DAPODI WORKSHOP EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LIMITED,PUNE vs. INCOME TAX OFFICER, WARD 8(1), PUNE, PUNE

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ITA 1565/PUN/2026Status: DisposedITAT Pune06 July 2026AY 2018-197 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal allowed the assessee's claim for deduction under Section 80P(2)(a)(i). This decision was based on the Tribunal's own prior ruling in the assessee's case for a different assessment year under identical circumstances.

What were the facts?

The assessee, a salary earners' Co-operative Credit Society, claimed a deduction under Section 80P(2)(a)(i) of the Income Tax Act for Rs. 32,97,192/-. The Assessing Officer disallowed this claim, and the CIT(A)/NFAC upheld the disallowance.

What were the issues?

Whether the assessee, a co-operative credit society, is eligible for deduction under Section 80P(2)(a)(i) of the Income Tax Act on its income from providing credit facilities to its members.

Which sections of the Income-tax Act were involved?

Section 80P(2)(a)(i)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE

Before: SHRI R. K. PANDA & Ms. ASTHA CHANDRA

For Appellant: CA Rasika N. Ganlande and Arpit D Dambhare
For Respondent: Shri Pawan Bharti (through virtual)

PER R.K. PANDA, VP:

This appeal filed by the assessee is directed against the order dated 16.01.2026 of the Ld. CIT(A) / NFAC, Delhi relating to assessment year 2018-19. 2. The only issue raised by the assessee in the grounds of appeal relates to the disallowance of claim of deduction u/s 80P(2)(a)(i) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) amounting to Rs.32,97,192/- by the Assessing Officer which has been upheld by the Ld. CIT(A) / NFAC.

3.

Facts of the case, in brief, are that the assessee is a salary earners’ Co- operative Credit Society registered under Maharashtra Co-Operative Societies Act,

2 1960. It is engaged in the business of providing loans and credit facilities exclusively to its members. It filed its return of income on 03.10.2018 declaring total income at Nil after claiming deduction u/s 80P(2)(a)(i) of the Act at Rs.32,97,192/-. The Assessing Officer disallowed the claim of deduction u/s 80P of the said amount which was upheld by the Ld. CIT(A) / NFAC.

4.

Aggrieved with such order of the Ld. CIT(A) / NFAC the assessee is in appeal before the Tribunal.

5.

The Ld. Counsel for the assessee at the outset filed a copy of the order of the Tribunal in assessee’s own case vide ITA No.824/PUN/2025 order dated 16.05.2025 for assessment year 2020-21 and submitted that the Tribunal under identical circumstances has allowed the claim of deduction u/s 80P(2)(a)(i) of the Act. Relying on various other decisions placed in the paper book, he submitted that the claim of deduction u/s 80P(2)(a)(i) of the Act has also been allowed in the following decisions: ITA No.49/PUN/2024 order dated 25.04.2024 for assessment year 2017-18 No.549/PUN/2024 order dated 30.04.2024 for assessment year 2018-19 ITA No.32/PUN/2024 order dated 25.04.2024 for assessment year 2020-21 v) State Bank of India Employees Co-Op. Credit Society Ltd vs. ITO vide ITA No.306/PUN/2022 order dated 29.08.2022 for assessment year 2018-19

3 vi) The Mavilayi Service Co-operative Bank Ltd. & Ors vs. CIT & Anr reported in (2021) 431 ITR 1 (SC) vii) Nos.2861 & 2862/PUN/2025 order dated 23.01.2026 for assessment years 2018-19 & 2020-21 viii) Maharshi Karve Stree Shikshan Sansthas Employees Co-Op. Society Ltd. vs. ITO vide ITA No.668/PUN/2025 order dated 05.01.2026 for assessment year 2018-19 CIT vs. Virgin Securities & Credits (P) Ltd reported in (2011) 332 ITR 396 (Del) xi) Ketankumar Thakorbhai Patel vs. ITO vide ITA No.2152/Ahd/2025 order dated 03.03.2026 for assessment year 2011-12

6.

The Ld. DR on the other hand heavily relied on the orders of the Assessing Officer and the Ld. CIT(A) / NFAC.

7.

We have heard the rival arguments made by both the sides, perused the orders of the Assessing Officer and the Ld. CIT(A) / NFAC and the paper book filed on behalf of the assessee. We have also considered the various decisions cited before us. We find an identical issue had come up before the Tribunal in assessee’s own case for assessment year 2020-21. We find the Tribunal vide ITA No.824/PUN/2025 order dated 16.05.2025 has allowed the claim of deduction u/s 80P(2)(a)(i) of the Act by observing as under:

“3. We have heard both the parties and perused the records. Assessee is a Co- operative Credit Society engaged in the business of providing credit facility to its members. Assessee filed Return of Income for A.Y.2020-21 showing Gross Total Income of Rs.39,43,019/- and total income of Rs.Nil after claiming deduction of Rs.39,43,019/- under section 80P of the Income Tax Act, 1961. Assessee is duly registered with

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