“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)

Shah and Nahar Industrial Premises A2Co-Op Society Limited, Mumbai vs. National E-Assessment Centre, New Delhi

In the result, the appeals for AY 2017-18, 2018-19 & 2020-21 of the assessee are allowed

ITA 542/MUM/2024[2020-2021]Status: DisposedITAT Mumbai21 Jun 2024AY 2020-2021

Bench: Ms Padmavathy S, Am & Shri Raj Kumar Chauhan, Jm

For Appellant: Shri Ashish A. Thakurdesai, CAFor Respondent: Shri Dr. Kishor Dhule, CIT-DR &

Section 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 ... 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

ITO-22(1)(6), Mumbai vs. Ahuja Tower Co Operative Housing Society Ltd., Mumbai

In the result, the appeal by the Revenue is dismissed

ITA 1060/MUM/2024[2018-19]Status: DisposedITAT Mumbai20 Jun 2024AY 2018-19

Bench: Shri Narendra Kumar Billaiya & Shri Sandeep Singh Karhail

For Appellant: Shri Anil SatheFor Respondent: Shri Harmesh Lal, Sr. DR

Section 143Section 143(3)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

Income Tax Officer-22(1)(6), Mumbai vs. Ahuja Tower Co Operative Housing Society Limited, Mumbai

In the result, the appeal by the assessee is allowed, while the appeal by the Revenue is dismissed

ITA 859/MUM/2024[2020-21]Status: DisposedITAT Mumbai19 Jun 2024AY 2020-21

Bench: Shri Narendra Kumar Billaiya & Shri Sandeep Singh Karhail

For Appellant: Shri Anil SatheFor Respondent: Shri Sunny Kachhwaha

Section 142(1)Section 143(2)Section 250Section 80P(2)(d)

Johnson & Johnson Employees Co-Operative Credit Society Limited, Mumbai vs. Commissioner of Income Tax (Appeals) Add/JCIT (A)-5 Income Tax Department, Mumbai

In the result, the appeal by the assessee is allowed

ITA 1473/MUM/2024[2021-22]Status: DisposedITAT Mumbai19 Jun 2024AY 2021-22

Bench: Shri B.R. Baskaran & Shri Sandeep Singh Karhail

For Appellant: Shri Jitendra SinghFor Respondent: Shri Surendra Meena

Section 143(1)Section 250Section 80PSection 80P(1)Section 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

Income Tax Officer, Ward-1(7), Hubballi vs. The Dharwad Urban Credit Souharda Sahakari, Dharwad

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

ITA 552/BANG/2024[2017]Status: DisposedITAT Bangalore18 Jun 2024

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2017-18

For Appellant: Shri Shree Raksha D, CAFor Respondent: Shri V. Parithivel, JCIT – DR

Section 142(1)Section 143(2)Section 143(3)Section 68Section 80P(2)(a)Section 80P(2)(d)

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) of the I T Act, 1961. In view of the decision of the Jurisdictional High Court, the Ao is hereby directed to allow

Income Tax Officer, Bkc, Mumbai vs. Idbi Staff Co-Operative Society Ltd, Mumbai

ITA 1209/MUM/2024[2020-21]Status: DisposedITAT Mumbai18 Jun 2024AY 2020-21

Bench: Shri Anikesh Banerjee & Shri Gagan Goyal

Section 143(3)Section 144BSection 14ASection 194ASection 250Section 80P(2)(a)Section 80P(2)(d)Section 80P(4)Section 8U

ITA Nos. 1207 to 1209 /Mum/2024 IDBI Staff Co-operative Credit Society Ltd IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI

Income Tax Officer, Mumbai vs. Idbi Staff Co-Operative Credit Society Ltd, Mumbai

ITA 1207/MUM/2024[2013-14]Status: DisposedITAT Mumbai18 Jun 2024AY 2013-14

Bench: Shri Anikesh Banerjeeand Shri Gagan Goyal

Section 143(3)Section 144BSection 14ASection 194ASection 250Section 80P(2)(a)Section 80P(2)(d)Section 80P(4)Section 8U

ITA Nos. 1207 to 1209 /Mum/2024 IDBI Staff Co-operative Credit Society Ltd IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI

Backbay Premises Co-Op Society Ltd., Mumbai vs. National Faceless Appeal Centre, Delhi

In the result, the appeals are allowed

ITA 4146/MUM/2023[2014-15]Status: DisposedITAT Mumbai14 Jun 2024AY 2014-15

Bench: Justice (Retd.) C V Bhadang, Hon’Ble & Shri B R Baskaran, Hon’Ble

For Appellant: Shri Vimal PunmiyaFor Respondent: Shri Ashok Kumar Ambastha

Section 143(3)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 Societies Act, 1983. The High Court after taking a note of the definition of a 'Co-operative Society', as contained in section 2(19) of the Income Tax Act, 1961, held that a Co-operative Bank, would fall within the purview of the term 'Co-operative Society', entitling

Backbay Premises Co-Op Society Ltd., Mumbai vs. National Faceless Assement Centre, Delhi

In the result, the appeals are allowed

ITA 4144/MUM/2023[2015-16]Status: DisposedITAT Mumbai14 Jun 2024AY 2015-16

Bench: Justice (Retd.) C V Bhadang, Hon’Ble & Shri B R Baskaran, Hon’Ble

For Appellant: Shri Vimal PunmiyaFor Respondent: Shri Ashok Kumar Ambastha

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

Income Tax Officer, Pandharpur vs. Dhanshri Multi State Co-Operative Credit Society Ltd, Mangalwedha

ITA 463/PUN/2024[2020-21]Status: DisposedITAT Pune13 Jun 2024AY 2020-21

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.463/Pun/2024 िनधा"रण वष" / Assessment Year: 2020-21 The Income Tax Officer, V Dhanshri Multi State Pandharpur. S Cooperative Society Ltd., Damaji Road, Murlidhar Chow, Mangalwedha, Maharashtra – 413304. Pan: Aabad1879N Appellant/ Revenue Respondent /Assessee Assessee By None Revenue By Shri Arvind Desai – Dr Date Of Hearing 12/06/2024 Date Of Pronouncement 13/06/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Revenue Against The Order Of Ld.Commissioner Of Income-Tax(Appeals)[Nfac] Dated 14.12.2023 For The A.Y.2020-21. The Revenue Has Raised Following Grounds Of Appeal : “1. Cit(A) Failed To Appreciate That Even Otherwise The Assessee Society Is Not Eligible For Deduction U/S.80P(2)(D) Of Act. Sec 80P(2)(D)Of Act Is Applicable To Interest & Dividends Earned From Investments In A Co-Operative Society, Which Is Wholly Deductible In The Hands Of A Co-Operative Society. 2. Cit(A) Failed To Appreciate Provisions Of Section 80P(4). 3.Cit(A) Nfac Failed To Appreciate Dhanshri Multi State Co-Operative Credit Society Ltd.,[R]

Section 2(19)Section 80PSection 80P(1)Section 80P(2)Section 80P(2)(a)Section 80P(2)(d)Section 80P(4)

bank other than a primary agricultural credit society or a primary co-operative agricultural and rural development bank.Even the definition, as contained in section 2(19) of the Income tax Act, 1961, speaks only of “Co-operative Society” and not a “Co-operative Bank.” Further, as per Banking Regulation

M/S. Sri. Vasavi Vividoddesha Souharda Sahakari Niyamitha, Kollegal vs. Income Tax Officer, Ward-1, Chamarajanagar

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

ITA 829/BANG/2024[2017-18]Status: DisposedITAT Bangalore13 Jun 2024AY 2017-18

Bench: Shri George George K & Shri Waseem Ahmedr Assessment Year : 2017-18 M/S. Sri Vasavi Vividoddesha Souharda Vs. Ito, Sahakari Niyamitha, Ward – 1, 7/454A, Srinivasa Mansion, I Floor, Chamarajanagar. New Bus Stand Road, Kollegal – 571 440. Pan : Aadas 1521 L Appellant Respondent Assessee By : Shri. Vageesh Hegde, Ca Revenue By : Shri. Ganesh R Gale, Standing Counsel For Department. Date Of Hearing : 12.06.2024 Date Of Pronouncement : 13.06.2024

For Appellant: Shri. Vageesh Hegde, CAFor Respondent: Shri. Ganesh R Gale, Standing Counsel for Department

Section 2(19)Section 250Section 56Section 57Section 80PSection 80P(2)(a)Section 80P(2)(c)Section 80P(2)(d)

section 80P of the Act was that assessee is a Souharda Co- operative and is not a co-operative society as defined under section 2(19) of the Act. 3. Aggrieved by the Assessment Order denying the claim of deduction under section 80P of the Act, assessee preferred appeal before

Madapura vs. Sbn, Kodaguvs.Income Tax Officer, Ward-1, Madikeri

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

ITA 705/BANG/2024[2017-18]Status: DisposedITAT Bangalore06 Jun 2024AY 2017-18

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahu

For Appellant: Shri Ravishankar S.V, AdvocateFor Respondent: Ms. Shamala D.D, Addl. CIT(DR)

Section 2(19)Section 234ASection 80PSection 80P(2)Section 80P(2)(a)Section 8o

IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH : BANGALORE BEFORE SMT. BEENA PILLAI, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU

Dahisar Sanskruti Cooperative Housing Society Ltd., Mumbai vs. Centralized Processing Unit, Income Tax Department, Bangalore

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

ITA 209/MUM/2024[2020-21]Status: DisposedITAT Mumbai04 Jun 2024AY 2020-21

Bench: Shri Narender Kumar Choudhry & Smt. Renu Jauhariassessment Year: 2020-21

For Appellant: Shri Anand Desai, A.RFor Respondent: Shri C.T. Mathews, Sr. DR

Section 234ASection 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

Shree Gudaleshwar Gramin Bigar Sheti Sah Pat Sanshta Maryadit, Gudal, Radhanagari, Kolhapur vs. The Income Tax Officer, Ward 1 (1), Kolhapur

Appeal is allowed in above terms

ITA 406/PUN/2024[A.Y. 2020-21]Status: DisposedITAT Pune03 Jun 2024

Bench: Shri Rama Kanta Panda & Shri Satbeer Singh Godara

For Appellant: Shri A.S. NaikFor Respondent: Shri Ramnath P. Murkunde

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

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE “A” BENCH : PUNE [THROUGH VIRTUAL HEARING] BEFORE SHRI RAMA KANTA PANDA, VICE PRESIDENT

Income Tax Officer Ward-2, Ahmednagar vs. Goreshwar Gramin Bigar Sheti Sahakari Pat Sanstha Maryadit, Parner Dist. Ahmednagar

Appeal is dismissed in above terms

ITA 1191/PUN/2023[2020-21]Status: DisposedITAT Pune03 Jun 2024AY 2020-21

Bench: Shri Rama Kanta Panda & Shri Satbeer Singh Godara

For Appellant: -None-For Respondent: Shri Ramnath P Murkunde

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

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE “A” BENCH : PUNE [VIRTUAL HEARING] BEFORE SHRI RAMA KANTA PANDA, VICE PRESIDENT AND

Yersova Primerose Co-Op Housing Society Limited, Mumbai vs. Income Tax Officer-25(1)(4), Mumbai

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

ITA 363/MUM/2024[2018-19]Status: DisposedITAT Mumbai31 May 2024AY 2018-19

Bench: Shri Narender Kumar Choudhry & Smt. Renu Jauhariassessment Year: 2018-19

For Appellant: Shri Anil Tiwari, A.RFor Respondent: Shri Nagnath Pasale, D.R

Section 143(1)Section 154Section 234ASection 250Section 80PSection 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

Arihant (Sra) Co-Operative Housing Society Limited, Mumbai vs. Income Tax Officer Ward 22(1)(6) Mumbai, Mumbai

In the result, both the appeals filed by the assessee stand

ITA 4775/MUM/2023[A. Y. 2020-21]Status: DisposedITAT Mumbai29 May 2024

Bench: Shri Narender Kumar Choudhry & Smt. Renu Jauhari

For Appellant: Shri Ajay Arvind Wadke, A.RFor Respondent: Shri Himanshu Kumar, D.R

Section 143(1)Section 234ASection 250Section 80P(2)(d)

Income Tax Officer, Ward 10(1), Pune, Akurdi vs. Shri Bhairavnat Gramin Bigarsheti Patsanstha Maryadig, Landewadi

Appeal is dismissed in above

ITA 252/PUN/2024[2017]Status: DisposedITAT Pune28 May 2024

Bench: Shri Satbeer Singh Godara & Shri Gd Padmahshali

For Appellant: -None-For Respondent: Shri Ramnath P. Murkunde

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

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE “A” BENCH : PUNE : [HYBRID HEARING] BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND

Sadhana Sahakari Patpedhi Limited, Vasai, Palghar vs. CIT(A), NFAC, Delhi

ITA 57/MUM/2024[2020-21]Status: DisposedITAT Mumbai22 May 2024AY 2020-21

For Appellant: Shri Unmesh NarvekarFor Respondent: Dr. Kishor Dhule

Section 143Section 143(1)Section 143(3)Section 80PSection 80P(2)(a)Section 80P(2)(c)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

Sadhana Sahakari Patpedhi Limited, Palghar vs. CIT(A), NFAC, Delhi

ITA 56/MUM/2024[2018-19]Status: DisposedITAT Mumbai22 May 2024AY 2018-19

For Appellant: Shri Unmesh NarvekarFor Respondent: Dr. Kishor Dhule

Section 143Section 143(1)Section 143(3)Section 80PSection 80P(2)(a)Section 80P(2)(c)Section 80P(2)(d)Section 80P(4)