Section 2(19) of the Income Tax Act

The decision most relied on for Section 2(19) is Pr. CIT v. Totagars (395 ITR 611), cited in 1,074 of the 318 judgments on BharatTax that turn on this section.

Leading authorities on Section 2(19)

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).

Pr. CIT v. Totagars Co-operative Sales Society
83 Taxmann.com 140 · 2017 · High Court
306
citing judgments

Interest income earned by a co-operative society from deposits or investments made in a co-operative bank is not eligible for deduction under Section 80P(2)(d) of the Income Tax Act, 1961, in view of Section 80P(4).

Vaveru Co-operative Rural Bank Ltd. v. CIT
396 ITR 371 · 2017 · High Court
299
citing judgments
CIT v. Nawanshahar Central Co-operative Bank Ltd.
160 Taxmann 48 · 2007 · Supreme Court
256
citing judgments

Interest income arising from investments made by banks, including co-operative banks, is attributable to their business of banking and is treated as profits and gains of business, qualifying for deduction under Section 80P(2)(a)(i).

Cambay Electric Supply Industrial Co. Ltd. v. CIT
113 ITR 84 · 1978 · Supreme Court
245
citing judgments

The expression "attributable to" is wider in scope and import than the expression "derived from" when interpreting provisions related to profits and gains from a business or industrial undertaking. The legislature's deliberate use of these distinct phrases indicates a nuanced intent regarding the directness of the nexus between income and the source.

Judgments on Section 2(19)

The Woodland Co-Operative Housing Society Limited, Mumbai vs. CPC, Bangalore, Mumbai

In the result appeal of the assessee is allowed

ITA 309/MUM/2024[2021-2022]Status: DisposedITAT Mumbai27 Jun 2024AY 2021-2022

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 309/Mum/2024 (A.Y. 2021-22) The Woodland Vs. The Deputy Cooperative Housing Commissioner Of Society Limited Income Tax 101, Woodland 23 (1) Mumbai Heights 23, Dr. Raghunath Road, Bandra West Mumbai-400 050. (Appellant) (Respondent) Assessee By Shri Ashish Thakurdesai Department By Shri R.R. Makwana Date Of Hearing 06.06.2024 Date Of 27.06.2024 Pronouncement O R D E R 1. This Appeal Is Filed By The Woodland Cooperative Housing Society Ltd Against The Appellate Order Passed By The Commissioner Of Income Tax (Appeals) – 1, Lucknow (The Learned Cit – A) For Assessment Year 2021 – 22 Dated 28/11/2023 Wherein The Appeal Filed By The Assessee Against The Intimation Order Passed Under Section 143 (1) Of The Income Tax Act, 1961 (The Act) Dated 19 October 2022 By The Central Processing Centre Bangalore Made An Adjustment On Account Of Disallowance Of Deduction Under Section 80 P (2) (D) With Respect To Interest Income Earned By These Cooperative Society From Other Cooperative Banks Amounting To ₹ 410,340/–, Is Dismissed. 2. Brief Facts Of The Case Shows That Assessee Is A Resident Housing Cooperative Society, Filed Its Return Of Income On 28/12/2021 For The Impugned Assessment Year Where The Due Date Was 31/12/2021 Declaring Total Income Of ₹ 43,160/–. The Assessee Has Earned

Section 10ASection 139Section 142Section 143Section 80

Gangavihar Residency Co Operative Housing Society Limited, Andheri West vs. Income Tax Officer, Piramal Chamber Building

In the result both the appeals are allowed

ITA 1097/MUM/2024[2021-2022]Status: DisposedITAT Mumbai27 Jun 2024AY 2021-2022

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 1096/Mum/2024 (A.Y. 2020-21) I.T.A. No. 1097/Mum/2024 (A.Y. 2021-22) Gangavihar Residency Vs. Ito, Ward Cooperative Housing 24(1)(1) Society Limited Piramal Chamber Plot No. 174, Cts No. Mumbai. 427, Gangavihar Residency Chs, S.V. Road, Andheri West Mumbai-400 058. Pan : Aaaag6470H (Appellant) (Respondent) Assessee By Shri Surendra Tiwari Department By Shri R.R. Makwana Date Of Hearing 10.06.2024 Date Of Pronouncement 27.06.2024 O R D E R 1. These Are The Two Appeals Filed By The Assessee For Assessment Year 2020 – 21 & 2021 – 22 Involving Similar Issue Of Disallowance Of Deduction Under Section 80 P (2) (D) Of The Act Disallowed In Order Under Section 143 (1) Of The Act By The Central Processing Centre Bangalore While Processing The Return Of Income Of The Assessee, The Appeals Filed Before Cit – A Confirmed The Action Of The Central Processing Centre. Both The Parties Raised Similar Grounds & Arguments, Therefore These Two Appeals Are Disposed Of By This Common Order. 2. For Assessment Year 2020 – 21, The Assessee Being A Cooperative Housing Society Filed Return Of Income On 19/1/2021 Before The Due Date Of 15/2/2021 Declaring Total Income At Rupees Nil. The Intimation Under Section 143 (1) Of The Act Was Passed On 25/11/2021. In The 2

Section 10ASection 139Section 142Section 143Section 80

Divya Satkar Co-Op Hsg Society, Mumbai vs. Income Tax Officer Ward, -42(1)2, Mumbai

In the result, the solitary issue in this appeal covering all the 4 ground is of the appeal are allowed

ITA 4707/MUM/2023[2020-21]Status: DisposedITAT Mumbai27 Jun 2024AY 2020-21

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 4707/Mum/2023 (A.Y. 2020-21) Divya Satkar Cooperative Vs. Ito-42(1)(2) Housing Society Limited Kautilya Bhavan Gaurav Garden Complex Bandra Kurla Complex Bunder Pakhadi Road Bandra East Kandivali West Mumbai-400 051. Mumbai-400 067. Pan : Aaaad4869R (Appellant) (Respondent) Assessee By Shri Devendra Bafna Department By Shri R.R. Makwana Date Of Hearing 05.06.2024 Date Of Pronouncement 27.06.2024 O R D E R 1. This Appeal Is Filed By Divya Satkar Cooperative Housing Society Mumbai (Assessee/Appellant) For Assessment Year 2020 – 21 Against The Appellate Order Passed By National Faceless Appeal Centre Nfac), Delhi (The Learned Cit – A) Dated 2/11/2023 Wherein Appeal Filed By The Assessee Against The Rectification Order Passed Under Section 154 In Order Under Section 143 (1) Of The Income Tax Act (The Act) By Central Processing Centre, Was Dismissed. Assessee Is Aggrieved With Denial Of Deduction Under Section 80 P (2) (D) Of The Act Of ₹ 170,163 To The Appellant On Interest Income Received From Cooperative Banks. 2. Brief Facts Of The Case Shows That Assessee Filed Its Return Of Income On 28/1/2021 Claiming Deduction Under Section 80 P (2) (B) On Account Of Interest On Fixed Deposit Of ₹ 157,869/– From Shamrao Vithal Cooperative Bank Ltd & Saraswat Cooperative Bank Ltd Along With The Interest On Savings Bank Account Of ₹ 12,294 Totaling To ₹ 170,163/–. Thus Central Processing Centre While Processing The Page 1 Of 5

Section 10ASection 139Section 142Section 143Section 154Section 80