TUNGABHADRA PATTINA SOUHARDA SAHAKARI SANGHA NIYAMITHA,SINDHANUR vs. INCOME TAX OFFICER, WARD-1, RAICHUR, RAICHUR

PER KESHAV DUBEY, JUDICIAL MEMBER:

These appeals at the instance of the assessee are directed against the separate orders of the ld. CIT(A)/NFAC both dated 16.6.2025 vide DIN & Order No. ITBA/NFAC/S/250/2025- 26/1077077958(1) for the assessment year 2017-18 & vide DIN & Order No. ITBA/NFAC/S/250/2025-26/1077079068(1) for the assessment year 2018-19 passed u/s 250 of the Income Tax Act, 1961 (in short “The Act”). Since the issue involved in both these appeals is common in nature, these are clubbed together, heard together and disposed of by this common order for the sake of convenience and brevity.

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ITA Nos.1844 & 1845/Bang/2025 Sri Tungabhadra Pattina Souhardha Sahakari Sangha Niyamitha, Raichur Page 4 of 20 4. The brief facts of the case are that the Assessee is a Souharda Sahakari Sangha registered under the provisions of the Karnataka Souharda Sahakari Act, 1997 and is engaged in the activity of accepting deposits from its members and providing credit facilities to its members in accordance with its registered bye-laws. The assessee is regularly assessed to income tax and has been filing its returns of income from year to year.

4.1 For the AY 2017-18, the assessee filed its return of income declaring a total income of Rs. 8,73,970/- after claiming deduction u/s 80P of the Act amounting to Rs. 49,72,726/-. The said return of income was processed u/s 143(1) of the Act. Thereafter the case was selected for scrutiny. The assessment was completed u/s 143(3) of the Act, wherein the AO denied the deduction claimed u/s 80P on the ground that the assessee, being registered under the Karnataka Souharda Sahakari Act, 1997, could not be regarded as a co-operative society for the purposes of section 80P of the Act. In the said order, the Assessing Officer also made disallowances in respect of interest paid to members and commission paid to pigmy deposit collectors on account of alleged non-deduction of tax at source.

4.2 Similarly, for the Assessment Year 2018-19, the assessee filed its return of income declaring a total income of Rs.11,85,230/- after claiming deduction u/s 80P of the Act amounting to Rs.51,46,448/-. The assessment was completed u/s 143(3) of the Act, wherein the AO denied the deduction u/s 80P on similar grounds, namely that the assessee was registered under the Karnataka Souharda Sahakari Act, 1997 and not under the Karnataka Cooperative Societies Act, 1959. In addition thereto, the AO also made disallowances u/s 40(a)(ia) of the Act in respect of interest and commission payments.

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4.3 Aggrieved by the assessment orders for both the assessment years, the assessee preferred appeals before the Commissioners of Income tax (Appeals). The appellate authorities, by separate orders, confirmed the denial of deduction u/s 80P as well as the other disallowances as made by the AO.

4.4 The assessee carried the matter further in appeal before the Tribunal for both the Assessment Years. The appeals were heard together and disposed of by a consolidated order dated 08.02.2022 in ITA Nos. 724 & 725/Bang/2021. The Tribunal vide order dated 08/02/2022 deleted the disallowances made u/s 40(a)(ia) of the Act in respect of interest paid to members and commission paid to pigmy deposit collectors. Insofar as the claim of deduction u/s 80P of the Act was concerned, the Tribunal remitted the issue to the file of the Assessing Officer for fresh consideration in accordance with law.

4.5 Pursuant to the directions of the Tribunal, the assessments for both the assessment years were taken up afresh by the Assessing Officer. Notices u/s 142(1) of the Act were issued calling for various details and documents. In response thereto, the assessee furnished the requisite information, including its registration certificate, bye-laws, audited financial statements, details of deposits, loans, investments, interest income and interest expenditure, and other supporting records.

4.6 Upon completion of the proceedings pursuant to the directions of this Tribunal, the AO passed separate orders u/s 143(3) r.w.s 254 of the Act for the AY 2017-18 and 2018-19. In the said orders, the AO again denied the assessee's claim of deduction

ITA Nos.1844 & 1845/Bang/2025 Sri Tungabhadra Pattina Souhardha Sahakari Sangha Niyamitha, Raichur Page 6 of 20 u/s 80P(2)(a)(i) of the Act on the ground that the assessee, being registered under the Karnataka Souharda Sahakari Act, 1997, could not be regarded as a co-operative society for thepurposes of section 80P of the Act. The AO further held that the interest income earned on investments was not eligible for deduction u/s 80P(2)(d) of the Act and assessed the same to tax while completing the assessments.

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8.1 In the case of credit co-operative societies, generally, they don't carry out any activity except in providing credit facilities to its members and the funds are operational funds. The only fund available with the pure credit societies is deposits from its members and, thus, there are no surplus funds as such other than accumulated profits which also belong to the members.

8.2 It is further submitted that to meet any eventuality the societies are required to maintain some liquid funds and it is also a fact that there may not be takers for loan always. Therefore, the credit societies invest in fixed deposits till such time a willing borrower is found from amongst the members. Therefore, it may be construed as entire activity of investing in co-operative banks and income arising therefrom is nothing but attributable to business of banking. Therefore, it is submitted that the Phrase 'attributable to' brings within its fold not only the items of income having direct nexus, but also items of income having some commercial or causal connection with the source.

ITA Nos.1844 & 1845/Bang/2025 Sri Tungabhadra Pattina Souhardha Sahakari Sangha Niyamitha, Raichur Page 8 of 20 8.3 It is also submitted that no amounts deposited in the co- operative banks represent any dues or liabilities payable to members. These funds are not in the nature of short-term deposits made out of liabilities as seen in the Apex Court decision in the case of Totgars Co-operative Sale Society Ltd. case(322 ITR 283). Therefore, the present case is distinguishable, and the assessee’s facts align with the Hon'ble Jurisdictional High Court decision in the case of Tumkur Merchants Souharda Credit Co- operative Ltd. (230Taxman 309).

8.4 He submitted that in the case of the Assessee, the amount which was invested in Co-operative Banks to earn interest was not an amount due to any members. It was not on account of any liability that was to be refunded to the members. In fact, this amount which is in the nature of profits and gains, was not immediately required by the Assessee for lending money to the members, as there were no takers. The said interest and dividend income from the bank is therefore attributable to carrying on the business and therefore it is eligible to be deducted in terms of Section 80P(2)(a)(i) of the Act.

8.5 Without prejudice to the above submissions, the ld. AR submitted that section 80P(2)(d) of the Act provides for hundred percent deduction in respect of any income by way of interest or dividends derived by the co-operative society from its investments with any other co-operative society, so long as the same forms part of the Gross Total Income. For the purpose of this clause, he referred to Section 2(b-1) of the Karnataka Co-operative Societies Act, 1959 wherein a Co-operative bank has been defined as below- 2(b-1) "Co-operative Bank" means a Co-operative Society which is doing the business of banking.

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8.6 The AR submitted that a co-operative bank is also a co- operative society and interest earned from a co-operative bank is tantamount to receiving interest from a co-operative society that would qualify for deduction under clause (d) of section 80(P)(2) of the Act. Further it is also submitted that the cooperative banks essentially continue to be co-operative societies and while 'co- operative societies' is a genus term, the 'co-operative banks' are species thereto. Therefore, such co-operative banks are essentially cooperative societies notwithstanding their engagement in banking business. Consequently, it is claimed that the investment in cooperative banks are to be treated at par with investment in cooperative societies for the purposes of eligibility of deduction u/s 80P(2)(d) of the Act.

8.7 Without prejudice to the above and assuming without admitting that the interest received from co-operative banks is not eligible for claiming deduction u/s 80P(2)(d) of the Act, the ld. A.R. submitted that the proportionate expense incurred in connection with the interest received ought to have been allowed as a deductible expenditure u/s 57 of the Act. An identical claim was made before Hon'bleSupreme Court in the case reported as Totgars Co-operative Sale Society Ltd. Vs. ITO (2010) 188 taxmann.com 282 and the Hon'ble Supreme Court, had restored the question raised by the Assessee to the file of Hon'ble High Court of Karnataka. Consequent thereto, the Hon'ble High Court of Karnataka has passed the order in the case reported in 58 taxmann.com 35 and held that the Tribunal was not right in coming to the conclusion that the interest earned by the Assessee is an income from other sources without allowing deduction in respect of proportionate cost, administrative expenses incurred in respect of such deposits. Accordingly, it is prayed that deduction of proportionate cost,

ITA Nos.1844 & 1845/Bang/2025 Sri Tungabhadra Pattina Souhardha Sahakari Sangha Niyamitha, Raichur Page 10 of 20 administrative and other expenses be allowed if the interest income earned from bank deposits is assessed as income under the head "other sources" and requested that the Tribunal may be pleased to cancel the addition made by the ld. AO and allow deduction u/s 80P of the Act.

“9.2 First we will consider the argument of the AR of the assessee supporting that the assessee is entitled for the deduction under section 80P(2)(a)(i) of the act as the entire interest earned by the cooperative society from Co-operative Bank/Scheduled Bank/Co-operative society is attributable to the business of the assessee. The Hon'ble Apex Court in the case of Mavilayi Service Co-operative Bank Ltd. v. CIT [2021] 123 taxmann.com 161/431 ITR 1/279 Taxman 75 (SC) has held that the co-operative societies providing credit facilities to its members is entitled to deduction u/s 80P(2)(a)(i) of the Act. We are of the considered opinion that if the Idle fund/ surplus money which are neither required to be deposited for maintaining the fluid resources nor statutorily required to be deposited under the Karnataka State Co-operative societies Act are invested/deposited into bank with an intention to earn Interest income only as these

ITA Nos.1844 & 1845/Bang/2025 Sri Tungabhadra Pattina Souhardha Sahakari Sangha Niyamitha, Raichur Page 11 of 20 funds are not immediately required for the purposes of the business then it can not be said that such interest income earned are attributable to the business of the assessee. Therefore, such interest income earned on the surplus fund can neither be treated as an operational income of the assessee nor can it be said to be attributable to the business of the assessee. Had the intention of the legislature was to treat all the interest income earned by society are attributable to the business of the assessee only, then the provision of section 80P(2)(d) of the Act would be completely redundant. According to Section 14 of the Act, all income shall, for the purposes of charge of income tax and computation of total income, be classified under the five heads of income as specified. Therefore, we do not agree with the contention of the assessee that the entire interest income of Rs.3,42,99,582/-are allowable as deduction u/s 80P(2)(a)(i) of the Act. 9.3 Further the ld. CIT(A)/NFAC, heavily relied upon the decision of the Apex Court in the case of Totagar Sales Society (supra) and contended that the interest earned out of surplus funds kept by co-operative societies with banks are not eligible for deduction u/s 80P(2)(d) of the Act and the same are taxable as Income from Other sources u/s 56 of the Act. When we look at the decision of Hon'ble Supreme Court in case of Totgars Cooperative Sale Society's case (supra), relied by the Ld. DR, Hon'ble Supreme Court was dealing with a case where the assessee therein, apart from providing credit facilities to the members, was also in the business of marketing of agricultural produce grown by its members. The sale consideration received from marketing agricultural produce of its members was retained in many cases. The said retained amount payable to its members from whom produce was bought, was invested in a short-term deposit/security. Such amount retained by the assessee therein was a liability and it was shown in the balance sheet on the liability side. Therefore, to that extent, such interest income cannot be said to be attributable either to the activity mentioned in Section 80P(2)(a)(i) of the Act or under Section 80P(2)(a)(iii) of the Act. On these facts Hon'ble Supreme Court held the assessing officer was right in taxing the interest income indicated above under Section 56 as income from other sources of the Act. Hon'ble Supreme Court, also clarified that, they are confining the said judgment to the facts of that case alone. 9.4 Further the adjudication by the Hon'ble Supreme Court in case of Totgars Co- operative Sale Society Ltd. (supra) was in context of Sec. 80P(2)(a)(i), and not on the entitlement of a cooperative society towards deduction under Sec.80P(2)(d) on the interest income on the investments/deposits parked with a cooperative bank. Therefore, reliance was placed by the Ld. CIT(A)/NFAC on the decision of Hon'ble Supreme Court in the case of T otgars Co-operative Sale Society Ltd. (supra) is distinguishable on facts. 9.5 Now we will consider the second argument raised by the AR of the assessee by contending that the assessee is entitled for the deduction under section 80P(2)(a)(i) of the act to such portion of the interest from co-operative banks in respect of mandatorily maintenance of fluid resources as compared under the assessee's governing statute and only the balance of interest over and above the mandatory SLR was liable to be charged under section 56 of the Act.

ITA Nos.1844 & 1845/Bang/2025 Sri Tungabhadra Pattina Souhardha Sahakari Sangha Niyamitha, Raichur Page 12 of 20 9.6 We note that the primary issue in dispute pertains to the eligibility of deduction u/s 80P(2)(a)(i) of the Act/80P(2)(d) of the Act in respect of interest income earned from deposit made with cooperative banks and district co-operative banks/Scheduled banks. The crux of the matter is whether such interest income is to be considered as "business income" eligible for deduction u/s 80P(2)(a)(i) of the Act or 80P(2)(d) of the Act or to be classified as "income from other sources" and taxed accordingly. 9.7 We also take a note of the fact that the certain deposits(FDs) in question as contended by the AR of the assessee was not voluntarily made by the assessee society for investment purposes but were instead statutorily mandated by the Karnataka State Cooperative Society Act, 1959/ Karnataka Souharda Sahakari Act,1997. As per section 57(2) of the Karnataka State Co-operative Society Act, 1959, a co-operative society shall, out of its net profit in any year transfer an amount not being less than twenty-five per cent of the profits to the reserve fund. Further as per Rule 28 of the Karnataka Co-operative Societies Rules, 1960, every Co-operative Society accepting deposits and granting cash credits shall maintain fluid resources in such form and according to such standards as may be fixed by the Registrar, from time to time, by general or special order. As per section 58 of the Karnataka State Co-operative Society Act, 1959, such reserve funds must be mandatorily invested in specified institutions including co-operative banks. We find that this statutory requirement imposes a legal obligation on the assessee society to maintain such deposits thereby restricting its ability to freely use or withdraw these funds for its business operations without prior approval from the Registrar of Co-operative Societies. We also take note of the fact that if the Statutory funds are not invested in the prescribed fund, the business of the assessee may get hampered/affected due to the violation of these statutory provisions. 9.8 Given this statutory compulsion, we find that interest income is attributable to the profits and gains of business and therefore, the interest income derived from the statutory deposits made with the banks are entitled for deductions u/s 80P(2)(a)(i) of the Act. In holding so, we also draw our support and guidance from the judgment of the Hon'ble Supreme Court in the case of Cambay Electrical Supply Industrial Co. Ltd. v. CIT [1978] 113 ITR 84 (SC) which has considered the term "attributable" and held as follows: "As regards the aspect emerging from the expression "attributable to" occurring in the phrase "profits and gains attributable to the business" of the specific industry (here generation and distribution of society) on which the learned Solicitor-General relied, it will be pertinent to observe that the legislature has deliberately used the expression "attributable to" and not the expression "derived from". It cannot be disputed that the expression "attributable to" is certainly wider in import than the expression "derived from" been used, it could have with some force been contented that a balance charge arising from the sale of old machinery and buildings cannot be regarded as profits and gains derived from the conduct of the business of generation and distribution of electricity. In this connection, it may be pointed out that whenever the legislature wanted to give a restricted meaning in the manner suggested by the learned Solicitor General, it has used the expression "derived from", as for instance, in Section 80J. In our view, since the

ITA Nos.1844 & 1845/Bang/2025 Sri Tungabhadra Pattina Souhardha Sahakari Sangha Niyamitha, Raichur Page 13 of 20 expression of wider import, namely "attributable to" has been used, the legislature intended to cover receipts from sources other than the actual conduct of the business of generation and distribution of electricity" 9.9 Further, we also draw support and guidance from the judgment of Hon'ble Supreme Court in the case of CIT v. Karnataka State Co-operative Apex Bank [2001] 118 Taxman 321/251 ITR 194 (SC) wherein it was held as under: "There is no doubt, and it is not disputed, that the assessee co-operative bank is required to place a part of its funds with the State Bank or the Reserve Bank of India to enable it to carry on its banking business. This being so, any income derived from funds so placed arises from the business carried on by it and the assessee has not, by reason of section 80P(2)(a)(i), to pay income tax thereon. The placement of such funds being imperative for the purpose of carrying on the banking business, the income derived there from would be income from the assessee's business. We are unable to take the view that found favour with the Bench that decided the case of M.P. Co-operative Ltd. (supra) that only income derived from circulating or working capital would fall within section 80P(2)(a)(i). There is nothing in the phraseology of that provision which makes it applicable only to income derived from working or circulating capital." 9.10 Further, the Apex Court in the case of Mehsana District Central Co-operative Bank Ltd. v. Income-tax Officer [2001] 119 Taxman 785/251 ITR 522 (SC) had again reiterated by relying on its own judgment delivered in the case of Karnataka State Co-operative Apex Bank's case (supra) as under- "Insofar as the interest income upon statutory reserves is concerned, the question must be answered in favour of the assessee, in the light of the judgment delivered by us in Karnataka State Co-operative Apex Bank's case (supra)." In view of the above principles laid down by Hon'ble Supreme Court if the income is attributable to the profits & gains of business of the society, then the assessee society is entitled for deduction u/s 80P(2)(a)(i) of the Act. 9.11 Further, In the case of ClT v. Nawanshahar Central Cooperative Bank Ltd. [2007] 160 Taxman 48/289 ITR 6 (SC), the Apex Court held that the investments made by a banking concern are part of the business of banking. Therefore, the income arising from such investments is attributable to the business of banking falling under the head "Profits and Gains of Business and Profession". Even though the abovementioned decision was in the context of cooperative societies /Banks claiming deduction under section 80P (2)(a)(i) of the Act, the principle is equally applicable to all banks/commercial banks, to which Banking Regulation Act, 1949 as per the CBDT Circular No. 18/2015 dated 02/11/2015. 9.12 The Hon'ble High Court of Karnataka in the case of Tumkur Merchants Souharda Credit Cooperative Ltd. v. Income-tax Officer [2015] 55 taxmann.com 447/230 Taxman 309 (Karnataka) had also held as under- "7. The word 'attributable' used in the said section is of great importance. The Apex Court had an occasion to consider the meaning of the word 'attributable'

ITA Nos.1844 & 1845/Bang/2025 Sri Tungabhadra Pattina Souhardha Sahakari Sangha Niyamitha, Raichur Page 14 of 20 as supposed to derive from its use in various other provisions of the statute in the case of Cambay Electric Supply Industrial Co. Ltd. v.CIT [1978] 113 ITR 84 (SC) as under: 'As regards the aspect emerging from the expression "attributable to" occurring in the phrase "profits and gains attributable to the business of the specified industry (here generation and distribution of electricity) on which the learned Solicitor-General relied, it will be pertinent to observe that the legislature, has deliberately used the expression "attributable to" and not the expression "derived from". It cannot be disputed that the expression "attributable to" is certainly wider in import than the expression "derived from". Had the expression "derived from" been used, it could have with some force been contended that a balancing charge arising from the sale of old machinery and buildings cannot be regarded as profits and gains derived from the conduct of the business of generation and distribution of electricity. In this connection, it may be pointed out that whenever the legislature wanted to give a restricted meaning in the manner suggested by the learned SolicitorGeneral, it has used the expression ''derived from", as, for instance, in section-80J. In our view, since the expression of wider import, namely, "attributable to'', has been used, the legislature intended to cover receipts from sources other than the actual conduct of the business of generation and distribution of electricity.' 8. Therefore, the word "attributable to" is certainly wider in import than the expression "derived from". Whenever the legislature wanted to give a restricted meaning, they have used the expression "derived from". The expression "attributable to" being of wider import, the said expression is used by the legislature whenever they intended to gather receipts from sources other than the actual conduct of the business. A Cooperative Society which is carrying on the business of providing credit facilities to its members, earns profits and gains of business by providing credit facilities to its members. The interest income so derived or the capital, if not immediately required to be lent to the members, they cannot keep the said amount idle. If they deposit this amount in bank so as to earn interest, the said interest income is attributable to the profits and gains of the business of providing credit facilities to its members only. The society is not carrying on any separate business for earning such interest income. The income so derived is the amount of profits and gains of business attributable to the activity of carrying on the business of banking or providing credit facilities to its members by a co-operative society and is liable to be deducted from the gross total income under Section 80P of the Act." 9.13 However, we are also conscious to the fact that the details of quantum of amount necessary to be deposited to comply with the Karnataka Co-operative Society Act/Karnataka Souharda Sahakari Act is not provided by the assessee to the AO. Therefore, we, in the interest of justice and fair play are inclined to set aside this issue to the file of AO with a direction to compute the required quantum of amounts needs to be deposited as per the statutory requirement and allow the claim of the deduction u/s 80P(2)(a)(i) of the Act of the corresponding interest

ITA Nos.1844 & 1845/Bang/2025 Sri Tungabhadra Pattina Souhardha Sahakari Sangha Niyamitha, Raichur Page 15 of 20 income irrespective of the fact that the investment were made by the co-operative society in cooperative Banks or scheduled banks. 9.14 Furthermore, without prejudice to the above findings, we are also inclined to consider the argument/contention of the Revenue. In the event that the AO found that any amount of investment over and above the mandatory statutory limits, the AO may consider the claim of deduction u/s 80P(2)(d) of the I.T. Act and accordingly, we direct the A.O. to verify whether interest / dividend is received by the assessee out of investments made with Cooperative Societies. If the assessee earns interest / dividend income out of investments with co-operative society, the same is entitled to deduction u/s 80P(2)(d) of the I.T. Act. 9.15 The Revenue also in the grounds of appeal profoundly relied upon the decision of Hon'ble High Court of Karnataka in the case of Totgars Cooperative Sale Society (supra) which held that the intention of legislature is clear that Co- operative banks are not specie of genus cooperative society, which would entitle to exemption or deduction under the Special Provisions of chapter VIA in the form of section 80P of the Act. 9.15.1 We are of the considered opinion that the Hon'ble Supreme Court in the case of Kerala State co-operative agricultural and rural development bank Ltd. KSCARDB v. Assessing Officer [2023] 154 taxmann.com 305/295 Taxman 675/458 ITR 384 (SC) analyzed, whether the assessee therein could be treated as a "co-operative Bank" within the meaning of sec. 80P(4) of the Act. The Hon'ble Supreme Court considered the above issue in case of an assessee who is a state level Agricultural and Rural Development Bank, governed as a cooperative society, under the relevant state cooperative societies Act, and was engaged in providing credit facilities to its members who were cooperative societies only. On facts, the assessee therein claimed deduction under Section 80P (2)(a)(i) of the Act. The Ld.AO disallowed the deduction under Section 80P(2)(a)(i) holding that the appellant/assessee is neither a primary agricultural credit society nor a primary co-operative agricultural and rural development bank. The Ld.AO therein held that the appellant/assessee is a "co-operative bank" and thus, was hit by the provisions of Section 80(P)(4) and was not entitled to the benefit of Section 80(P)(2) of the Act. This was upheld by the Ld. CIT(A) and the Tribunal. The decision of the Tribunal was confirmed by Hon'ble Kerala High Court. 9.15.2 The Apex Court analyzed the legal framework, relevant provisions under the co-operative societies Act, NABARD Act, provisions of sec. 80P under the Income Tax Act, 1961, RBI Act, the Banking Regulation Act and the various judicial precedents on similar issues. The observations of Hon'ble Supreme Court in Paras 14.3 and 15.8 are relevant that read as under: - "14.3. While analysing Section 80P of the Act in depth, the following points were noted by this Court: (i) Firstly, the marginal note to Section 80P which reads "Deduction in respect of income of co-operative societies" is significant as it indicates the general "drift" of the provision. (ii) Secondly, for purposes of eligibility for deduction, the assessee must be a "co-operative society".

ITA Nos.1844 & 1845/Bang/2025 Sri Tungabhadra Pattina Souhardha Sahakari Sangha Niyamitha, Raichur Page 16 of 20 (iii) Thirdly, the gross total income must include income that is referred to in sub-section (2). (iv) Fourthly, sub-clause (2)(a)(i) speaks of a co-operative society being "engaged in", inter alia, carrying on the business of banking or providing credit facilities to its members. (v) Fifthly, the burden is on the assessee to show, by adducing facts, that it is entitled to claim the deduction under Section 80P. (vi) Sixthly, the expression "providing credit facilities to its members" does not necessarily mean agricultural credit alone. It was highlighted that the distinction between eligibility for deduction and attributability of amount of profits and gains to an activity is a real one. Since profits and gains from credit facilities given to non-members cannot be said to be attributable to the activity of providing credit facilities to its members, such amount cannot be deducted. (vii) Seventhly, under Section 80P(1)(c), the co-operative societies must be registered either under Co-operative Societies Act, 1912, or a State Act and may be engaged in activities which may be termed as residuary activities i.e. activities not covered by sub-clauses (a) and (b), either independently of or in addition to those activities, then profits and gains attributable to such activity are also liable to be deducted, but subject to the cap specified in sub-clause (c). (viii) Eighthly, sub-clause (d) states that where interest or dividend income is derived by a co-operative society from investments with other cooperative societies, the whole of such income is eligible for deduction, the object of the provision being furtherance of the co-operative movement as a whole. .............. 15.8. Since the words 'bank' and 'banking company' are not defined in the NABARD Act, 1981, the definition in sub-clause (i) of clause (a) of Section 56 of the BR Act, 1949 has to be relied upon. It states that a cooperative society in the context of a co-operative bank is in relation to or as a banking company. Thus, cooperative bank shall be construed as references to a banking company and when the definition of banking company in clause (c) of Section 5 of the BR Act, 1949 is seen, it means any company which transacts the business of banking in India and as already noted banking business is defined in clause (b) of Section 5 to mean the accepting, for the purpose of lending or investment, of deposits of money from the public, repayable on demand or otherwise, and withdrawal by cheque, draft, order or otherwise. Thus, it is only when a co-operative society is conducting banking business in terms of the definition referred to above that it becomes a co-operative bank and in such a case, Section 22 of the BR Act, 1949 would apply wherein it would require a licence to run a co-operative bank. In other words, if a cooperative society is not conducting the business of banking as defined in clause (b) of Section 5 of the BR Act, 1949, it would not be a co-operative bank and not so within the meanings of a state co-operative bank, a central

ITA Nos.1844 & 1845/Bang/2025 Sri Tungabhadra Pattina Souhardha Sahakari Sangha Niyamitha, Raichur Page 17 of 20 co-operative bank or a primary co-operative bank in terms of Section 56(c)(i)(cci). Whereas a cooperative bank is in the nature of a banking company which transacts the business of banking as defined in clause (b) of Section 5 of the BR Act, 1949. But if a cooperative society does not transact the business of banking as defined in clause (b) of Section 5 of the BR Act, 1949, it would not be a cooperative bank. Then the definitions under the NABARD Act, 1981 would not apply. If a co-operative society is not a co- operative bank, then such an entity would be entitled to deduction but on the other hand, if it is a co-operative bank within the meaning of Section 56 of BR Act, 1949 read with the provisions of NABARD Act, 1981 then it would not be entitled to the benefit of deduction under sub-section (4) of Section 80P of the Act." 9.15.3 In any event Hon'ble Supreme Court in the decision has elaborately analyzed the requirement of a cooperative bank that could fall within the exception of section 80P(4) of the Act. Based on such principle analyzed by Hon'ble Supreme Court and respectfully following the view taken by the Hon'ble Karnataka High Court in the case of PCIT & Anr. v. Totagars Cooperative Sale Society reported in (2017) Principal Commissioner of Income-tax v. Totagars Co-operative Sale Society [2017] 78 taxmann.com 169/392 ITR 74 (Karnataka) and the Hon'ble Gujarat High Court in the case of State Bank Of India v. CIT [2016] 72 taxmann.com 64/241 Taxman 163/389 ITR 578 (Gujarat), we are also of the considered opinion that interest earned on any amount of investment over and above the required statutory limits from such commercial/cooperative banks that fall within the definition of "banking company' as per section 2(c), Section 5(b) and holds license under section 22 of the Banking regulation Act 1949, such interest are to be considered under the head 'income from other sources' as held by the jurisdictional High Court of Karnataka in the case of Totagars Co-operative Sale Society (supra). 9.16 Insofar as AR of the assessee's claim that if interest income is to be assessed as income from other sources, necessarily, the cost of fund and related administrative expenses in respect of earning such interest income should be allowed as deduction u/s 57 of the I.T.Act, 1961. We find an identical issue was considered by the Hon'ble jurisdictional High Court in the case of Totagars Cooperative Sales Society Ltd. v. ITO [2015] 58 taxmann.com 35/231 Taxman 794 (Karnataka) (judgment dated 25.03.2015). The relevant findings of the Hon'ble High Court, read as follows: - "11. Having heard the learned counsel for the parties and perusing the records and in the light of the finding recorded by The Hon'ble Supreme Court that the interest income earned by the appellant falls within the category of "other income" what falls for consideration is to answer the question as to whether the Tribunal was right in law in holding that the income by way of interest was chargeable to tax under Section 56 of the Income Tax Act without allowing deduction in respect of proportionate costs incurred as permissible under Section 57. 12. It is no doubt true that the appellant did initially claim deduction under Section 80P(2). Upon the pronouncement of the order by the Apex Court, in

ITA Nos.1844 & 1845/Bang/2025 Sri Tungabhadra Pattina Souhardha Sahakari Sangha Niyamitha, Raichur Page 18 of 20 these appeals referred to Supra, the income earned on the interest is declared as "other income" falling under Section 56 of the Income Tax Act. Then the next immediate question that follows is as to whether the entire fund i.e., in deposit with the Bank is taxable or the proportionate expenditure incurred by the appellant requires deduction. It is logical that when the Revenue is permitted to assess and recover taxes from assessee under Section 56 by treating the income earned by interest as income from "other sources", the appellant shall be entitled for proportionate expenditure cost incurred in mobilizing the deposit placed in the Bank/s. What can be taxed is only the next income which the appellant earns after deducting cost and expenditure incurred and administrative expenses incurred by the assessee. 13. Accordingly, we answer the question of law and hold that the Tribunal was not right in coming to the conclusion that the interest earned by the appellant is an income from other sources without allowing deduction in respect of the proportionate costs, administrative expenses incurred in respect of such deposits." 9.17 The assessee has not raised the plea before the Income tax Authorities that it has to be given deduction u/s 57 of the Act, in respect of expenditure for earning the interest income. However, in spite of such plea not being raised before the lower authorities, we are of the view that since the fundamental principle under Income-tax Act being that only the net income has to be taxed (i.e., gross receipt minus allowable expenditure), this plea of the assessee has to be necessarily entertained, especially in the light of the judgment of the Hon'ble jurisdictional High Court in the case of Totagars Sale Co-operative Society Limited(supra). Accordingly, the issue of deduction u/s 57 of the I.T. Act is restored to the file of the A.O. The A.O. is directed to examine whether assessee has incurred any expenditure for earning interest income, which is assessed under the head 'income from other sources. If so, the same shall be allowed as deduction u/s 57 of the Act. The assessee is directed to co-operate with the revenue and furnish all the necessary details/records/evidence. 9.18 In view of the above discussions/observations, we are inclined to remit the issue back to the file of AO for determining/computing the Business Income, Income from other sources, eligible deduction u/s 80P of the Act with the following Observations- (i) The Interest received exclusively from the credit facilities provided to its members will be treated as operating Profit of the Co-operative society & eligible for deduction u/s 80P(2)(a)(i) of the Act. (ii) Further, the Interest income earned out of the Statutory deposits/maintain fluid resources are attributable to the business activity of the co-operative society & hence also eligible for deduction u/s 80P(2)(a)(i) of the Act irrespective of the fact that the interest is earned from the co-operative bank and/or scheduled bank. (iii) For an amount of interest earned on investment over and above the required statutory limits from such scheduled/cooperative banks that fall within the definition of "banking company' as per section 2(c), Section 5(b) and holds license under section 22 of the Banking regulation Act 1949, such interest are to be considered under the head 'income from other sources' & the deduction under section 80P(2)(d)

ITA Nos.1844 & 1845/Bang/2025 Sri Tungabhadra Pattina Souhardha Sahakari Sangha Niyamitha, Raichur Page 19 of 20 is not available on such Interest on investment. However the cost of fund and related administrative expenses in respect of earning such interest income should also be allowed as deduction u/s 57 of the Act. (iv) In respect of any income by way of interest or dividends derived by the co-operative society from its investments with any other co-operative society, the whole of such income is eligible for deduction u/s 80P(2)(d) of the Act. (v) In respect of interest earned on investment out of the surplus fund/idle funds over and above as required statutorily can not be said to be attributable to the business of the assessee & therefore deduction u/s 80P(2)(a)(i) can not be allowed on such interest income. Needless to say, a reasonable opportunity of being heard must be granted to the assessee. The assessee is also directed to submit all the relevant details as well as the breakups as per our observation above. 10. In the result appeal filed by the Revenue is partly allowed for statistical purposes.”

10.1 Respectfully, following the above decision of the coordinate bench, we are also inclined to remit the issue back to the file of the AO for determining/computing the Business Income, Income from other sources, eligible deduction u/s 80P of the Act as per the observations as per the paragraph 9.18 of the above decision.

Order pronounced in the open court on 18th June, 2026

Sd/- Sd/- (Prashant Maharishi) (Keshav Dubey) Vice President Judicial Member

Bangalore, Dated 18th June,2026. VG/SPS

ITA Nos.1844 & 1845/Bang/2025 Sri Tungabhadra Pattina Souhardha Sahakari Sangha Niyamitha, Raichur Page 20 of 20

Copy to:

By order

Asst. Registrar, ITAT, Bangalore.