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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)

The Bardez Urban Co-Op Credit Society Ltd, Mapusa vs. The Income Tax Officer, Ward 2(4), Panaji, Goa

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

ITA 74/PAN/2024[AY 2016-17]Status: DisposedITAT Panaji11 Feb 2025

Bench: Shri Pavan Kumar Gadale & Shri G D Padmahshalii T A. Nos. 74/Pan/2024 (A.Y. 2016-17 ) The Bardezurban Co- Vs Ito-Ward-2(4), Panaji.-403001, Operative Credit Society . Goa. Limited, Shop.No.19 20 . Cosmos Centre Mapusa, Bardez-403507, Goa. Pan .No. Aaaat6217F (अपीलाथ"/Appellant) (""यथ"/Respondent) Assessee By Shri.S.J.Kamat.Ar Revenue By Shri.Narendra Reddy.Sr.Dr सुनवाई क" तार"ख/Date Of Hearing 06.02.2025 घोषणा क" तार"ख/Date Of Pronouncement 11.02.2025 Order Per Pavan Kumar Gadale, Jm: The Appeal Is Filed By The Assesse Against The Order Of National Faceless Appeal Centre (Nfac) Delhi / Cit(A) Passed U/Sec 143(3) & U/Sec 250 Of The Act. 2. At The Time Of Hearing, The Ld.Ar Of The Assessee Submitted That There Is A Delay In Filing The Appeal Before The Hon’Ble Tribunal & The Assesse Has Filed The Affidavit For Condonation Of Delay. Whereas, The Facts Mentioned In The Affidavit Are Reasonable & The Ld. Dr Has No 2 Ita. No. 74/Pan/2024 The Bardez Urban Co-Operative Credit Society Limited.. Specific Objections. Accordingly, We Condone The Delay & Admit The Appeal. The Assessee Has Raised The Grounds Of Appeal Challenging The Order Of The Cit(A) Sustaining The Denial Of Claim Of Deduction Under Section 80P(2)(D) Of The Act.

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

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH PANAJI BEFORE SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER & SHRI G D PADMAHSHALI

Datta Sadan Co Operative Housing Society Limited, Mumbai vs. Income Tax Officer 22 1 6, Mumbai

In the result, the appeal by the assessee is allowed

ITA 87/MUM/2025[2021-22]Status: DisposedITAT Mumbai11 Feb 2025AY 2021-22

Bench: SHRI SANDEEP SINGH KARHAIL (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

For Appellant: Shri Ajay Arvind Wadke, ARFor Respondent: Shri Kiran Unavekar, Sr. DR
Section 143(1)Section 250Section 80PSection 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

Guru Anand Co-Operative Housing Society Ltd., Mumbai vs. Income Tax Officer WD 42 1 2, Mumbai

In the result, appeal filed by the assessee is allowed

ITA 5695/MUM/2024[2021-22]Status: DisposedITAT Mumbai03 Feb 2025AY 2021-22

Bench: BEFORESHRI ANIKESH BANERJEE (Judicial Member), SHRI PRABHASH SHANKAR (Accountant Member)

For Appellant: Shri Arvind Wadke, CAFor Respondent: Shri Kiran Unavekar(SR DR)
Section 139(1)Section 143(1)Section 154Section 155Section 246ASection 250Section 80PSection 80P(2)(d)

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “K(SMC)”, MUMBAI BEFORESHRI ANIKESH BANERJEE, JUDICIAL MEMBER AND SHRI PRABHASH SHANKAR

Guru Anand Co-Operative Housing Society Ltd, Mumbai vs. Income Tax Officer WD 42 1 2, Mumbai

In the result, appeal filed by the assessee is allowed

ITA 5691/MUM/2024[2020-21]Status: DisposedITAT Mumbai03 Feb 2025AY 2020-21

Bench: SHRI ANIKESH BANERJEE (Judicial Member), SHRI PRABHASH SHANKAR (Accountant Member)

For Appellant: Shri Arvind Wadke, CAFor Respondent: Shri Kiran Unavekar(SR DR)
Section 139(1)Section 143(1)Section 154Section 155Section 246ASection 250Section 80PSection 80P(2)(d)

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “K(SMC)”, MUMBAI BEFORESHRI ANIKESH BANERJEE, JUDICIAL MEMBER AND SHRI PRABHASH SHANKAR

Pandalapaka Primary Agricultural Co-Op Society Ltd, East Godavari vs. Income-Tax Officer, Ward-1, Kakinada

ITA 438/VIZ/2024[2020-21]Status: DisposedITAT Visakhapatnam28 Jan 2025AY 2020-21

Bench: 29.03.2022 After Obtaining Prior Approval From The Pcit, Visakhapatnam 1. In Response, Assessee Submitted Reply Through E-Mail On 24.03.2022 Stating That Assessee Is Eligible For Deduction Under Section 80P Of The Act & Therefore Issuance Of Notice Under Section 148A(A) Of The Act Is Not Warranted. Ld. Ao Did Not Accept The Reply Of The Assessee & Decided That It Is A Fit Case Of Issue Of Notice Under Section 148 Of The Act For The A.Y. 2018-19 & Thereafter Passed Order Under Section 148A(D) Of The Act On 30.03.2022.

Section 142(1)Section 144Section 148Section 148ASection 80P

I.T.A.Nos.437 & 438/VIZ/2024 Pandalapaka Primary Agricultural Co-op Credit Society Ltd., -- Delhi [hereinafter in short "Ld.CIT(A)"] vide respective DIN

Shree Kedarnath Co-Op Housing Society Ltd, Mumbai vs. ITO-42(1)(5), Mumbai

ITA 6435/MUM/2024[2017-18]Status: DisposedITAT Mumbai28 Jan 2025AY 2017-18

Bench: Shri Narender Kumar Choudhry & Ms. Padmavathy S

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

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “F”, MUMBAI BEFORE SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER AND MS. PADMAVATHY

Sai Ankur Co-Operative Housing Society Ltd, Mumbai vs. Income Tax Office- Ward 41(3)(4), Mumbai

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

ITA 5989/MUM/2024[2021-22]Status: DisposedITAT Mumbai22 Jan 2025AY 2021-22

Bench: Shri Narender Kumar Choudhryassessment Year: 2021-22

For Appellant: Shri Abhishek Choksy, Ld. A.RFor Respondent: Shri Gotimukul Santosh Kumar, Sr. D.R
Section 143(1)Section 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

The Great Eastern Royale Cooperative Housing Society Limited, Mumbai vs. The Income Tax Officer - Ward 19(3)(1), Mumbai

ITA 4977/MUM/2024[2019-2020]Status: DisposedITAT Mumbai22 Jan 2025AY 2019-2020

Bench: Shri Narender Kumar Choudhry

Section 119Section 139Section 139(1)Section 234ASection 250Section 80ASection 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

Gomati Co-Operative Milk Producers Union Limited, Agartala vs. ACIT-National-E-Assement Centre, New Delhi

ITA 136/GTY/2023[2018-19]Status: DisposedITAT Guwahati20 Jan 2025AY 2018-19

Bench: Shri Manomohan Das, Hon’Ble & Shri Rakesh Mishra, Hon’Ble

For Appellant: Shri Kishor Jain, FCAFor Respondent: Shri Kaushik Ray, JCIT
Section 143(3)Section 250Section 5Section 56Section 80PSection 80P(2)(d)Section 80P(4)

petitioner is a Co- operative Bank registered under the Co-operative Societies Act. [Para 9] ■A reading of the definition in section 2(19) would make it clear that 'Co-operative Society' means a Co-operative Society registered under Co-operative Societies Act, 1912. Thus, a Co-operative Society referred ... National Bank for Agriculture and Rural Development Act, 1981 (Central Act No. 61 of 1981)". 14. In this respect, as per section 2(19) of IT Act"co-operative society" means a co-operative society registered under the Co-operative Societies Act, 1912 (2 of 1912), or under any other

Shri Vidhyut Board Credit and Consumers Co Operative Society Limited, Bhavnagar vs. A.C.I.T., Circle-1, Bhavnagar

ITA 1057/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad16 Jan 2025AY 2017-18

Bench: Ms. Suchitra Kamble

Section 142(1)Section 143(2)Section 144BSection 2(19)Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(2)(d)

erred in law and on facts and in the circumstance of case in wrongly interpreting the provision of the section 2(19) of the IT Act relied upon by himself defining Cooperative society and not considering Saurashtra Gramin Bank a Regional Rural bank as Cooperative society though Section 2(19

Dreamland Co Operative Housing Society Limited, Vashi vs. CIT (A), National Faceless Appeal Centre

In the result, the appeal of the Assessee is allowed

ITA 6111/MUM/2024[2019-20]Status: DisposedITAT Mumbai16 Jan 2025AY 2019-20

Bench: Shri Narender Kumar Choudhryassessment Year: 2019-20

For Appellant: Shri Shashikant Joshi, Ld. A.RFor Respondent: Shri Kiran Unavekar, Ld. Sr. D.R
Section 154Section 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

Indocount Employes Co-Op Credit Society, Kolhapur vs. ITO Ward -1(1), Kolhapur

In the result appeal of the assessee is allowed as per terms indicated above

ITA 2565/PUN/2024[2018-19]Status: DisposedITAT Pune15 Jan 2025AY 2018-19

Bench: Dr. Manish Borad & Ms. Astha Chandraआयकर अपील सं. / Ita No.2565/Pun/2024 धििाारण वषा / Assessment Year: 2018-2019 Indocount Employees Co-Op Vs Ito, Ward-1(1), Credit Society Ltd., Gokul Kolhapur Shirgaon-416234 Maharashtra Pan-Aaa1798Q Appellant Respondent

For Appellant: Shri Rajat S. PowarFor Respondent: Shri Vishal A Makawane
Section 143(3)Section 234ASection 250Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 80P(4)Section 8P(2)(a)

operative society on interest income оп investments/deposits parked with a co-operative bank, which is a registered co-operative society as per section 2(19) of the Act, defining co-operative society to mean a co- 4 operative society registered under the Co-operative Societies Act, 1912 or under

Nand Bhuvan Ind Primises Co-Op Soc Ltd, Mumbai vs. ITO Ward-24(3)(1), Mumbai

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

ITA 6010/MUM/2024[2017-18]Status: DisposedITAT Mumbai14 Jan 2025AY 2017-18

Bench: Shri Narender Kumar Choudhryassessment Year: 2017-18

For Appellant: Ms. Kinjal Bhuta, Ld. A.RFor Respondent: Shri Kiran Unavekar, Ld. Sr. D.R
Section 143(3)Section 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

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

In the result, in view of judgment in ITA No

ITA 5828/MUM/2024[2020-21]Status: DisposedITAT Mumbai07 Jan 2025AY 2020-21

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)

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

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)

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

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)

erred in upholding the action of the AO that co-operative bank is a not a co-operative society within the meaning of section 2(19) of the Act. 3. On facts and circumstance of the case and in law, the CIT(A) erred to hold that income ... 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

Sri Rameshwara Bahu Uddeshi Souharda Sahakari Sangha Niyamitha, Shimoga vs. Income Tax Officer, Ward-5, Shimoga

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

ITA 1703/BANG/2024[2017-18]Status: DisposedITAT Bangalore06 Jan 2025AY 2017-18

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K.Assessment Year : 2017-18

For Appellant: Smt. Pratibha R, Advocate
Section 2(19)Section 80PSection 80P(2)(a)

IN THE INCOME TAX APPELLATE TRIBUNAL SMC-‘B’ BENCH : BANGALORE BEFORE SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER AND SHRI SOUNDARARAJAN

Bussa Industrial Premises Co Operative Society Limited, Mumbai vs. ITO(22)(1)(3), Piramal Chambers, Mumbai

In the result, appeal filed by the assessee is allowed in above terms

ITA 4856/MUM/2024[2017-2018]Status: DisposedITAT Mumbai03 Jan 2025AY 2017-2018

Bench: Shri B R Baskaran & Shri Raj Kumar Chauhanbussa Industrial Premises Co- Ito 22(1)(3), Operative Society Ltd. Vs. Piramal Chamber, Mumbai. Century Bazaar Lane, Prabhadevi, Mumbai – 400 025 Pan: Aaaab6817F (Appellant) (Respondent) Assessee Represented By : Shri Pritesh Joshi, Ld. Ar Department Represented By : Shri Umesh Chandra Sinha, Ld. Dr Date Of Conclusion Of Hearing : 12.11.2024 Date Of Pronouncement : 03.01.2025

Section 143(3)Section 250Section 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

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)

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

ITO-19.3.1, Mumbai vs. Shivsahyadri Sahakari Pathpedhi, Mumbai

In the result, appeals of the Revenue are dismissed

ITA 5905/MUM/2024[2018-19]Status: DisposedITAT Mumbai31 Dec 2024AY 2018-19

Bench: SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI, GIRISH AGRAWAL (Accountant Member)

Section 14Section 143(1)Section 143(3)Section 80Section 80PSection 80P(2)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