NAGPUR GRIHA NIRMAN & SHETRVIKAS MANDAL KARMACHARI SAHAKARI PAT SANSTHA,NAGPUR vs. INCOME TAX OFFICER, WARD1(3), NAGPUR
What did the Tribunal hold?
The Tribunal held that the issue of deduction under Section 80P on interest income from banks is no longer res integra. Following a series of orders, the Tribunal decided in favour of the assessee.
What were the facts?
The assessee, a cooperative society, claimed deduction under Section 80P on interest income earned from bank deposits. The Assessing Officer disallowed this deduction, and the CIT(A) upheld the disallowance.
What were the issues?
Whether interest income earned by a cooperative society from deposits with banks is eligible for deduction under Section 80P of the Income-tax Act.
Which sections of the Income-tax Act were involved?
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Cases cited in this judgment(2)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.
- Tumkur Merchants Souharda Credit Cooperative Ltd. v. ITO527 citing230 Taxmann 309 · 2015 · HC
- Mantola Cooperative Thrift Credit Society Ltd. v. CIT125 citing110 DTR 89 · 2014 · HC
Income Tax Appellate Tribunal, SMC BENCH, NAGPUR
Before: SHRI R.S. SYAL
PER R.S. SYAL, VP: This appeal by the assessee arises out of the order dated 01-09-2021 passed by the National Faceless Appeal Centre (NFAC), Delhi u/s.250 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) in relation to the assessment year 2017-18.
The assessee is aggrieved by the denial of deduction u/s.80P in respect of interest income amounting to Rs.5,55,810/- earned from deposits kept with banks.
Tersely stated, the facts of the case are that the assessee is a Cooperative society and is engaged in the business of accepting deposits and lending money to its members. It filed the return of income declaring total income at Nil. The case was selected for scrutiny. It was noticed by the AO that the assessee claimed deduction u/s.80P on the income earned as interest amounting to Rs.5,55,810/- on the deposits kept with financial institutions other than cooperative societies. Eventually, the AO, invoking the provisions of section 80P(2)(d), made the disallowance of deduction on such interest income. The assessee remained unsuccessful before the CIT(A), against which the assessee has approached the Tribunal.
I have heard both the sides and gone through the relevant material on record. The issue raised in the extant appeal is no more res integra by virtue of series of orders passed by the Pune Tribunal. The Pune Benches of the Tribunal in Sureshdada Jain Nagari Sahakari Patsanstha Maryadit Vs. The Pr.CIT (ITA No.713/PUN/2016) decided the question of availability of deduction u/s 80P on interest income by noticing that the Pune Bench in an earlier case of Shri Laxmi Narayan Nagari Sahakari Pat Sanstha Maryadit Vs. ITO (ITA No.604/PN/2014) has allowed similar deduction. In the said case, the Tribunal discussed the contrary views expressed by the Hon’ble Karnataka High Court in Tumkur Merchants Souharda Credit Cooperative Ltd. Vs. ITO (2015) 230 Taxman 309 (Kar.) allowing deduction u/s. 80P on interest income and that of the Hon’ble Delhi High Court in Mantola Cooperative Thrift Credit Society Ltd. Vs. CIT (2014) 110 DTR 89 (Delhi) not allowing deduction u/s.80P on interest income earned from banks. Both the Hon’ble High Courts took into consideration the ratio laid down in the case of Totagar’s Cooperative Sale Society Ltd. (supra). No direct judgment from the Hon’ble jurisdictional High Court on the point having been pointed out, the Tribunal in Shri Laxmi Narayan Nagari Sahakari Pat Sanstha Maryadit (supra) preferred to go with the view in favour of the assessee by the Hon’ble Karnataka High Court in the (supra). I, therefore, overturn the impugned order on this score and allow the deduction.
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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