INCOME TAX OFFICER, UDUPI vs. SAGAR CREDIT CO-OPERATIVE SOCIETY, UDUPI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the Revenue's grounds of appeal were misplaced as the CIT(A) had not adjudicated on the issue of deduction for interest income from co-operative banks. The CIT(A) had only directed proportionate deduction for credit facilities to members.
What were the facts?
The assessee, a co-operative society, claimed deduction under Section 80P. The AO disallowed the entire deduction, citing violation of mutuality principles due to transactions with non-members and interest income from co-operative banks. The CIT(A) partly allowed the appeal, directing the AO to verify and allow proportionate deduction for credit facilities to members.
What were the issues?
Whether the CIT(A) erred in directing the AO to verify and allow proportionate deduction under Section 80P for credit facilities to members, and whether the Revenue's grounds of appeal were relevant to the CIT(A)'s order.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(3)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Pr. CIT v. Totagars1,074 citing395 ITR 611 · 2017 · HC
- Mavilayi Service Co-operative Bank Ltd. v. CIT999 citing431 ITR 1 · 2021 · SC
- Citizen Co-operative Society Ltd. v. ACIT499 citing397 ITR 1 · 2017 · SC
Income Tax Appellate Tribunal, “C” BENCH : BANGALORE
Before: SHRI GEORGE GEORGE K & SHRI LAXMI PRASAD SAHU
Per George George K, Vice President:
This appeal at the instance of the assessee is directed against CIT(A)’s order dated 19.12.2023, passed under section 250 of the Income Tax Act, 1961 (hereinafter called ‘the Act’). The relevant Assessment Year is 2017-18.
The grounds raised read as follows:
The order of the learned CIT(A) is opposed to law and facts of the case.
2. The Ld.CIT(A) has erred in deciding the appeal without going to the facts and circumstances of the case. 3. On the facts and circumstances of the case, whether CIT(A) is correct in setting aside the issue of disallowance U/s.80P(2)(a)(i)/80P(2)(d)
of the I.T.Act to the A.O. for verification, as section 251(1)(a) does not grant any such powers to the CIT(A) and the same has also been upheld by Honourable ITAT Chennai Bench order in the case of ACIT Vs Shri Mohamed Hassan in dated: 4-3-2022.
On the facts and circumstances of the case, whether Ld.CIT(A) is correct in allowing interest income earned from Banks which are not Co-operative Societies as deduction U/s.80P(2)(a)(i) / 80P(2)(d) of the I.T.Act, 1961 in contravention to the Honourable Karnataka High Court Judgment dated: 16-6-2017 in the case M/s.Totagar's Co- operative Sale Society in ITA No.100066/2016.
For these and other grounds that may be urged upon, the order of CIT(A) may be reversed and that assessment order to be restored.
Brief facts of the case are as follows:
Assessee is a co-operative society registered under the Karnataka State Co- operative Societies Act, 1959. For the Assessment Year 2017-18, the return of income was filed on 28.02.2018 declaring ‘Nil’ income, after claiming deduction under section 80P(2)(a)(i) of the Act, amounting to Rs.1,75,21,375/-. The assessment was selected for scrutiny and notice under section 143(2) of the Act was issued on 13.08.2018. Assessee, during the course of assessment proceedings, was directed to justify the claim of deduction under section 80P(2)(a)(i) of the Act. The assessee was also directed to furnish the details of its members. On receipt of the details of the members, the AO observed that assessee’s main business was not with its regular members but with non-members / associate members. Therefore, the AO was of the view that assessee had violated the principles of mutuality and relying on the judgment of the Hon’ble Apex Court in the case of Citizen Co- operative Society Ltd., reported in (2017) 397 ITR 1 denied the entire claim of deduction under section 80P of the Act.. Incidentally, the AO also noticed that assessee was in receipt of a sum of Rs.1,16,85,866/- as interest income from investments with co-operative banks. The AO was of the view that the said interest income has to be assessed as income from other sources and relied on the judgment of the Hon’ble Karnataka High Court in the case of Totagars Co- operative Sale Society Ltd., (ITA No.100066/2016 reported in 395 ITR 611 (Karnataka)]. However, the AO did not make a separate addition as entire claim of deduction under section 80P(2)(a)(i) of the Act amounting to Rs.1,75,21,375/- was disallowed by the AO.
4. Aggrieved by the order of the Assessment denying the claim of deduction under section 80P of the Act, assessee filed appeal before the First Appellate Authority (FAA). The CIT(A) partly allowed the appeal of the assessee. The CIT(A), relying on the judgment of the Hon’ble Apex Court in the case of Mavilayi Service Co-operative Bank Ltd., & Ors. Vs. CIT, reported in 431 ITR 1, directed the AO to grant deduction under section 80P in respect of the assessee’s income out of providing credit facilities to its members. The relevant finding of the CIT(A) reads as follows:
“5.1.4 Considering the above, the AO is directed to verify and examine The Karnataka Co-op. Society Act, under which the assesse is registered, and find out whether extending credit facilities to non members are also one of the activity of the assesse, which is duly approved and registered by the KCS Act, then the assesse will be entitled to avail deduction in terms of section 80P(2)(a)(i)/80P(4) of IT Act in light of the judgement o Hon'ble Supreme Court in the case of The Mavilayi Service. Co-op Bank Ltd. (Supra). As a result, Ground Nos. 1 to 5 are partly allowed.”
5. Aggrieved by the order of the CIT(A), Revenue has filed the present appeal before the Tribunal. The grounds raised are with regard to claim of deduction under section 80P(2)(a)(i) of the Act in respect of interest received from co- operative banks. Alternatively, it has been submitted in the grounds that deduction under section 80P(2)(d) of the Act also cannot be granted. On perusal of the entire CIT(A)’s order, we are of the view that these grounds are misplaced. In other words, the issue raised in the memorandum of grounds does not arise out of the order of the CIT(A). The CIT(A) has not adjudicated on the issue of claim of deduction under section 80P(2)(a)(i) / 80P(2)(d) of the Act with respect to interest income received on investments with co-operative banks. The CIT(A) has only directed the AO to allow proportionate deduction under section 80P of the Act with regard to assessee’s income arising out of providing credit facilities to its members. Therefore, the order of the CIT(A) does not require any interference and we uphold the same.
In the result, appeal filed by the Revenue is dismissed.
More judgments on Section 80P
- Shree Bandharda Seva Sahkari Mandli Ltd… vs Income Tax Officer Ward -4, JunagadhITA 881/RJT/2025[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Duddukuru Primary Agricultural Cooperative… vs ITO, Ward - 1, TadepalligudemITA 258/VIZ/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Parthasaradhi Mutually Aided Co-Operative… vs Income-Tax Officer, Ward-17(1), HyderabadITA 2322/HYD/2026[AY 2016-17]Status: Disposed16 Oct 2026
- Jijamata Mahila Gramin Bigar Sheti Sahakari… vs ITO Ward -1, BhandraITA 102/NAG/2026[2020-21]Status: Disposed12 Oct 2026AY 2020-21
- Shri Na vs Ari Khedut Sahkari Society Ltd…ITA 362/SRT/2025[2016-17]Status: Disposed9 Oct 2026AY 2016-17
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