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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 Ikkaraiboluvampatti Paccs 33, Coimbatore vs. ITO, Ncw 4(2), Coimbatore

In the result, appeal filed by the assessee is allowed

ITA 461/CHNY/2021[2017-18]Status: DisposedITAT Chennai02 Nov 2022AY 2017-18

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.461/Chny/2021 िनधा"रण वष" /Assessment Year: 2017-18 M/S.Ikkaraiboluvampatti Paccs, V. The Income Tax Officer, 33, Rajaji Street, Non-Corporate Ward-4(2), Coimbatore. Coimbatore. [Pan: Aaaai 3699 A] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Mr.J.Saravanan, Adv. ""यथ" क" ओर से /Respondent By : Mr.P.Sajit Kumar, Jcit सुनवाई क" तारीख/Date Of Hearing : 19.10.2022 घोषणा क" तारीख /Date Of Pronouncement : 02.11.2022

For Respondent: Mr.P.Sajit Kumar, JCIT
Section 56Section 80PSection 80P(2)(a)

this regard, we have to first examine whether a 'co-operative bank' is akin to the 'co- operative society' mentioned in section 2(19) or section 80P(2)(d). 5.4.1 Hon'ble High Court of Karnataka has answered this issue against the assessee and in favour of revenue, at para ... from other sources, which is ineligible for deduction under section 80P(2)(d). Further, the definition of co-operative society as contained in Section 2(19) speaks only of "Cooperative Society" and not “co-operative bank". Similarly, the words' Co-operative Banks' are missing in clause (d) of subsection (2

M/S Jal Ratan Deep Co-Operative Housing Society, Mumbai vs. ITO Ward 31(2)(1), Mumbai

ITA 2351/MUM/2022[2020-21]Status: DisposedITAT Mumbai01 Nov 2022AY 2020-21

Bench: Shri Kuldip Singh ()

Section 1Section 115JSection 143Section 250Section 80Section 80P(2)(d)

1 Jal Ratan Deep Co-op Hsg Society Ltd IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “SMC”, MUMBAI BEFORE

M/S Jal Ratan Deep Co-Operative Housing Society, Mumbai vs. ITO Ward 31(2)(1), Mumbai

ITA 2350/MUM/2022[2017-18]Status: DisposedITAT Mumbai01 Nov 2022AY 2017-18

Bench: Shri Kuldip Singh ()

Section 1Section 115JSection 143Section 250Section 80Section 80P(2)(d)

1 Jal Ratan Deep Co-op Hsg Society Ltd IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “SMC”, MUMBAI BEFORE

M/S Jal Ratan Deep Co-Operative Housing Society, Mumbai vs. ITO Ward 31(2)(1), Mumbai

ITA 2349/MUM/2022[2016-17]Status: DisposedITAT Mumbai01 Nov 2022AY 2016-17

Bench: Shri Kuldip Singh ()

Section 1Section 115JSection 143Section 250Section 80Section 80P(2)(d)

1 Jal Ratan Deep Co-op Hsg Society Ltd IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “SMC”, MUMBAI BEFORE

M/S Jal Ratan Deep Co-Operative Housing Society, Mumbai vs. ITO Ward 31(2)(1), Mumbai

ITA 2348/MUM/2022[201-15]Status: DisposedITAT Mumbai01 Nov 2022

Bench: Shri Kuldip Singh ()

Section 1Section 115JSection 143Section 250Section 80Section 80P(2)(d)

1 Jal Ratan Deep Co-op Hsg Society Ltd IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “SMC”, MUMBAI BEFORE

Datta Digambhar Co Operative Credit Society Ltd, Mumbai vs. CIT(A) NFAC, Delhi

ITA 1819/MUM/2022[2017-18]Status: DisposedITAT Mumbai31 Oct 2022AY 2017-18

Bench: Shri Kuldip Singhassessment Year: 2017-18

For Appellant: Shri Kartik Golekar,A.RFor Respondent: Shri Anul Gupta, D.R
Section 143(3)Section 80PSection 80P(2)(a)Section 80P(2)(d)

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “SMC”, MUMBAI BEFORE SHRI KULDIP SINGH, JUDICIAL MEMBER Assessment Year: 2017-18

Income Tax Officer -17(2) (1), Mumbai vs. Mittal Court Premises Co.Op.Society Ltd, Mumbai

In the result, the appeals of the revenue are dismissed

ITA 1537/MUM/2022[2016-17]Status: DisposedITAT Mumbai31 Oct 2022AY 2016-17
For Appellant: Shri Sunil M. LalaFor Respondent: Ms. Mahita Nair (Sr. AR)
Section 194ASection 194A(3)(v)Section 56Section 80PSection 80P(2)(d)Section 80P(4)

IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM AND SHRI AMARJIT SINGH, AM

Income Tax Officer -17(2) (1), Mumbai vs. Mittal Court Premises Co.Op.Society Ltd, Mumbai

In the result, the appeals of the revenue are dismissed

ITA 1536/MUM/2022[2014-15]Status: DisposedITAT Mumbai31 Oct 2022AY 2014-15
For Appellant: Shri Sunil M. LalaFor Respondent: Ms. Mahita Nair (Sr. AR)
Section 194ASection 194A(3)(v)Section 56Section 80PSection 80P(2)(d)Section 80P(4)

IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM AND SHRI AMARJIT SINGH, AM

Income Tax Officer-17(2) (1), Mumbai vs. Mittal Court Premises Co.Op. Society Ltd, Mumbai

In the result, the appeals of the revenue are dismissed

ITA 1535/MUM/2022[2015-16]Status: DisposedITAT Mumbai31 Oct 2022AY 2015-16
For Appellant: Shri Sunil M. LalaFor Respondent: Ms. Mahita Nair (Sr. AR)
Section 194ASection 194A(3)(v)Section 56Section 80PSection 80P(2)(d)Section 80P(4)

IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM AND SHRI AMARJIT SINGH, AM

Ashoka Palace Co.Op Hsc Soc Ltd, Mumbai vs. ITO WD-31(1) (1), Mumbai

In the result, appeal by the assessee is allowed

ITA 2062/MUM/2021[2018-19]Status: DisposedITAT Mumbai31 Oct 2022AY 2018-19

Bench: Shri Vikas Awasthyआअसं.2062/मुं/2021 ("न.व. 2018-19) Ashoka Palace Co-Op. Hsg. Soc.Ltd., Malad East, Makrani Pada Road, Mumbai 400 097. Pan: Aaaaa-9300-N ...... अपीलाथ" /Appellant बनाम Vs. Income Tax Officer –Ward-31(1)(1), Kautilya Bhavan, Bandra (East) Mumbai 400 051. ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Dharan Gandhi ""तवाद" "वारा/Respondent By : Ms. Beena Santosh सुनवाई क" "त"थ/ Date Of Hearing : 02/08/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 31/10/2022 आदेश/ Order

For Appellant: Shri Dharan GandhiFor Respondent: Ms. Beena Santosh
Section 143(1)Section 154Section 80P(2)(d)

आयकर अपील"य अ"धकरण मुंबई पीठ “ एस एम सी ” "ी "वकास अव"थी, "या"यक सद"य के सम" IN

Sumer Nagar Co-Operative Housing Society Ltd Bldg.No. 1, Mumbai vs. Income Tax Officer WD 32(1) (1), Mumbai

The appeal of the assessee is allowed

ITA 1239/MUM/2022[2016-17]Status: DisposedITAT Mumbai21 Oct 2022AY 2016-17

Bench: Shri Aby T Varkey & Shri Amarjit Singhsumer Nagar Co- Vs. Income-Tax Officer, Ward Operative Housing 32(3)(4), Mumbai Society Limited, Bldg. Kautilya Bhavan, Bkc No.1, Ground Floor, Complex Bandra East, Office Of Sumer Nagar Mumbai - 400051 Bldg No. 1. S.V. Road, Near Flyover, Borivali (W) Mumbai – 400 092 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aacas6832K Appellant .. Respondent

For Appellant: Jitendra SinghFor Respondent: Mahita Nair
Section 143(2)Section 143(3)Section 144Section 80PSection 80P(2)(d)

ITA No.1239/Mum/2022 A.Y. 2016-17 1 Sumer Nagar Co-operative Housing Society Limited Vs. ITO-32(3)(4) IN THE

Alka Co-Operative Housing Society Limited, Mumbai vs. Ward 24(1)(1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 1236/MUM/2022[2018-2019]Status: DisposedITAT Mumbai21 Oct 2022AY 2018-2019

Bench: Shri Aby T Varkey & Shri Amarjit Singhalka Co-Operative Vs. Ward 24(1)(1) Housing Society Limited Piramal Chamber, Plot No. 296A Shivaji Lalbaug, Parel, Colony, Off Andheri Mumbai - 400012 Kurla Road, Chakrala Andheri East – 400099 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aacaa9218R Appellant .. Respondent

For Appellant: Hemant SinghFor Respondent: Mahita Nair
Section 119Section 119(2)(b)Section 139Section 143Section 154Section 80P(2)(d)

ITA No.1236/Mum/2022 A.Y.2018-19 1 Alka Cooperative Housing Society Ltd. VS. Ward 24(1)(1) IN THE INCOME TAX APPELLATE TRIBUNAL

Maker Towers A & B Co-Op Hsg Soc. Ltd, Mumbai vs. Assistant Commissioner of Income Tax Ward 17(2)(3), Mumbai

In the result, appeal by the assessee is allowed

ITA 1060/MUM/2022[2017-18]Status: DisposedITAT Mumbai18 Oct 2022AY 2017-18

Bench: Shri M. Balaganesh & Shri Sandeep Singh Karhail

For Appellant: Shri B.V. JhaveriFor Respondent: Ms. Agnes Thomas
Section 143(3)Section 250Section 80PSection 80P(2)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 ... operative societies and therefore we are of the considered view that these banks are co-operative society as per the provisions of section 2(19) of the Act. 13. Further, as regards the reliance placed by the AO as well as the learned CIT(A) upon the decision

Maker Towers A & B Co-Op Hsg Soc. Ltd, Mumbai vs. Asstt Commissioner of Income Tax Ward 17(2)(3), Mumbai

In the result, appeal by the assessee is allowed

ITA 1059/MUM/2022[2016-17]Status: DisposedITAT Mumbai18 Oct 2022AY 2016-17

Bench: Shri M. Balaganesh & Shri Sandeep Singh Karhail

For Appellant: Shri B.V. JhaveriFor Respondent: Ms. Agnes Thomas
Section 143(3)Section 250Section 80PSection 80P(2)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 ... operative societies and therefore we are of the considered view that these banks are co-operative society as per the provisions of section 2(19) of the Act. 13. Further, as regards the reliance placed by the AO as well as the learned CIT(A) upon the decision

Maker Tower A& B Co-Op Hsg Soc. Ltd, Mumbai vs. Dy Commissioner Income Tax, 1(2) NFAC Centre Delhi, Delhi

In the result, appeal by the assessee is allowed

ITA 1058/MUM/2022[2018-19]Status: DisposedITAT Mumbai18 Oct 2022AY 2018-19

Bench: Shri M. Balaganesh & Shri Sandeep Singh Karhail

For Appellant: Shri B.V. JhaveriFor Respondent: Ms. Agnes Thomas
Section 143(3)Section 250Section 80PSection 80P(2)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 ... operative societies and therefore we are of the considered view that these banks are co-operative society as per the provisions of section 2(19) of the Act. 13. Further, as regards the reliance placed by the AO as well as the learned CIT(A) upon the decision

Maker Tower A&B Co-Op Hsg Soc. Ltd, Mumbai vs. ACIT Ward 17(2)(3), Mumbai

In the result, appeal by the assessee is allowed

ITA 1057/MUM/2022[2014-15]Status: DisposedITAT Mumbai18 Oct 2022AY 2014-15

Bench: Shri M. Balaganesh & Shri Sandeep Singh Karhail

For Appellant: Shri B.V. JhaveriFor Respondent: Ms. Agnes Thomas
Section 143(3)Section 250Section 80PSection 80P(2)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 ... operative societies and therefore we are of the considered view that these banks are co-operative society as per the provisions of section 2(19) of the Act. 13. Further, as regards the reliance placed by the AO as well as the learned CIT(A) upon the decision

Avanti Niketan Co-Operative Housing Society Ltd, Mumbai vs. Commissioner of Income Tax (Appeal), Mumbai

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

ITA 1851/MUM/2022[2020-2021]Status: DisposedITAT Mumbai06 Oct 2022AY 2020-2021
Section 80PSection 80P(2)(d)

THE INCOME TAX APPELLATE TRIBUNAL “SMC” Bench, Mumbai Shri B.R. Baskaran (AM) I.T.A. No. 1851/Mum/2022 (A.Y. 2020-21) Vs. The

Parle Geeta Coop Hsg SC Ltd, Mumbai vs. CPC Unit, Bangalore

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

ITA 2152/MUM/2022[2016-17]Status: DisposedITAT Mumbai30 Sept 2022AY 2016-17

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: NoneFor Respondent: Shri Manoj Sinha
Section 143(3)Section 80Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 80P(4)

IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SHRI AMIT SHUKLA, HON'BLE JUDICIAL MEMBER AND SHRI S

ITO WD 12(3)(1), Mumbai vs. M/S. Mittal Court Premises Co-Op Society Ltd., Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 2128/MUM/2022[2018-19]Status: DisposedITAT Mumbai30 Sept 2022AY 2018-19

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: NoneFor Respondent: Shri Manoj Sinha
Section 194Section 194ASection 80PSection 80P(2)(d)Section 80P(4)

IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SHRI AMIT SHUKLA, HON'BLE JUDICIAL MEMBER AND SHRI S

Samarpan A & B Wing Co Operative Housing Society Limited, Mumbai vs. Income Tax Officer 32(2)(1), Mumbai

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

ITA 2121/MUM/2022[2020-21]Status: DisposedITAT Mumbai30 Sept 2022AY 2020-21

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: NoneFor Respondent: Shri Manoj Sinha
Section 143(1)(a)Section 143(3)Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 80P(4)

IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SHRI AMIT SHUKLA, HON'BLE JUDICIAL MEMBER AND SHRI S