§ 65
Chapter IV — Computation Of Total Income

Interpretation for purposes of section 64

Income-tax Act, 2025

This section provides definitions for various terms related to co-operative banks, such as amalgamation, demerger, and conversion. These definitions are crucial for understanding the tax implications of these transactions. Key concepts include:

  • amalgamation, where one co-operative bank merges with another
  • demerger, where a co-operative bank transfers its undertakings to another bank
  • conversion, where a primary co-operative bank transitions to a banking company
These definitions help clarify the tax treatment of these transactions under the Income-tax Act.

📜 Official text of the section +
65. For the purposes of section 64,— ( a) “amalgamation” means the merger of an amalgamating co-operative bank with an amalgamated co-operative bank, if— ( i) all the assets and liabilities of the amalgamating co-operative bank or banks immediately before the merger (other than the assets transferred, by sale or distribution on winding up, to the amalga - mated co-operative bank) become the assets and liabilities of the amalgamated co-operative bank; ( ii) the members holding 75% or more voting rights in the amalgam - ating co-operative bank become members of the amalgamated co-operative bank; and ( iii) the shareholders holding 75% or more in value of the shares in the amalgamating co-operative bank (other than the shares held by the amalgamated co-operative bank or its nominee or its subsidiary, immediately before the merger) become shareholders of the amal- gamated co-operative bank; ( b) “amalgamating co-operative bank” means— ( i) a co-operative bank which merges with another co-operative bank; or ( ii) every co-operative bank merging to form a new co-operative bank; ( c) “amalgamated co-operative bank” means— ( i) a co-operative bank with which one or more amalgamating co-op- erative banks merge; or ( ii) a co-operative bank formed as a result of merger of two or more amalgamating co-operative banks; ( d) “business reorganisation” means reorganisation of business involving the amalgamation or demerger of a co-operative bank or conversion of a primary co-operative bank; ( e) “conversion” means transition of a primary co-operative bank to a banking company under the scheme of the Reserve Bank of India as may be notified vide its circular number DCBR. CO. LS. PCB. Cir. No. 5/07.01.000/2018-19, dated 27th September, 2018; ( f) “converted banking company” means a banking company formed as a result of conversion from primary co-operative bank; ( g) “demerger” means the transfer by a demerged co-operative bank of one or more of its undertakings to any resulting co-operative bank, in such manner that— ( i) all the assets and liabilities of the undertaking or undertakings immediately before the transfer become the assets and liabilities of the resulting co-operative bank; ( ii) the assets and the liabilities are transferred to the resulting co-op- erative bank at values (other than change in the value of assets consequent to their revaluation) appearing in its books of account immediately before the transfer; ( iii) the resulting co-operative bank issues, in consideration of the trans- fer, its membership to the members of the demerged co-operative bank on a proportionate basis; ( iv) the shareholders holding 75% or more in value of the shares in the demerged co-operative bank (other than shares already held by the resulting bank or its nominee or its subsidiary immediately before the transfer), become shareholders of the resulting co-operative bank, otherwise than as a result of the acquisition of the assets of the demerged co-operative bank or any undertaking thereof by the resulting co-operative bank; ( v) the transfer of the undertaking is on a going concern basis; and ( vi) the transfer is as per the conditions specified by the Central Gov - ernment, by notification, having regard to the necessity to ensure that the transfer is for genuine business purposes; ( h) “demerged co-operative bank” means the co-operative bank whose undertaking is transferred, pursuant to a demerger, to a resulting bank; ( i) “predecessor co-operative bank” means the amalgamating co-operative bank or the demerged co-operative bank, or the primary co-operative bank, which has been succeeded as a result of conversion; ( j) “primary co-operative bank” shall have the meaning assigned to it in clause (ccv) of section 56 of the Banking Regulation Act, 1949 (10 of 1949); ( k) “resulting co-operative bank” means— ( i) one or more co-operative banks to which the undertaking of the demerged co-operative bank is transferred in a demerger; or ( ii) any co-operative bank formed as a result of demerger; ( l) “successor co-operative bank” means the amalgamated co-operative bank or the resulting bank. Interpretation.

Plain-language summary — not the official text. Refer to the bare Act and confirm with a professional for your specific case.