“Section 2(19)”

Section References (mined)Section 2Section 2(19)744 judgments

The decision most relied on for Section 2(19) is CIT v. Multiplan India Ltd. (38 ITD 320), cited in 2,267 judgments on BharatTax.

Leading authorities on Section 2(19)

CIT v. Multiplan India Ltd.

38 ITD 320 · 1991 · ITAT

2,267

citing judgments

An appeal before the Income Tax Appellate Tribunal can be dismissed for non-prosecution or treated as unadmitted when the appellant fails to appear, cooperate, or show diligence, in accordance with Rule 19(2) of the Income-tax (Appellate Tribunal) Rules. The law aids the vigilant, not those who sleep on their rights.

GKN Driveshafts (India) Ltd. v. ITO

259 ITR 19 · 2003 · Supreme Court

1,349

citing judgments

When a notice under Section 148 of the Income Tax Act is issued, the Assessing Officer is bound to furnish reasons for reopening upon the assessee's request and must dispose of the assessee's objections to the notice by passing a speaking order.

Pr. CIT v. Totagars

395 ITR 611 · 2017 · High Court

1,074

citing judgments

Interest income earned by a cooperative society from surplus deposits or investments held with a cooperative bank is not eligible for deduction under Section 80P(2)(d) of the Act.

Mavilayi Service Co-operative Bank Ltd. v. CIT

431 ITR 1 · 2021 · Supreme Court

999

citing judgments

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.

State Bank Of India v. CIT

389 ITR 578 · 2016 · High Court

817

citing judgments

Income arising from a cooperative society's surplus funds invested in short-term deposits and securities is not attributable to the society's core activities and, therefore, is not eligible for exemption under Section 80P(2)(a)(i) of the Income-tax Act.

Pr. Commissioner of Income Tax and Anr. v. Totagars Cooperative Sale Society

392 ITR 74 · 2017 · High Court

762

citing judgments

Interest income earned by a cooperative society from its investments or surplus deposits with a cooperative bank is eligible for deduction under Section 80P(2)(d) of the Income-tax Act, 1961.

Subramanian and Anr. v. Siemens India Ltd. and Anr.

156 ITR 11 · 1985 · High Court

541

citing judgments

When there is a conflict between the decisions of non-jurisdictional High Courts, the view that favors the assessee should be preferred.

Citizen Co-operative Society Ltd. v. ACIT

397 ITR 1 · 2017 · Supreme Court

499

citing judgments

A co-operative credit society engaged in banking business with the general public, accepting deposits from non-members and advancing loans to non-members, is treated as a co-operative bank. Such a society falls under the exclusionary clause of Section 80P(4) and is not eligible for deduction under Section 80P(2)(a)(i).

Judgments citing Section 2(19)

Income Tax Officer, Ward-1 & Tps, Bagalkot, Aayakar Bhavan vs. Shri Shivashakti Souharda Pattina Sahakari Sangha Niyamit

In the result, appeal is partly allowed

ITA 517/BANG/2025[2017-18]Status: DisposedITAT Bangalore24 Jul 2025AY 2017-18

Bench: Shri. Laxmi Prasad Sahu & Shri. Soundararajan K

For Appellant: Shri. Siddesh N Gaddi, CAFor Respondent: Shri. Murali Mohan M, CIT(DR)(ITAT), Bangalore

Section 143(2)Section 156Section 234ASection 270ASection 271ASection 68Section 80PSection 80P(2)(a)

IN INCOME TAX APPELLATE TRIBUNAL “B” BENCH : BANGALORE BEFORE SHRI. LAXMI PRASAD SAHU, ACCOUNTANT MEMBER AND SHRI. SOUNDARARAJAN K, JUDICIAL

Shri Shivashakti Souharda Pattina Sahakari Sangha Niyamit, Melligeri Towers, Bagalkot vs. Income Tax Officer Ward 1 Bagalkot, Aayakar Bhavan

In the result, appeal is partly allowed

ITA 452/BANG/2025[2017-18]Status: DisposedITAT Bangalore24 Jul 2025AY 2017-18

Bench: Shri. Laxmi Prasad Sahu & Shri. Soundararajan K

For Appellant: Shri. Siddesh N Gaddi, CAFor Respondent: Shri. Murali Mohan M, CIT(DR)(ITAT), Bangalore

Section 143(2)Section 156Section 234ASection 270ASection 271ASection 68Section 80PSection 80P(2)(a)

IN INCOME TAX APPELLATE TRIBUNAL “B” BENCH : BANGALORE BEFORE SHRI. LAXMI PRASAD SAHU, ACCOUNTANT MEMBER AND SHRI. SOUNDARARAJAN K, JUDICIAL

Shri Jivico Karmachari Co-Operative Credit Society Limited, Rajkot, Gujarat vs. Income Tax Officer, Ward 2(1)(1), Rajkot, Gujarat

In the result, appeal filed by the assessee is allowed

ITA 48/RJT/2025[2017-18]Status: DisposedITAT Rajkot21 Jul 2025AY 2017-18

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita Nos.48/Rjt/2025 ("नधा"रण वष" /Assessment Year: (2017-18) Shri Jivico Karmachari Co- Income Tax Officer, Operative Credit Society Ltd. Ward-2(1)(1), Rajkot, Aayakar Vs. Bhawan, Race Course Ring Road, Jivan Prakash, Mahila College Rajkot-360 001 Chowk, Tagore Marg, Rajkot-360 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaoas 6270 K (अपीलाथ" /Appellant) (""यथ" /Respondent) "नधा"रती क" ओर से /Assessee By : Shri Krutarth Desai, Ar राज"व क" ओर से /Revenue By :Shri Abhimanyu Singh Yadav, Sr-Dr सुनवाई क" तार"ख/ Date Of Hearing : 03/07/2025 घोषणा क" तार"ख/Date Of Pronouncement : 21/07/2025 आदेश / O R D E R Per Dr. A.L. Saini, A.M:

For Appellant: Shri Krutarth Desai, ARFor Respondent: Shri Abhimanyu Singh Yadav, Sr-DR

Section 142(1)Section 143(3)Section 250Section 56Section 80P(2)(a)Section 80P(2)(d)

No.48/Rjt/2025 (A.Y. 17-18 Sh.Jivico Karmachari Co-Op.Credit Society Ltd. deduction. We have noted that definition of “co-operative society” as mentioned in section 2(19) of the Income Tax Act, 1961 does not make any exclusion about co-operative bank. We note that in order to become a co-operative

Income Tax Officer, Ward-1, Hospet vs. Gayatri Pattina Souharda Sahakari Sangha Niyamitha, Hospet

ITA 1078/BANG/2024[2017-18]Status: DisposedITAT Bangalore17 Jul 2025AY 2017-18

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Sri Balram R Rao, A.RFor Respondent: Ms. Neha Sahay, D.R

Section 143(1)Section 143(3)Section 194ASection 250Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(2)(d)

Niyamitha vs. Union of India ( 134 taxmann.com 62) held that the assessee is clearly a co-operative Society as per the definition of Section 2(19) of the IT Act. Accordingly the assessee is eligible for the deduction u/s 80P of the Act amounting to Rs.34,79,909/- and this ... /NFAC held that that the assessee is a co-operative society as per section 2(19) of the Act. In view of this the assessee is exempt from deduction of TDS on interest payments made to its members/deposit holders. Thus the addition made by the AO to the extent

Income Tax Officer, Wanaparthy Block vs. Tamilnadu Special Police Employees Cooperative, Tsp Camp

In the result the appeal of the revenue is dismissed

ITA 363/CHNY/2025[2020-21]Status: DisposedITAT Chennai15 Jul 2025AY 2020-21

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.:363/Chny/2025 िनधा"रण वष" / Assessment Year: 2020-21 Income Tax Officer, Tamilnadu Special Police Non-Corporate Ward -7(3), Vs. Employees Cooperative, Chennai – 600 034. Avadi, Chennai – 600 054. [Pan:Aafat-0366-E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/Appellant By : Ms. Sita Krishnamoorthy, J.C.I.T. ""थ" की ओर से/Respondent By : Shri. G. Reddi Prakash, C.A. सुनवाई की तारीख/Date Of Hearing : 12.06.2025 घोषणा की तारीख/Date Of Pronouncement : 15.07.2025 आदेश /O R D E R Per S. R. Raghunatha, Am: This Appeal By The Revenue Is Filed Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, For The Assessment Year 2020-21, Dated 11.10.2024. 2. At The Outset, We Find That There Is A Delay Of 34 Days In Appeal Filed By The Revenue, For Which Petition For Condonation Of Delay Along With Reasons For Delay Has Been Filed. After Considering The Petition Filed By The Revenue & Also Hearing Both The Parties, We Find That There Is A Reasonable Cause For The Revenue In Not Filing Appeal On Or Before The Due Date Prescribed Under The Law & Thus

For Appellant: Ms. Sita Krishnamoorthy, J.C.I.TFor Respondent: Shri. G. Reddi Prakash, C.A

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

operative Bank registered under the Co-operative Societies Act. The Income Tax Act, 1961 has also defined 'Co-operative Society' under Section 2(19) as follows: "2(19). "Co-operative society" means a co-operative society registered under the Co-operative Societies Act, 1912 (2 of 1912), or under ... operative Bank registered under the Co-operative Societies Act. The Income Tax Act, 1961 has also defined 'Co-operative Society' under Section 2(19) as follows: "2(19). "Co-operative society" means a co-operative society registered under the Co-operative Societies Act, 1912 (2 of 1912), or under

Citizencredit Co Operative Bank Limited ( Kurla Branch), Mumbai vs. ITO (TDS)1(1)(4), Mumbai

In the results, all the appeals of the assessee are

ITA 2381/MUM/2025[2016-17]Status: DisposedITAT Mumbai15 Jul 2025AY 2016-17

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

For Appellant: Shri Rajeev Waglay,ARFor Respondent: Mr. Virabhadra S. Mahajan, (Sr. DR)

Section 194ASection 194A(3)(v)Section 2(19)Section 201(1)

wherein in the remarks column reflected as Co-operative Societies and TDS u/s 194A not deducted on the interest payments are “Housing Societies. Section 2(19) defines “co-operative society” means a co-operative society registered under the co-operative societies Act, 1912(2 of 1912) or under any other

Citizencredit Co Operative Bank Limited (Wadala Branch), Mumbai vs. ITO (TDS)1(1)4, Mumbai

In the results, all the appeals of the assessee are

ITA 2380/MUM/2025[2016-17]Status: DisposedITAT Mumbai15 Jul 2025AY 2016-17

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

For Appellant: Shri Rajeev Waglay,ARFor Respondent: Mr. Virabhadra S. Mahajan, (Sr. DR)

Section 194ASection 194A(3)(v)Section 2(19)Section 201(1)

Citizencredit Co Operative Bank Limited (Turner Road Branch), Mumbai vs. ITO (TDS)1(1)(4), Mumbai

In the results, all the appeals of the assessee are

ITA 2379/MUM/2025[2016-17]Status: DisposedITAT Mumbai15 Jul 2025AY 2016-17

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

For Appellant: Shri Rajeev Waglay,ARFor Respondent: Mr. Virabhadra S. Mahajan, (Sr. DR)

Section 194ASection 194A(3)(v)Section 2(19)Section 201(1)

Citizencredit Co Operative Bank Limited (Malad Branch), Mumbai vs. ITO (TDS)1(1)(4), Mumbai

In the results, all the appeals of the assessee are

ITA 2378/MUM/2025[2016-17]Status: DisposedITAT Mumbai15 Jul 2025AY 2016-17

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

For Appellant: Shri Rajeev Waglay,ARFor Respondent: Mr. Virabhadra S. Mahajan, (Sr. DR)

Section 194ASection 194A(3)(v)Section 2(19)Section 201(1)

Citizencredit Co Operative Bank Limited (Santacruz Branch), Mumbai vs. ITO (TDS) 1 (1)(4), Mumbai

In the results, all the appeals of the assessee are

ITA 2377/MUM/2025[2016-17]Status: DisposedITAT Mumbai15 Jul 2025AY 2016-17

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

For Appellant: Shri Rajeev Waglay,ARFor Respondent: Mr. Virabhadra S. Mahajan, (Sr. DR)

Section 194ASection 194A(3)(v)Section 2(19)Section 201(1)

Citizencredit Co Operative Bank Limited ( Borivili Branch), Mumbai vs. ITO (TDS)1(1)(4), Mumbai

In the results, all the appeals of the assessee are dismissed

ITA 2376/MUM/2025[2016-17]Status: DisposedITAT Mumbai15 Jul 2025AY 2016-17

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

For Appellant: Shri Rajeev Waglay,ARFor Respondent: Mr. Virabhadra S. Mahajan, (Sr. DR)

Section 194ASection 194A(3)(v)Section 2(19)Section 201(1)

Citizencredit Co Operative Bank Limited (Vakola Branch), Mumbai vs. ITO (TDS)1(1)4, Mumbai

In the results, all the appeals of the assessee are

ITA 2375/MUM/2025[2016-17]Status: DisposedITAT Mumbai15 Jul 2025AY 2016-17

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

For Appellant: Shri Rajeev Waglay,ARFor Respondent: Mr. Virabhadra S. Mahajan, (Sr. DR)

Section 194ASection 194A(3)(v)Section 2(19)Section 201(1)

Citizencredit Co Operative Bank Limited ( Mulund Branch), Mumbai vs. ITO (TDS)-1(1)(4), Mumbai

In the results, all the appeals of the assessee are

ITA 2374/MUM/2025[2016-17]Status: DisposedITAT Mumbai15 Jul 2025AY 2016-17

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

For Appellant: Shri Rajeev Waglay,ARFor Respondent: Mr. Virabhadra S. Mahajan, (Sr. DR)

Section 194ASection 194A(1)Section 194A(3)(i)Section 194A(3)(v)Section 2(19)Section 201(1)

Rajyadharpara Chandpur Samabay Krishi Unnayan Samity Limited, Purba Bardhaman vs. ITO, Ward - 2(4), Burdwan

In the result, appeal of the assessee is allowed

ITA 2671/KOL/2024[2017-2018]Status: DisposedITAT Kolkata09 Jul 2025AY 2017-2018

Bench: SHRI GEORGE MATHAN (Judicial Member)

For Appellant: Shri Shyamadas Bandyopadhyay, FCAFor Respondent: Smt. Madhumita Das, Sr. DR

Section 80PSection 80P(2)(d)

2)(d) of the Income Tax Act 1961 of the amount of interest received from Burdwan Central Co-operative Bank. According to Section 2(19) "Co-operative society" means a co- operative society registered under the Co-operative Societies Act, 1912(2 of 1912), or under any other

Pune Madhyamik Shikshak Sahkari Patapedhi Maryadit, Pune vs. Principal Commissioner of Income Tax, Pune 4, Pune

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

ITA 909/PUN/2025[2020-21]Status: HeardITAT Pune03 Jul 2025AY 2020-21

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2020-21

For Appellant: Shri Sharad A ShahFor Respondent: Shri Amit Bobde, CIT

Section 143(2)Section 143(3)Section 263Section 56Section 80Section 80PSection 80P(2)(a)Section 80P(2)(d)

allowed deduction u/s 80P. But we have made deposit in Co-operative banks which come under the definition of Cooperative Society as per Section 2(19) of Income Tax Act, 1961. 3. As per Section 2(19) of Income Tax Act, 1961, "Co-operative society” means a cooperative society registered

Mahayogi Vemana Souharda Pattina Sahakari Sangha, Bengaluru vs. Income Tax Officer, Ward-2(2), Bangalore

In the result, the appeal of the assessee is allowed

ITA 829/BANG/2025[2018-19]Status: DisposedITAT Bangalore02 Jul 2025AY 2018-19

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2018-19

For Appellant: Ms. Sunaina Bhatia, AdvocateFor Respondent: Shri Subramanian S, JCIT (DR)

Section 194ASection 2(19)Section 201Section 201(1)Section 80P

denied to the so called Co-operatives under the Souharda Act merely on hyper technicalities. The interpretation given by the Revenue to section 2(19) of the Act is untenable. A harmonious reading of the said provisions would indicate that Co-operative Society registered under the Co-operative Societies ... registered under the Souharda Act which is a State enactment would certainly be construed as Co-operative Society coming within the ambit of section 2(19). 34. Thus, for the reasons aforesaid, we find no jurisdictional error in the order passed by the learned Single Judge in extending the benefit

Kodachadri Patina Souharda Sahakari Niyamitha, Shimogga vs. Income Tax Officer, Ward-3, Shimoga

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

ITA 572/BANG/2025[2016-17]Status: DisposedITAT Bangalore02 Jul 2025AY 2016-17

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2016-17

For Appellant: Shri Tharun Kothari, AdvocateFor Respondent: Shri Ganesh R Ghale, Advocate for Standing

Section 2Section 2(19)Section 5Section 80PSection 80P(2)(d)

that the entities registered under the Karnataka Souharda Sahakari Act, would fit into the definition of a "co-operative society" as defined in section 2(19) of the Income Act Tax and are entitled to stake their claim for the benefit in section 80P of the Act. The decision ... taken to exclude the entities registered under the Souharda Act as not falling under the definition of 'Co-operative Society' as defined in Section 2[19] of the Act. Now, it is further clarified by the Amendment Act No.35/2021 brought out to Section 2[eJ of the Souharda

Shri Saibaba Bahuuddeshiya Nagrik Credit Co-Operative Society, Nagpur vs. ITO Ward (3)(4), Nagpur

ITA 194/NAG/2025[2020-21]Status: DisposedITAT Nagpur26 Jun 2025AY 2020-21

Bench: Shri Narender Kumar Choudhry

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

investments, and (ii) such investments should be with any other Co-operative Society. Further, the term „co-operative society" is defined under section 2(19) of the Act as under: “(19) "co-operative society" means a co-operative society registered under the Co-operative Societies Act, 1912 (2

B.S.N.L Employees Junior Co Operative Creidt Society Limited, Mumbai vs. ITO Ward 17(1)(2), Mumbai

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

ITA 3264/MUM/2025[2018-19]Status: DisposedITAT Mumbai26 Jun 2025AY 2018-19

Bench: Shri Narendra Kumar Billaiyashri Sandeep Singh Karhailbsnl Employees Junior Co-Operative Credit Society Ltd., 1St Floor, Bsnl Office Of Cto, M.G. Road, Fort Mumbai, ............... Appellant Mumbai - 400001 Pan : Aaaat8885H V/S Ito – 17(1)(2), Room No.109, 1St Floor Kautilya Bhavan, ……………… Respondent C-41 To C-43, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400051 Assessee By : Shri Shekhar Patwardhan Revenue By : Shri Bhagirath Ramawat, Sr. Dr

For Appellant: Shri Shekhar PatwardhanFor Respondent: Shri Bhagirath Ramawat, Sr. DR

Section 250Section 263Section 80PSection 80P(2)(a)Section 80P(2)(d)

interest or dividend is earned by the Co-operative Society from the Society. Further, the term "co-operative society" is defined under section 2(19) of the Act as under: "(19) "co-operative society" means a co-operative society registered under the Co-operative Societies Act, 1912 (2

Abhyudaya Co Operative Bank Ltd . Cbd Belapur Branch, Mumbai vs. Income Tax Officer (TDS) Ward 1(1)(1), Mumbai

In the result, all the 20 appeals of the assessee are allowed

ITA 2590/MUM/2025[2016-17]Status: DisposedITAT Mumbai26 Jun 2025AY 2016-17

Bench: Shri Amit Shukla & Shri Girish Agrawal

For Appellant: Shri Sharad A. Vaze, CAFor Respondent: Shri. Aditya M. Rai, Sr. DR

Section 194ASection 194A(3)(v)Section 201(1)Section 80PSection 80P(2)(d)

ITA No. 2571 to 2590/Mum/2025 Abhyudaya Co-operative Bank Ltd. AY 2016-17 IN THE INCOME TAX APPELLATE TRIBUNAL “A