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“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)

K 1382 Avinashi Kurumapalayam Primary Agricultural Co-Op. Credit Society, Tirupur vs. The Incometax Officer, Ward 1(4) Tirupur, Tirupur

In the result the appeal filed for the A

ITA 2941/CHNY/2024[2017-18]Status: DisposedITAT Chennai26 May 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri S. R. Raghunathaआयकर अपील सं./Ita No.: 2941 /Chny/2024 िनधा"रण वष" / Assessment Year: 2017-18 K 1382 Avinashi Kurumapalayam The Income Tax Officer, Primary Agricultural Co-Op.Credit Vs. Ward 1(4), Society, Tirupur. Kurumbapalayam, Cheyur Post, Avinashi Taluk.

For Appellant: Ms. A. Vijayalakshmi, C.AFor Respondent: Dr. M. D. Vijay Kumar, J.C.I.T
Section 143(3)Section 80PSection 80P(2)(a)Section 80P(2)(d)

bank is not eligible for a deduction under Section 80P(2)(d). The Income Tax Act, 1961 has defined 'Co-operative Society' under Section 2(19) as follows: "2(19). "Co-operative society" means a co-operative society registered under the Cooperative Societies Act, 1912 (2 of 1912), or under

Su Prabhat Co Operative Housing Society Ltd, Mumbai vs. Income Tax Officer, Mumbai

The appeal of the Assessee stands allowed

ITA 1930/MUM/2025[2020-2021]Status: DisposedITAT Mumbai26 May 2025AY 2020-2021

Bench: Shri Narender Kumar Choudhryassessment Year: 2020-21 Suprabhat Co-Operative Income Tax Officer, Ward Housing Society 19(3)(1), Mumbai 76, Suprabhat Co-Operative Pratishtha Bhavan, 3Rd & 4Th Vs. Housing Society Ltd, Bhulabhai Floor, 101, M.K. Road, Desai Road, Walkeshwar 400026 Mumbai 400020 Pan: Aaaas5937P (Appellant) (Respondent) Present For: Assessee By : Shri. Rajendra Bhende, Ca Revenue By : Smt. Smitha V. Nair (Cit Dr) Date Of Hearing : 15.05.2025 Date Of Pronouncement : 26.05.2025 O R D E R Per: Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 26.12.2024, Impugned Herein, Passed By The Commissioner Of Income Tax, Appeal Addl./Jcit (A)-1 Bengaluru/ U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2020-21. 2. Considering The Reason For Delay Of 21 Days In Filing Of The Instant Appeal As Stated By The Assessee Which Is Duly Supported By Duly Sworn Affidavit, Prima Facie Appears To Be Bonafide, Genuine & Un-Intentional, Thus, The Delay Of 21 Days Is Condoned.

For Appellant: Shri. Rajendra Bhende, CAFor Respondent: Smt. Smitha V. Nair (CIT DR)
Section 10B(8)Section 139(1)Section 139(5)Section 143(1)Section 250Section 80PSection 80P(1)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

Saidas Co-Op Housing Society Limited, Mumbai vs. Income Tax Officer, Kautilya Bhavan

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

ITA 1824/MUM/2025[2021-22]Status: DisposedITAT Mumbai26 May 2025AY 2021-22

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankarassessment Year: 2021-22

For Appellant: Shri Vishal Gala, Ld. A.RFor Respondent: Shri Kiran Unaverkar, Ld. Sr.D.R
Section 144Section 2(19)Section 250Section 70Section 80PSection 80P(1)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

Kundalika Nagari Sahakari Patsanstha Maryadit, Roha vs. ITO, Ward 1, Panvel

In the result, appeal of the assessee is allowed

ITA 790/PUN/2025[2020-21]Status: DisposedITAT Pune22 May 2025AY 2020-21

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.790/Pun/2025 िनधा"रण वष" / Assessment Year: 2020-21 Kundalika Nagari Sahakari V The Income Tax Officer, Patsanstha Maryadit, S Ward-1, Panvel. Ground Floor, Varun Apartment, Near Bhate Vachanalaya, Sonar Ali, Roha – 402109. Maharashtra. Pan: Aacak6478R Appellant/ Assessee Respondent / Revenue Assessee By None Revenue By Shri Madhan Thirmanpallil – Addl.Cit(Dr) – Virtual Hearing. Date Of Hearing 13/05/2025 Date Of Pronouncement 22/05/2025

Section 143(3)Section 250Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 80P(4)

Secondly, for purposes of eligibility for deduction, the assessee must be a "co-operative society". A co-operative society is defined in Section 2(19) of the IT Act, as being a co-operative society registered either under the Co-operative Societies Act, 1912 or under any other

Shree Jamnagar Jilla Sahakari Kharid Vechan Sangh Limited, Jamnagar vs. DCIT-Cir-2(1), Jamnagar

In the result, appeal filed by the assessee is allowed

ITA 223/RJT/2025[2018-2019]Status: DisposedITAT Rajkot16 May 2025AY 2018-2019

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./ Ita No.223/Rjt/2025 "नधा"रण वष"/Assessment Year : 2018-19

For Appellant: Ms. Janvi Shah, ARFor Respondent: Shri Dheeraj Kumr Gupta, Sr-DR
Section 142(1)Section 144Section 250Section 80P(2)(d)

interest received from co-operative bank is not eligible for 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

Stella Maris Co Operative Housing Society, Mumbai vs. Income Tax Officer Ward 22 3 6, Piramal Chamders Mumbai

In the result, ITA No.1962/MUM/2025 stands allowed, whereas

ITA 1963/MUM/2025[2016-17]Status: DisposedITAT Mumbai15 May 2025AY 2016-17

Bench: Shri Narender Kumar Choudhryassessment Year: 2012-13 & Assessment Year: 2016-17

For Appellant: Shri. Ajay Wadke, CAFor Respondent: Smt. Smitha V. Nair (CIT DR)
Section 143(1)Section 154Section 250Section 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

Stella Maris Co Operative Housing Society Ltd, Mumbai vs. Income Tax Officer 22 3 6, Piramal Chambers

In the result, ITA No.1962/MUM/2025 stands allowed, whereas

ITA 1962/MUM/2025[2012-13]Status: DisposedITAT Mumbai15 May 2025AY 2012-13

Bench: Shri Narender Kumar Choudhryassessment Year: 2012-13 & Assessment Year: 2016-17

For Appellant: Shri. Ajay Wadke, CAFor Respondent: Smt. Smitha V. Nair (CIT DR)
Section 143(1)Section 154Section 250Section 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

Income Tax Officer, Ward-8(3), Pune vs. M/S. Tata Motors Karmachari Sahakari Patpedhi Limited, Pune

In the result, appeal of the Revenue is dismissed

ITA 2529/PUN/2024[2017-18]Status: DisposedITAT Pune08 May 2025AY 2017-18

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2529/Pun/2024 िनधा"रण वष" / Assessment Year: 2017-18 The Income Tax Officer, V Tata Motors Karmachari Ward-8(3), Pune. S. Sahakari Patpedhi, H 5 3Rd Floor, C/O.Tata Motors, Pune City, Pune – 411018. Pan: Aabat7682B Appellant/ Revenue Respondent / Assessee Assessee By Shri Sanket Joshi – Ar Revenue By Shri Abhinay Kumbhar – Cit(Dr) Date Of Hearing 06/05/2025 Date Of Pronouncement 08/05/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Revenue Against The Order Of Ld.Commssioner Of Income Tax(Appeal)[Nfac] Passed Under Section 250 Of The Act, Dated 04.10.2024 For The A.Y.2017-18. The Revenue Has Raised The Following Grounds Of Appeal : “1. On The Facts & Circumstances Of The Case & In Law, The Learned Cit(A) Has Erred In Deleting The Disallowance Made By The Assessing Officer Of The Deduction Of Rs. 6,18,57,845/- Claimed Under Section Bop Of The Income-Tax Act, 1961 Being Interest Earned From The Investments

Section 250Section 56Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(2)(d)

Secondly, for purposes of eligibility for deduction, the assessee must be a "co-operative society". A co-operative society is defined in Section 2(19) of the IT Act, as being a co-operative society registered either under the Co-operative Societies Act, 1912 or under any other

The Bbr & Rdcc Bank Employees Co-Op Society Limited, Bangalore vs. ITO, Ward-5(2)(1), Bengaluru

In the result, all the four appeals are allowed for statistical purposes

ITA 132/BANG/2025[2020-21]Status: DisposedITAT Bangalore08 May 2025AY 2020-21

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

For Appellant: Shri. Gireesha, CAFor Respondent: Shri. Subramanian S, JCIT(DR)(ITAT), Bangalore
Section 143(3)Section 270ASection 80PSection 80P(2)(a)Section 80P(2)(d)

interest income. 9. He further submitted that the Co-operative Bank is a Co-operative Society Bank because the definition as per Section 2(19) of the Act would make it clear that Co-Operative Society means a Co-operative Society registered under the Karnataka Societies Act, 1912. Thus

The Bbr & Rdcc Bank Employees Co-Op Society Limited, Bangalore vs. Income Tax Officer, Ward-5(2)(1), Bangalore

In the result, all the four appeals are allowed for statistical purposes

ITA 131/BANG/2025[2018-19]Status: DisposedITAT Bangalore08 May 2025AY 2018-19

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

For Appellant: Shri. Gireesha, CAFor Respondent: Shri. Subramanian S, JCIT(DR)(ITAT), Bangalore
Section 143(3)Section 270ASection 80PSection 80P(2)(a)Section 80P(2)(d)

interest income. 9. He further submitted that the Co-operative Bank is a Co-operative Society Bank because the definition as per Section 2(19) of the Act would make it clear that Co-operative Society means a Co-operative Society registered under the Karnataka Societies Act, 1912. Thus

The Bbr & Rdcc Bank Employees Co-Op Society, Bangalore vs. Income Tax Officer, Ward-5(2)(1), Bangalore

In the result, all the four appeals are allowed for statistical purposes

ITA 130/BANG/2025[2017-18]Status: DisposedITAT Bangalore08 May 2025AY 2017-18

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

For Appellant: Shri. Gireesha, CAFor Respondent: Shri. Subramanian S, JCIT(DR)(ITAT), Bangalore
Section 143(3)Section 270ASection 80PSection 80P(2)(a)Section 80P(2)(d)

interest income. 9. He further submitted that the Co-operative Bank is a Co-operative Society Bank because the definition as per Section 2(19) of the Act would make it clear that Co-operative Society means a Co-operative Society registered under the Karnataka Societies Act, 1912. Thus

The Bbr & Rdcc Bank Employees Co-Op Society, Bangalore vs. Income Tax Officer, Ward-5(2)(1), Bangalore

In the result, all the four appeals are allowed for statistical purposes

ITA 129/BANG/2025[2017-18]Status: DisposedITAT Bangalore08 May 2025AY 2017-18

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

For Appellant: Shri. Gireesha, CAFor Respondent: Shri. Subramanian S, JCIT(DR)(ITAT), Bangalore
Section 143(3)Section 270ASection 80PSection 80P(2)(a)Section 80P(2)(d)

interest income. 9. He further submitted that the Co-operative Bank is a Co-operative Society Bank because the definition as per Section 2(19) of the Act would make it clear that Co-operative Society means a Co-operative Society registered under the Karnataka Societies Act, 1912. Thus

Assistant Commissioner of Income Tax, Circle-1(1), Vijayawada vs. The Krishna District Milk Producers Mutually Aided Co Op Union Limited, Vijayawada

In the result, appeal of the revenue is dismissed

ITA 370/VIZ/2024[2017-18]Status: DisposedITAT Visakhapatnam06 May 2025AY 2017-18

Bench: Shri Vijay Pal Rao, Hon’Ble

Section 133(6)Section 143(2)Section 143(3)Section 68Section 80P(2)(d)

sae stele afte, feemaneurs te, fexmarmeury IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM “DIVISION” BENCH, VISAKHAPATNAM (HYBRID HEARING) Sf fara

Chitrakoot Co-Op Hsg. Society Limited, Mumbai vs. Income Tax Officer Ward 19(1)(1), Mumbai

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

ITA 1818/MUM/2025[2020-2021]Status: DisposedITAT Mumbai01 May 2025AY 2020-2021

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankarassessment Year: 2020-21

For Appellant: Shri Meet S. Dangarwala, Ld. A.RFor Respondent: Shri Kiran Unavekar, Ld. Sr. D.R
Section 143(1)Section 2(19)Section 250Section 80PSection 80P(1)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

Shri Nidhi Credit Co-Oprative Society Limited, Rajkot vs. ITO 3(1)(1), Rajkot

In the result, appeal filed by the assessee is allowed

ITA 936/RJT/2024[2014-2015]Status: DisposedITAT Rajkot30 Apr 2025AY 2014-2015

Bench: Dr. Arjun Lal Saini, Am. & Shr Dinesh Mohan Sinha, Jm आयकर अपील सं./Ita No.936/Rjt/2024 "नधा"रण वष" / Assessment Year: (2014-15)

For Appellant: Shri J.R. Mankodi, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. (DR)
Section 142(1)Section 143(3)Section 80PSection 80P(2)(a)Section 80P(2)(d)

interest received from co-operative bank is not eligible for 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

ACIT., Circle-9(1), Hyderabad vs. Rangareddy Dist Judl Employee Mutually Aided Co Operative Society, Hyderabad

ITA 1269/HYD/2024[2018-19]Status: DisposedITAT Hyderabad30 Apr 2025AY 2018-19
Section 143(2)Section 143(3)Section 80PSection 80P(2)(a)Section 80P(2)(d)

above discussions, it is seen that a co-operative society is not defined specifically for the purpose of section 80P. However, section 2(19) of the IT Act, 1961 defines a co-operative society to be an entity registered under the Co- operative Society Act, 1912 or under any other

Galaxy Coop Hsg Soc Ltd, Navi Mumbai vs. ITO Ward(1)(1), Thane, Maharahstra

ITA 514/MUM/2025[2015-2016]Status: DisposedITAT Mumbai29 Apr 2025AY 2015-2016

Bench: Shri Narender Kumar Choudhry

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

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “SMC”, MUMBAI BEFORE SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER ITA Nos.513 & 514/M/2025

Galaxy Co Op Hsg Society Ltd, Navi Mumbai vs. ITO Ward(1)(1), Thane, Maharahstra

ITA 513/MUM/2025[2014-15]Status: DisposedITAT Mumbai29 Apr 2025AY 2014-15

Bench: Shri Narender Kumar Choudhry

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

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “SMC”, MUMBAI BEFORE SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER ITA Nos.513 & 514/M/2025

Malpur Taluka Primary Teachers Sahkari Sakh & Grahak Sahkari Mandli, Malpur vs. The ACIT., Himatnagar Circle, Himatnagar

ITA 820/AHD/2023[2014-15]Status: DisposedITAT Ahmedabad25 Apr 2025AY 2014-15

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarassessment Year 2014-15

For Appellant: Shri S. N. Divatia, A.R. &For Respondent: Smt. Mamta Singh, Sr-D.R
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 2(19)Section 250Section 80PSection 80P(2)(d)

banking by providing credit facilities to its members. The assessee society is registered under the Co- operative Society Act within the meaning of section 2(19) of the Income Tax Act, 1961 and is eligible for deduction u/s. 80P of the Act. The assessee filed return of income on 19

Yudhishtir Cooperative Housing Society Ltd, Mumbai vs. ITO Ward 42(1)(4), Mumbai

In the result, the appeal of the assessee bearing ITA No

ITA 1784/MUM/2025[2017-18]Status: DisposedITAT Mumbai25 Apr 2025AY 2017-18

Bench: Shri Vikram Singh Yadav & Shri Anikesh Banerjeeyudhishtir Co-Operative Vs Jao, Ward Mum-W-42(1)(4), Housing Society Ltd, Kautilya Bhavan, Bandra East, Anand Nagar, N.L. Complex, Mumbai-400 051 Dahisar (East), Mumbai-400 068 Pan: Aaaay4170G Appellant Respondent

For Appellant: ShriVidyadhar KhandekarFor Respondent: Shri Asif Kamali (SR. DR.)
Section 139(1)Section 143Section 143(3)Section 250Section 80PSection 80P(2)(d)Section 80P(4)

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “J(SMC)”, MUMBAI BEFORE SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER AND SHRI