MUDUR VYAVASAYA SEVA SAHAKARI SANGHA LTD vs. THE COMMISSIONER OF INCOME TAX APPEALS
What did the High Court hold?
The High Court noted that similar issues were decided in a previous appeal (ITA No.55/2025) which was dismissed. The Court clarified that remand proceedings should be conducted independently, uninfluenced by ITAT's observations, and in accordance with Supreme Court rulings.
What were the facts?
The assessee claimed deduction under Section 80P for income from credit facilities to nominal members and interest on investments. The Assessing Officer denied this deduction. The ITAT remanded the matter regarding interest from nominal members but denied deduction on interest from SCDCC Bank investments.
What were the issues?
Whether nominal members qualify for Section 80P deduction and if interest on investments is deductible under Section 80P.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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- Kerala State Cooperative Agricultural and Rural Development Bank Ltd. v. Assessing Officer93 citing458 ITR 384 · 2023 · SC
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HC-KAR NC: 2026:KHC:6289-DB ITA No. 56 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND INCOME TAX APPEAL No. 56 OF 2025 BETWEEN:
MUDUR VYAVASAYA SEVA SAHAKARI SANGHA LTD., (A SOCIETY REGD., UNDER KCS ACT, 1959) H.O. MUDUR, MUDUR POST, KUNDAPURA TALUK, UDUPI DISTRICT-576233. REP. BY ITS CEO-MR. PRABHAKARA. …APPELLANT (BY SRI MAHESH R. UPPIN, ADVOCATE)
AND:
THE COMMISSIONER OF INCOME TAX (APPEALS), NATIONAL FACELESS APPEAL CENTRE, DELHI-110001.
THE INCOME TAX OFFICER, WARD - 2, AAYAKAR BHAVAN, MALPE ROAD, ADI-UDUPI, UDUPI-576 103. …RESPONDENTS (BY SRI M. THIRUMALESH, SENIOR STANDING COUNSEL)
Digitally signed by VINUTHA B S Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:6289-DB ITA No. 56 of 2025
THIS ITA / INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, PRAYING TO SET ASIDE THE ORDER DATED 29.05.2024 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU IN ITA No. 78/BANG/2024 FOR THE ASSESSMENT YEAR 2017-18.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE K. V. ARAVIND)
Heard Sri Mahesh R. Uppin, learned counsel for the appellant-Assessee and Sri M. Thirumalesh, learned Senior Standing Counsel for the respondents-Revenue.
This appeal is preferred by the assessee under Section 260A of the Income Tax Act, 1961 (for short, “the Act”), being aggrieved by the order dated 29.05.2024 passed in ITA No.78/Bang/2024 by the Income Tax Appellate Tribunal, Bengaluru (for short, “the ITAT”), pertaining to the Assessment Year 2017–18. 3. The following substantial questions of law are raised for consideration before this Court:
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HC-KAR NC: 2026:KHC:6289-DB ITA No. 56 of 2025
"(i) Whether the Tribunal is right in treating Nominal members as non-members and thereby denying benefit of deduction under Section 80P(2)(a)(i) of the Act, on the ground that, the appellant did not satisfy the conditions of 'principle of mutuality'. (ii) Whether in the facts and circumstances of the case the Tribunal was right in holding that the interest on investments derived by appellant from SCDCC Bank (a co-operative bank) was chargeable u/s. 56 of the Act as 'Income from other Sources' contrary to the mandate contained in Proviso to Section 80P(2)(a)(i) of the Act. (iii) Whether the Tribunal was right in holding that, the interest income derived by the appellant from statutory maintenance of fluid resources (which is out of statutory compulsion) not qualifies for deduction u/s. 80P(2)(a)(i) of the Act. (iv) Whether in the facts and circumstances of the case and in law, was it correct in holding that the ratio decidendi in Kerala State Co- operative Agricultural Rural Development Bank Ltd. vs. A.Ο., reported in 458 ITR 384 (SC) is squarely applicable to the appellant."
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HC-KAR NC: 2026:KHC:6289-DB ITA No. 56 of 2025
The assessee filed its return of income for the Assessment Year 2017–18 claiming deduction under Section 80P of the Act, in respect of income derived from providing credit facilities to its nominal members, as well as the interest income received on investments made with the SCDCC Bank. The Assessing Officer denied the deduction on both counts. 4.1 Aggrieved by the assessment order, the assessee preferred an appeal before the Commissioner of Income Tax (Appeals) [for short, “CIT(A)”]. The CIT(A), by order dated 18.09.2023, decided the issues against the assessee. Still aggrieved, the assessee carried the matter in further appeal before the ITAT. The ITAT, by the impugned order dated 29.05.2024, remanded the matter insofar as it relates to the interest income received from nominal members. However, with respect to the interest income earned on deposits made with the SCDCC Bank, the Tribunal, applying the provisions of Section 80P(2)(d) of the Act, denied the claim for deduction. 5. At the outset, Sri M. Thirumalesh, learned Senior Standing Counsel appearing for the respondents–Revenue, submits that the questions raised in the present appeal have
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HC-KAR NC: 2026:KHC:6289-DB ITA No. 56 of 2025
already been considered by this Court in Bannanje Grahakara Vividhoddesha Sahakara Sangha Ltd., Vs. The Commissioner Of Income Tax (Appeals) in ITA No.55/2025, disposed of on 22.01.2026, wherein the appeal preferred by the assessee was dismissed.
Sri. Mahesh R. Uppin, learned counsel appearing for the appellant–assessee, is not in a position to dispute the said submission. 7. Having heard the learned counsel for the parties, we notice that in ITA No.55/2025, this Court has already considered the contentions raised, and that the substantial questions of law involved therein are identical to the questions raised in the present appeal. In ITA No.55/2025, it has been held as under: "7. The ITAT has remitted the matter only for the limited purpose of examining the scope of nominal/associate members and to determine the eligibility of interest income earned from loans advanced to such members for deduction under Section 80P(2)(a) of the I.T. Act. The Tribunal has directed reconsideration of the issue in the light of the decision of the Hon’ble
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HC-KAR NC: 2026:KHC:6289-DB ITA No. 56 of 2025
Supreme Court in Mavilayi Service Co-operative Bank Ltd. (supra).
In view of the order of remand, we find no reason to interfere. However, we find some substance in the submission of learned counsel for the assessee that certain observations made by the ITAT may prejudice the rights of the assessee in the remand proceedings. It is therefore clarified that the remand proceedings shall be considered independently, uninfluenced by any observations or findings recorded by the ITAT on merits, and strictly in accordance with the law laid down by the Hon’ble Supreme Court in Mavilayi Service Co- operative Bank Ltd. (supra) and considering the relevant provisions of Karnataka Co-operative Societies Act.
Insofar as substantial question of law No.2 is concerned, the said question does not survive for consideration in view of the decision rendered in M/s. Judicial Employees House Building Co-operative Society Limited v. Income Tax Officer [ITA No.93/2024, dated 16.09.2025].
In view of the foregoing, the substantial questions of law raised in the present appeal do not arise for consideration. However, certain observations have been made with respect to the issue of remand concerning the interest income derived
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HC-KAR NC: 2026:KHC:6289-DB ITA No. 56 of 2025
from loans advanced to nominal members. The remand proceedings in the present case shall be governed by the observations made in ITA No.55/2025. 9. Except to the above extent, the present appeal is not entertained and is accordingly dismissed.
Sd/- (S.G.PANDIT) JUDGE
Sd/- (K. V. ARAVIND) JUDGE
MV List No.: 1 Sl No.: 21
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