Producers Union Limited, Thanjavur vs. ACIT, Circle2(1), Trichy

In the result, appeal of the Assessee is Allowed

ITA 404/CHNY/2022[2017-18]Status: DisposedITAT Chennai21 Nov 2022AY 2017-18

Bench: Shri Mahavir Singh, Vice- & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.404/Chny/2022 िनधा"रणवष" / Assessment Year : 2017-18 The Thanjavur District Co Op The Principal Milk Producers Union Limited, Vs Commissioner Of Income No.1, Nanjikottai Road, Tax-1, Madurai. Thanjavur – 613006. Pan: Aaaat 0224 E Appellant/ Assessee Respondent /Revenue Assessee By K.Meenakshisundaram - Itp Revenue By Shri M.Rajan – Cit(Dr) Date Of Hearing 23/08/2022 Date Of Pronouncement 21/11/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Appellant Assessee Against The Order U/S 263 Of The Income Tax Act (Act) Of The Principal Commissioner Of Income Tax Madurai-1, Dated 26/03/2022 For A.Y. 2017-18. The Assessee Has Raised Following Grounds Of Appeal: “The Order Under Section 263 Of The Income Tax Act Dated 26/3/2022 Received By The Appellant On 1/4/2022 Is Objected To On The Following Grounds Of Appeal. 1. The Learned Principal Commissioner Madurai Erred In Setting Aside The Valid Order Passed By The Assisstant Commissioner Of Income Tax Circle-2(1) Trichy Dated 5/11/2019 For The Assessment Year 2017- 2018 Under Section 263 On Mere Assumptions & Presumptions That The Order Had Been Erroneous & Prejudicial To The Interest Of Revenue. 2. The Learned Principal Commissioner Misdirected Himself That The Valid Order Passed By The Assisstant Commissioner Was Erroneous & Prejudicial To The Interest Of Revenue Simply For The Reason That The

Section 263Section 80Section 80PSection 80P(2)Section 80P(2)(d)Section 80P(2)(e)

…आयकर अपीलीय अिधकरण चे"ई “सी” "ायपीठ म"। IN THE INCOME TAX APPELLATE TRIBUNAL, CHENNAI BENCHES “C” : CHENNAI BEFORE SHRI MAHAVIR SINGH, VICE-PRESIDENT AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER आयकरअपीलसं. / ITA No.404/CHNY/2022 िनधा"रणवष" / Assessment Year : 2017-18 The Thanjavur District Co Op The Principal Milk Producers Union Limited, Vs Commissioner of Income No.1, Nanjikottai Road, Tax-1, Madurai. Thanjavur – 613006. PAN: AAAAT 0224 E Appellant/ Assessee Respondent /Revenue Assessee by K.Meenakshisundaram - ITP Revenue by Shri M.Rajan – CIT(DR) Date of hearing 23/08/2022 Date of pronouncement 21/11/2022 आदेश…

Shri Gopalkrishna Co-Operative Credit Society Limited, Bhatkal vs. Income Tax Officer, Ward - 1, Karwar

In the result, the appeal is allowed

ITA 215/PAN/2019[2016-17]Status: DisposedITAT Panaji16 Nov 2022AY 2016-17

Bench: Shri R.S. Syalआयकर अपील सं. /Ita No.215/Pan/2019 "नधा"रण वष" / Assessment Year : 2016-17

Section 16Section 80P(2)Section 80P(2)(a)

…IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, PANAJI (AT e-Court, PUNE) BEFORE SHRI R.S. SYAL, VICE PRESIDENT आयकर अपील सं. /ITA No.215/PAN/2019 "नधा"रण वष" / Assessment Year : 2016-17 Gopalakrishna Cooperative Vs. ITO, Ward-1, Society Ltd., Karwar Car Street, Bhatkal, North Karnataka – 581 320 PAN : AAIAS8394Q Appellant Respondent Assessee by Shri Ravish Rao Revenue by Shri N. Srikanth, Sr. DR Date of hearing 15-11-2022 Date of pronouncement 16-11-2022 आदेश / ORDER PER R.S. SYAL, VP: This appeal by the assessee is directed against the order passed by the CIT(A), Mangaluru on 30-03-2019 in relation to the as…

The Karnataka State Government Employees Multipurpose Co-Operative Society Limited, Athni vs. Income Tax Officer, Ward - 1(4), Belagavi

In the result, the appeal is allowed

ITA 194/PAN/2019[2015-16]Status: DisposedITAT Panaji16 Nov 2022AY 2015-16

Bench: Shri R.S. Syalआयकर अपील सं. /Ita No.194/Pan/2019 "नधा"रण वष" / Assessment Year : 2015-16

Section 16Section 80P(2)Section 80P(2)(a)

…IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, PANAJI (AT e-Court, PUNE) BEFORE SHRI R.S. SYAL, VICE PRESIDENT आयकर अपील सं. /ITA No.194/PAN/2019 "नधा"रण वष" / Assessment Year : 2015-16 The Karnataka State Govt. Vs. ITO, Ward-1(4), Employee Multipurpose Co- Belagavi operative Society Limited, Near Govt. Veterinary Hospital, Tal. Athani, Dist. Belagavi Karnataka – 591 304 PAN : AABAK0154D Appellant Respondent Assessee by Shri Chetan Chougule Revenue by Shri N. Srikanth, Sr. DR Date of hearing 15-11-2022 Date of pronouncement 16-11-2022 आदेश / ORDER PER R.S. SYAL, VP: This appeal by the assessee is directed aga…

Mahaveer Co-Operative Credit Society Limited, Alagur, Bagalkot vs. Income Tax Officer, Ward - 2, Bagalkot

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

ITA 9/PAN/2019[2012-13]Status: DisposedITAT Panaji10 Nov 2022AY 2012-13

Bench: Shri Inturi Rama Raoआयकर अपील सं. / Ita No.09/Pan/2019 िनधा"रण वष" / Assessment Year: 2012-13 Mahaveer Co-Operative Vs. Ito, Ward-2, Bagalkot. Credit Society Limited, Post : Alagur, Taluka : Jamakhandi, Dist. Bagalkot- 587301. Pan : Aabam6275F Appellant Respondent Assessee By : Shri Pramod Y. Vaidya Revenue By : Shri N. Shrikanth Date Of Hearing : 09.11.2022 Date Of Pronouncement : 10.11.2022 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals), Hubballi [‘The Cit(A)’] Dated 26.11.2018 For The Assessment Year 2012-13. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. On The Facts & Circumstances Of The Case & In Law The Learned Cit(A) Erred In Disallowing The Deduction U/S 80P(2)(A)(I) Of The Act, In Respect Of Income Earned From Associate Members/ Nominal Members. The Cit(A) Erred In Not Appreciating That — I) The Citizen’S Case Is Distinguishable On Facts As In The Present Case The Dealings Are With Members & There Are No Dealings With Public At Large.

For Appellant: Shri Pramod Y. VaidyaFor Respondent: Shri N. Shrikanth

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

…category of a “member” as provided in the Karnataka Co-operative Societies Act, 1959 and bye-laws of the society, if so, allow the exemption u/s 80P(2)(a)(i) as held by the Hon’ble Supreme Court in the case of Mavilayi Service Co-operative Bank Ltd. vs. CIT, 431 ITR 1 (SC). Thus, the matter stands remanded to the file of the Assessing Officer for fresh adjudication in accordance with law. Hence, the grounds of appeal raised by the appellant stand partly allowed for statistical purposes. 5 9. In the result, the appeal filed by the assessee stands partly allowed for statistical purposes. Order pronounced on this…

M/S. Bhavasar Kshatriya Co-Operative Credit Society Limited, Hubballi vs. Assistant Director of Income Tax, CPC, Bangalore

In the result, all the three appeals filed by assessee stands allowed for statistical purposes

ITA 583/BANG/2022[2019-20]Status: DisposedITAT Bangalore19 Oct 2022AY 2019-20

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Appeal No. Appellant Respondent Year The Income-Tax

For Appellant: Smt. Pratibha, Advocate

Section 56Section 57Section 80PSection 80P(2)(a)Section 80P(2)(d)

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH : BANGALORE BEFORE SMT. BEENA PILLAI, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER Assessment Appeal No. Appellant Respondent Year The Income-tax ITA No. Officer, M/s. Bhavasar 2015-16 581/Bang/2022 Ward -3(3), Kshtriya Co- operative Credit Hubballi. Society Ltd., The Income-tax ITA No. Radhakrishna Officer, 2017-18 582/Bang/2022 Galli, Ward – 1(1), Durgad Bail, Hubballi. Hubballi – 580 The Assistant 020. Director of ITA No. PAN: Income Tax, 2019-20 583/Bang/2022 AAAJB0915D CPC, Bengaluru. Assessee by : Smt. Pratibha, Advocate : Smt. Priyadarshini Re…

M/S. Bhavasar Kshatriya Co-Operative Credit Society Limited, Hubballi vs. Income Tax Officer Ward-1(1), Hubballi

In the result, all the three appeals filed by assessee stands allowed for statistical purposes

ITA 582/BANG/2022[2017-18]Status: DisposedITAT Bangalore19 Oct 2022AY 2017-18

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Appeal No. Appellant Respondent Year The Income-Tax

For Appellant: Smt. Pratibha, Advocate

Section 56Section 57Section 80PSection 80P(2)(a)Section 80P(2)(d)

M/S. Bhavasar Kshatriya Co-Operative Credit Society Limited, Hubballi vs. Income Tax Officer Ward-3(3), Hubballi

In the result, all the three appeals filed by assessee stands allowed for statistical purposes

ITA 581/BANG/2022[2015-16]Status: DisposedITAT Bangalore19 Oct 2022AY 2015-16

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Appeal No. Appellant Respondent Year The Income-Tax

For Appellant: Smt. Pratibha, Advocate

Section 56Section 57Section 80PSection 80P(2)(a)Section 80P(2)(d)

Savanoor Primary Agriculture Credit Cooperative Society Limited, Bengaluru vs. Principal Commissioner of Income Tax, Panaji, Goa

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

ITA 737/BANG/2022[2016-17]Status: DisposedITAT Bangalore13 Oct 2022AY 2016-17

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am

For Appellant: Sri.Abhijit, AdvocateFor Respondent: Sri.K.Sankar Ganesh, JCIT-DR

Section 143(3)Section 263Section 80P

…considering the submission dated 14.03.2022 made by the appellant on the facts and circumstances of the case. 3. The learned Pr.CIT ought to have taken into consideration the judgment of the Hon’ble Apex Court in re The Mavilayi Service Co-op Bank Ltd. v. CIT 431 ITR 1 (SC) on the facts and circumstances of the case. 4. The learned Pr.CIT is not justified in passing the impugned order without giving adequate opportunity of hearing on the facts and circumstances of the case. 5. The learned Pr.CIT had no requisite jurisdiction necessary to issue the impugned order and consequently the proceedings are bad at law on…