Pr. Commissioner of Income Tax and Anr. v. Totagars Cooperative Sale Society

Q: How many judgments cite Pr. Commissioner of Income Tax and Anr. v. Totagars Cooperative Sale Society?

762 judgments on BharatTax cite Pr. Commissioner of Income Tax and Anr. v. Totagars Cooperative Sale Society (392 ITR 74), spanning 2017 to 2026.

Q: Which sections of the Income Tax Act does Pr. Commissioner of Income Tax and Anr. v. Totagars Cooperative Sale Society come up under?

It is most often cited in judgments turning on Section 80P(2)(d), Section 80P(4), Section 80P(2)(a)(i), Section 143(3), Section 2(19), Section 250.

392 ITR 74High Court2017#67 most cited

What is Pr. Commissioner of Income Tax and Anr. v. Totagars Cooperative Sale Society authority for?

Interest income earned by a cooperative society from its investments or surplus deposits with a cooperative bank is eligible for deduction under Section 80P(2)(d) of the Income-tax Act, 1961.

762

judgments rely on this decision, according to BharatTax’s citation analysis of 383,853 Indian tax judgments — from 2017 to 2026.

Also referred to as

Pr. CIT v. Totagars Cooperative Sale Society · 392 ITR 74 · Section 80P(2)(d) · Section 80P · cooperative society deduction · interest income cooperative bank · eligibility deduction · income of co-operative societies · cooperative bank interest · investment income

Sections most often in play

Section 80P(2)(d)Section 80P(4)Section 80P(2)(a)(i)Section 143(3)Section 2(19)Section 250 Section 80P Section 143(1)

Issues it is cited on

section 56(i)(ccv)section 80(2)(d)section 2(19)section 80(p)(2)(a)section 80p(4)section 80p(1)section 80p(2)(c)section 80(p)(2)(d)section 80p(2)(a)(iii)section 80p(2)(d)section 70 section 80p(2)

Judgments citing Pr. Commissioner of Income Tax and Anr. v. Totagars Cooperative Sale Society

Shree Mahila Credit Souhard Sahakari Sangh Niyamit, Belagavi vs. ITO Ward 1 Belagavi, Belagavi

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 116/PAN/2024[2017-18]Status: DisposedITAT Panaji13 Feb 2026AY 2017-18

Bench: Shri Pavan Kumar Gadale & Shri G D Padmahshalii T A. No.116/Pan/2024 (A.Y. 2017-18) Shree Mahila Credit Souhard Vs Ito-Ward-2, Sahakari Sangh Niyamit, Feroj Khimjibhai Cpx, . Shop.No.3, Maruti Complex, Civil Hospital Road 2 Nd Railway Gate, Tilakwadi, Belagavi-590001. Belgaum-500006, Karnataka. Karnataka. . Pan .No. Aabas9244A (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) Assessee By Shri.Pramod Y Vaidya.Ar Revenue By Smt.Rijula Uniyal.Sr.Dr सुनवाई की तारीख/Date Of Hearing 09.02.2026 घोषणा की तारीख/Date Of Pronouncement 13.02.2026 Order Per Pavan Kumar Gadale, Jm: The Appeal Is Filed By The Assesse Against The Order Of The Nfac/Cit(A) Passed U/Sec 143(3) & U/Sec 250 Of The Act. The Assessee Has Raised The Grounds Of Appeal Challenging The Order Of The Cit(A) Partially Sustaining The Denial Of Claim Of Deduction U/Sec80P(2)(A)(I) Of The Act Made By The Assessing Officer & Without Prejudice Alternate Relief U/Sec80P(2)(D) Of The Act & Sustaining Denial Of Deduction Of Interest On Income Tax Refund Under Section 80P(2)(A)(I) Of The Act.

Section 80P(2)(a)Section 80P(2)(d)

…Credit Souhard Sahakari Sangh Niyamit.. Bhavan Pemises Co-op. Society Ltd. Vs. ITO, 21(2)(1), Mumbai. We further find that the Hon'ble High Court of Karnataka in the case of Pr. Commissioner of Income Tax and Anr. Vs. Totagars Cooperative Sale Society (2017) 392 ITR 74 (Karn) and Hon'ble High Court of Gujarat in the case of State Bank Of India Vs. CIT (2016) 389 ITR 578 (Guj), had held, that the interest income earned by the assessee on its investments with a co-operative bank would be eligible for claim of deduction under Sec. 80P(2)(d) of the Act. Still further, we find that the CBDT Circular No. 14, dated 28.…

Income Tax Officer Ward-2 Ahmednagar, Ahmednagar vs. Kanifnath Grmain Bigar Sheti Sahakari Patsanstha Maryadit, Maldad

In the result, the appeal of the Revenue is dismissed

ITA 2247/PUN/2025[2022-23]Status: DisposedITAT Pune13 Feb 2026AY 2022-23

Bench: Shri R.K. Panda & Ms. Astha Chandra

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri Madhan Thirmanpalli

Section 143(2)Section 143(3)Section 80PSection 80P(2)Section 80P(2)(a)

…e deposits made in any Co-operative and other Bank is not admissible for deduction u/s. 80P(2)(d) of the Act. As a matter of fact, this issue was came to consider by Hon'ble Karnataka High Court in 'CIT v. Totagars Cooperative Sale Society', finds reported in 392 ITR 74 wherein their lordships referring to the decision of Hon'ble Apex Court in the case of Totgars Co- operative Sales Society Ltd. held that the ratio of decision of the Hon'ble Supreme Court in the aforesaid case (supra) not to be applied in respect of interest income on investment as same falls u/s 80P(2)(d) and not u/s 80P(2)(a)(i) of the Act. It…

Shree Keshav Co Op Credit Society Ltd, Junagadh vs. The DCIT/ACIT, Cir 1(1), Rajkot

In the result, both appeals filed by the assessee, are allowed

ITA 794/RJT/2025[2020-21]Status: DisposedITAT Rajkot12 Feb 2026AY 2020-21

Bench: Dr. Arjun Lal Saini & Dr. Dinesh Mohan Sinha

For Appellant: Shri D. M. Rindani, ARFor Respondent: Shri Dheeraj Kumar Gupta, Sr. DR

Section 143(3)Section 80P(2)Section 80P(2)(a)Section 80P(2)(d)

…80P(2)(a)(i) of the Act and is distinguishable and has been distinguished by lower courts in many judgements which are reproduced below: (a) Peroorkada Service Co-operative Bank Ltd. (2022) 442 ITR 141 (Kerala HC) (b) Totagars Co-operative Sale Society (2017) 392 ITR 74 (Karnataka HC) (c) Vavveru Co-operative Rural Bank Ltd. (2017) 88 taxmann.com 728 (Andhra Pradesh and Telangana HC) (d) State Bank of India vs Commissioner of Income-tax (2016) 389 ITR 578 (Guj. HC); (e) The Uttar Gujarat Uma Co-op. Credit Society Ltd. in ITA Nos. 1670, 1671/A/2018 dated 28-02-2019 (Ahmedabad Trib.) Page 12 of 16 ITA Nos.793 & 7…

Shree Keshav Co Op Credit Society Ltd, Junagadh vs. The DCIT/ACIT, Cir - 1(1), Rajkot

In the result, both appeals filed by the assessee, are allowed

ITA 793/RJT/2025[2018-19]Status: DisposedITAT Rajkot12 Feb 2026AY 2018-19

Bench: Dr. Arjun Lal Saini & Dr. Dinesh Mohan Sinha

For Appellant: Shri D. M. Rindani, ARFor Respondent: Shri Dheeraj Kumar Gupta, Sr. DR

Section 143(3)Section 80P(2)Section 80P(2)(a)Section 80P(2)(d)

Sri Guru Vappathina Swamy Pathina Sahakara Sangha Niyamitha, Opp Oppathina Sangha Matt, Hosadurga vs. Income Tax Officer, Ward, Chitradurga

The Appeal of the Assessee is allowed holding that Assessee is entitled to deduction u/s

ITA 2483/BANG/2025[2022-23]Status: DisposedITAT Bangalore11 Feb 2026AY 2022-23

Bench: Shri Prashant Maharishi, Vice –Assessment Year : 2022-23 M/S. Sri Guru Vappathina Swamy Pathin Sahakara Sangha The Income Tax Officer, Niyamitha, Ward-1, Opp Oppathina Sangha Matt, Vs. Chitradurga. Hosadurga – 577 501. Pan: Aaaas3998Q Appellant Respondent

For Appellant: Ms. Shreesha, CA

Section 143(3)Section 56Section 57Section 80P(2)(a)Section 80P(2)(d)

…of goods. 5. The Ld. Assessing Officer rejected the claim of the Assessee holding that the Hon’ble Karnataka High Court in case of Principal Commissioner of Income-tax, Hubli vs. Totagars Co-operative Sale Society [2017] 78 taxmann.com 169 (Karnataka)/[2017] 392 ITR 74 (Karnataka)[05-01-2017] has categorically held that such income is chargeable to tax as income from other sources and Assessee is not entitled to deduction u/s. 80P(2)(a)(i) of the Act. It was stated that such income is chargeable to tax under the head income from other sources. Accordingly, the Assessment Order was passed u/s. 143(3) r.w.s. 144B…

Everest Grande Commercial Premises Co-Op. Society Ltd, Mumbai vs. ITO, 24 (1)(1), Mumbai

In the result, the appeal by the assessee is allowed

ITA 8609/MUM/2025[2022-23]Status: DisposedITAT Mumbai11 Feb 2026AY 2022-23

Bench: Shri Vikram Singh Yadavshri Sandeep Singh Karhaileverest Grande Commercial Premises Co- Op. Society Ltd Cts 46/34, Plot 3A Everest Grande Society, Mahakali Caves Road, Andheri Kurla Road, ............... Appellant Andheri (East), Mumbai- 400093 Pan: Aaaae5455A

For Appellant: Shri N. R AgrawalFor Respondent: Shri Pravin Salunkhe, Sr. DR

Section 142(1)Section 143(2)Section 143(3)Section 144BSection 250Section 3Section 80PSection 80P(2)(d)Section 80P(4)

…surplus deposits kept with a Co-operative Bank, was not eligible for deduction under section 80P(2)(d) of the Act. We find that in an earlier decision the Hon'ble Karnataka High Court in Pr. CIT v. Totagars Co-operative Sale Society [2017] 78 taxmann.com 169/392 ITR 74 held that according to section 80P(2)(d) of the Act, the amount of interest earned from a Co-operative Society Bank would be deductable from the gross income of the Co-operative Society in order to assess its total income. Thus, there are divergent views of the same Hon'ble High Court on the issue of eligibility of deduction under section 80P(2)(d…

Surendranagar District Co Op Producers Union Limited, Surendranagar vs. Assistant Commissioner of Income Tax, Surendranagar Circle

In the result, appeal filed by the assessee is allowed

ITA 429/RJT/2025[2014-15]Status: DisposedITAT Rajkot10 Feb 2026AY 2014-15

Bench: Dr. Arjun Lal Saini & Dr. Dinesh Mohan Sinhaआयकरअपीलसं./Ita No. 429/Rjt/2025 ("नधा"रणवष"/Assessment Year: (2014-15) Surendranagar District Co. Op. Acit, Circle, Producers Union Ltd. Vs. Surendranagar-363035 Plot No.249, Phase 2 Gidc Market Yard Circle, Sursagar Dairy, Wadhwan Road, Surendranagar-363035 (Guj) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaaas8375B (अपीलाथ"/Assessee) (""यथ"/Respondent) Assessee By : Shri Kalpesh Doshi, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr Date Of Hearing : Heard On 09/10/2025, Refixed For Clarification On 03.11.2025 & Finally Heard On 02.02.2026 : 10/02/2026 Date Of Pronouncement Order Per, Dr. Arjun Lal Saini, A.M.:

For Appellant: Shri Kalpesh Doshi, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR

Section 142(1)Section 143(2)Section 143(3)Section 234ASection 250Section 271(1)(c)Section 80P(2)(b)Section 80P(2)(d)

Sri Bhyraveshwara Credit Cooperative Society Limited, Bangalore vs. Income Tax Officer Ward 3(1)(1), Bangalore

In the result appeal of the assessee is allowed as indicated above

ITA 2315/BANG/2025[2020-21]Status: DisposedITAT Bangalore09 Feb 2026AY 2020-21

Bench: Shri Prashant Maharishi, Vice –Assessment Year : 2020-21 M/S. Sri Bhyraveswara Credit Cooperative Society Limited, The Income Tax Officer, No. 1, 8Th Main, 22Nd Cross, Ward-3(1)(1), Mrcr Layout, Vijaya Nagar, Vs. Bengaluru. Bengaluru, Karnataka – 560 040. Pan: Aaaas6789B Appellant Respondent

For Appellant: Shri Pradeep Kumar Jain, CA

Section 143Section 144BSection 56Section 80

…g officer and held that assessee is not eligible for deduction. 11. However we find that honourable Karnataka High Court in case ofPrincipal Commissioner of Income-tax, Hubli vs. Totagars Co- operative Sale Society [2017] 78 taxmann.com 169 (Karnataka)/[2017] 392 ITR 74 (Karnataka)[05-01-2017] and Tumkur Merchants Souharda Credit Cooperative Ltd. vs. Income-tax Page 5 of 6 officer Word-V, Tumkur [2015] 55 taxmann.com 447 (Karnataka)/[2015] 230 Taxman 309 (Karnataka)[28-10-2014] has held that assessee is entitled to deduction under section 80 P (2) (a) (i) of the income tax act , if the income is attributable to t…

Hulgol Seva Sahakari Sangh, Uttara Kannada vs. Income Tax Officer, Ward-1, Sirsi

In the result we reverse the orders of the Ld

ITA 2068/BANG/2025[2017-18]Status: DisposedITAT Bangalore09 Feb 2026AY 2017-18

Bench: Shri Prashant Maharishi, Vice – & Shri Soundararajan K.Assessment Year :2017-18 M/S. Hulgol Seva Sahakari Sangh, Bhairumbe,Sirsi-Yellapura Road, The Income Tax Officer, Sirsi Taluk, Uttara Kannada, Ward-1, Vs. Karnataka – 581402. Sirsi. Pan: Aaajh0032P Appellant Respondent

For Appellant: Shri Prakash Shridhar Hegde, CA

Section 143(3)Section 263Section 56Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 80P(2)(iv)Section 890

…’ble Karnataka High Court independent of referring to the decision of Tumkur Merchants (supra) Page 6 of 7 in 60 taxmann.com 215 in Principal Commissioner of Income-tax, Hubli vs. Totagars Co-operative Sale Society [2017] 78 taxmann.com 169 (Karnataka)/[2017] 392 ITR 74 (Karnataka)[05-01-2017] and held that interest income is also liable to deduction u/s. 80P(2)(a)(i) only. 16. The third decision of the Hon’ble High Court in case of Totgars Co- Operative Sale Society Ltd. vs. Income-tax officer, Ward -1, Sirsi [2015] 58 taxmann.com 35 (Karnataka)/[2015] 231 Taxman 794 (Karnataka)[25-03-2015] has also held that su…

Honnali Urban Credit Co-Operative Society Limited, Honnali vs. Principal Commissioner of Income Tax-1, Bangalore

In the result appeal filed by the assessee is allowed

ITA 819/BANG/2025[2020-21]Status: DisposedITAT Bangalore03 Feb 2026AY 2020-21

Bench: Shri Prashant Maharishi & Shri Soundararajan K.Assessment Year : 2020-21

For Appellant: Shri Siddesh N. Gaddi, CAFor Respondent: Shri Shivanand Kalkeri, CIT(DR)(ITAT), Bengaluru

Section 142Section 143(3)Section 263Section 56Section 80Section 80PSection 80P(2)(a)Section 80P(2)(d)

…same decision of the Hon’ble High Court and when confronted with the other two decisions of the Hon’ble jurisdictional High Court, Principal Commissioner of Income-tax, Hubli vs. Totagars Co-operative Sale Society [2017] 78 taxmann.com 169 (Karnataka)/[2017] 392 ITR 74 (Karnataka)[05-01-2017] & Tumkur Merchants Souharda Credit Cooperative Ltd. vs. Income-tax officer Word-V, Tumkur [2015] 55 taxmann.com 447 (Karnataka)/[2015] 230 Taxman 309 (Karnataka)[28-10-2014] held Page 8 of 16 that assessee is entitled to deduction to the extent of ₹ 44 lakhs on the interest income earned from the cooperative societies as t…

Primary Agricultural Credit Co-Operative Society, Kodagu vs. Pr. Commissioner of Income Tax, Bengaluru -3, Bengaluru

In the result appeal filed by the assessee is allowed

ITA 1073/BANG/2025[2020-21]Status: DisposedITAT Bangalore03 Feb 2026AY 2020-21

Bench: Shri Prashant Maharishi & Shri Soundararajan K.Assessment Year : 2020-21

For Appellant: Shri Narendra Sharma, AdvocateFor Respondent: Shri Muthu Shankar, CIT(DR)(ITAT), Bengaluru

Section 142Section 143Section 263Section 80Section 80PSection 80P(2)(a)

…same decision of the Hon’ble High Court and when confronted with the other two decisions of the Hon’ble jurisdictional High Court, Principal Commissioner of Income-tax, Hubli vs. Totagars Co-operative Sale Society [2017] 78 taxmann.com 169 (Karnataka)/[2017] 392 ITR 74 (Karnataka)[05-01-2017] & Tumkur Merchants Souharda Credit Cooperative Ltd. vs. Income-tax officer Word-V, Tumkur [2015] 55 taxmann.com 447 (Karnataka)/[2015] 230 Taxman 309 (Karnataka)[28-10-2014] held that assessee is entitled to deduction to the extent of ₹ 44 lakhs on the interest income earned from the cooperative societies as this income is…

Hira Manek Co Operative Housing Society Limited, Mumbai vs. ITO Ward 34(2)(1), Mumbai

In the result, the appeal by the assessee for the assessment year 2020-

ITA 8500/MUM/2025[2020-21]Status: DisposedITAT Mumbai02 Feb 2026AY 2020-21

Bench: Shri Sandeep Singh Karhailshri Bijayananda Pruseth

For Appellant: Shri Rajesh Kumar GandhiFor Respondent: Shri Pravin Salunkhe, Sr.DR

Section 143(1)Section 250Section 80P

Hira Manek Co Operative Housing Society Limited, Mumbai vs. ITO Ward 34(2)(1), Mumbai

In the result, the appeal by the assessee for the assessment year 2020-

ITA 8499/MUM/2025[2021-22]Status: DisposedITAT Mumbai02 Feb 2026AY 2021-22

Bench: Shri Sandeep Singh Karhailshri Bijayananda Pruseth

For Appellant: Shri Rajesh Kumar GandhiFor Respondent: Shri Pravin Salunkhe, Sr.DR

Section 143(1)Section 250Section 80P

Nere Vibhag Nagari Sah. Patsanstha Maryadit, Pune vs. Income Tax Officer Ward 5(4), Pune

In the result, appeal of the Assessee is partly allowed

ITA 2374/PUN/2025[2017-18]Status: DisposedITAT Pune29 Jan 2026AY 2017-18

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.2374/Pun/2025 निर्धारण वषा / Assessment Year: 2017-18 Nere Vibhag Nagari Sah. V Income Tax Officer, Patsanstha Maryadit, S Ward-5(4), Pune. 61, Mangalwar Peth, Tal – Bhor, Pune – 412206. Pan: Aacan2385C Appellant/ Assessee Respondent /Revenue Assessee By Shri Pramod S Shingte Revenue By Shri Ajitesh Kumar Meena – Addl.Cit Date Of Hearing 27/01/2026 Date Of Pronouncement 29/01/2026 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2017-18 Dated 31.07.2025 Emanating From The Assessment Order Passed Under Section 144 Of The Act, Dated 04.12.2019. The Assessee Has Raised The Following Grounds Of Appeal :

Section 144Section 250Section 80PSection 80P(2)(a)Section 80P(2)(d)

…ome 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; 7. The Hon’ble Karnataka High Court in the case of PCIT Vs. Totagar’s Co-operative Sale Society [2017] 392 ITR 74 vide order dated 05.01.2017 has held as under : Quote “5. The learned counsel for the Revenue has pleaded that two substantial questions of law are raised in the present appeal, namely, '1. Whether the learned Tribunal was justified in deleting the additions made by the Assessing Authority being the disallowed deduction claimed u/S. 80P(2)(d) of t…

Ministry of Communications Employees Co-Operative Housing Society Limited, Bangalore vs. Pr. Commissioner of Income Tax, Bengaluru-1, Bengaluru

In the result, the appeal of the assessee is hereby dismissed

ITA 1120/BANG/2025[2020-21]Status: DisposedITAT Bangalore28 Jan 2026AY 2020-21

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2020-21

For Appellant: Shri Aprameya, AdvocateFor Respondent: Shri Subramanian, JCIT

Section 143(3)Section 144BSection 263Section 56Section 80PSection 80P(2)(a)Section 80P(2)(d)

…finition of “co-operative society” for the purposes of the Act. 6.4 The Ld. AR placed strong reliance on the judgment of the Hon’ble Karnataka High Court in Principal Commissioner of Income-tax, Hubli vs. Totagars Co-operative Sale Society [2017] reported in 392 ITR 74 (Kar), wherein it was categorically held that a co-operative bank is only a species of the genus “co-operative society” and, therefore, interest income earned by a co-operative society from investments made with a co-operative bank is eligible for deduction under section 80P(2)(d) of the Act. The Ld. AR pointed out that in the said judgment, the H…

Adarsha Souharda Sahakari Niyamit Sirsi, Sirsi vs. Pr. Commissioner of Income Tax, Huballi

ITA 1165/BANG/2025[2020-21]Status: DisposedITAT Bangalore27 Jan 2026AY 2020-21

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Sri Prakash Hegde, A.RFor Respondent: Sri Shivanand H Kalakeri, D.R

Section 142(1)Section 143(2)Section 143(3)Section 263Section 80P(2)(a)

…ITA No.1165/Bang/2025 Adarsha Souharda Sahakari Niyamit, Sirsi Page 1 of 30 ITA No.1165/Bang/2025 Adarsha Souharda Sahakari Niyamit, Sirsi IN THE INCOME TAX APPELLATE TRIBUNAL “A”BENCH: BANGALORE BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SHRI KESHAV DUBEY, JUDICIAL MEMBER ITA No.1165/Bang/2025 Assessment Year : 2020-21 Adarsha Souharda Sahakari Niyamit 1 Nayak Building Hospet Road Sirsi 581 404 Karnataka Vs. Pr. CIT Hubbali PAN NO: AAAAA0323P APPELLANT RESPONDENT Appellant by : Sri Prakash Hegde, A.R. Respondent by : Sri Shivanand H Kalakeri, D.R. Date of Hearing : 04.11.2025 Date of Pronouncement: 27.01.2…

Meherzin Co Operative Housing Society Limited, Mumbai vs. ITO Ward 25(2)(1), Mumbai

In the result, the appeal of assessee is allowed

ITA 5839/MUM/2025[2017-18]Status: DisposedITAT Mumbai27 Jan 2026AY 2017-18

Bench: Shri Pawan Singh(Physical Hearing) Meherzin Co Operative Housing Society Ito,Ward-25(2)(1), Mumbai Limited Vs 2Nd Floor, Kautilyabhavan, Meherzin Chs Ltd., 109, A Wodehouse Bkc, Mumbai – 400051. Road, Colaba, Mumbai – 400005. [Pan No. Aaaam4560A] Appellant / Assessee Respondent / Revenue

Section 254(1)Section 42(6)(a)Section 80P(2)(d)Section 80P(4)

…istently held that co-operative banks are primarily co-operative society and interest earned by co-operative society is to be allowed under section 80P(2)(d). I find that Hon’ble Karnataka High Court in its decision in PCIT vs Totgars Co-op Sale Society Ltd. 392 ITR 74 held that for the purpose of section 80P(2)(d), co-operative bank should be considered as a co-operative society. I further find the similar view was taken by Gujarat High Court in Surat Vankar ShahkariSangh Vs ACIT (2016) 72 taxmann.com 169 (Gujarat), Allahabad High Court in case of UP Co-operative Sugar Factory (2013) 17 taxmann.com 58 (Alla…

Ajit Nagari Sahakari Pat Sanstha Ltd, Pune vs. DCIT, Cir-7, Pune

In the result, appeal of the Assessee is partly allowed

ITA 2318/PUN/2025[2022-23]Status: DisposedITAT Pune23 Jan 2026AY 2022-23

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.2318/Pun/2025 निर्धारण वषा / Assessment Year: 2022-23 Ajit Nagari Sahakari Pat V Dcit, Sanstha Ltd., S Circle-7, Pune. Rashtrawadi Bhavan, Hudco Road, Saswad, Tal-Khed, Pune – 412301. Pan: Aaaaa6401E Appellant/ Assessee Respondent /Revenue Assessee By Smt Deepa Khare Revenue By Smt Neha Thakkar – (Virtual) On Rotation Duty Date Of Hearing 22/01/2026 Date Of Pronouncement 23/01/2026 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2022-23 Dated 10.01.2025 Emanating From The Assessment Order Passed Under

Section 143(3)Section 144BSection 250Section 80PSection 80P(2)(a)Section 80P(2)(d)

…ividends derived by the co-operative ITA No.2318/PUN/2025 [A] society from its investments with any other co-operative society, the whole of such income; 7. The Hon’ble Karnataka High Court in the case of PCIT Vs. Totagar’s Co-operative Sale Society [2017] 392 ITR 74 vide order dated 05.01.2017 has held as under : Quote “5. The learned counsel for the Revenue has pleaded that two substantial questions of law are raised in the present appeal, namely, '1. Whether the learned Tribunal was justified in deleting the additions made by the Assessing Authority being the disallowed deduction claimed u/S. 80P(2)(d) of t…

Everard Towers Cooperative Housing Society Limited, Everard Tower Chs Ltd vs. Ward 41(1)(2), Mumbai, Kautilya Bhavan

In the result, the grounds of appeal raised by assessee are allowed

ITA 7341/MUM/2025[2020-21]Status: DisposedITAT Mumbai21 Jan 2026AY 2020-21

Bench: Shri Pawan Singh(Physical Hearing) The Everard Tower Co-Operative Housing Ito,Ward-41(1)(2), Mumbai Society Limited Vs Kautilyabhavan, Bandrakurla B-1007, Everard Tower Chs Ltd. Complex, Bandra (East), Eastern Express Highway, Sion (East), Mumbai – 400051. Mumbai – 400022. [Pan No. Aaaae2800M] Appellant / Assessee Respondent / Revenue

Section 254(1)Section 80PSection 80P(2)(a)Section 80P(2)(d)

…cooperative society. 4. In short rejoinder submission, the ld. AR of the assessee submits that Karnataka High Court in its subsequent decision distinguished the ratio of decision of Totgars Co-op Sale Society Ltd. vs ITO (322 ITR 283) in subsequent decision 392 ITR 74 (Karnataka) wherein it was held that for the purpose of section 80P(2)(d), a co-operative bank should be considered as co-operative society. The decision relied by lower authorities is basically relates to deduction under section 80P(2)(a). 5. I have considered the submission of both the parties and gone through the orders of lower authorities.…

Cil Employees Co Op Credit Society Limited, Pune vs. Exemption, Ward-1(2), Pune

In the result, appeal filed by the Assessee is allowed for statistical purpose

ITA 1600/PUN/2025[2020-21]Status: DisposedITAT Pune19 Jan 2026AY 2020-21

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.1600/Pun/2025 निर्धारण वषा / Assessment Year: 2020-21 Cil Employees’ Co Op Credit V Exemption, Society Limited, S Ward-1(2), Pune. Cummins Inida Ltd., Kothrud, Pune – 411038. Pan:Aabac8908M Appellant / Assessee Respondent / Revenue Assessee By Shri Kishore Phadke Revenue By Shri Sandeep Sathe – Jcit Date Of Hearing 08/12/2025 Date Of Pronouncement 19/01/2026 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For A.Y.2020-21 Dated 29.02.2024 Emanating From The Assessment Order Passed Under Section 143(3) Read With Section 144B Of The I.T .Act, 1961 Dated 28.09.2022. The Assessee Has Raised The Following Grounds Of Appeal :

Section 143(1)Section 143(3)Section 144BSection 250Section 80PSection 80P(2)(a)Section 80P(2)(b)Section 80P(2)(d)Section 80P(4)

…nd that the respondent/Assessee shall be entitled to exemption/benefit under section80(P)(2) of the Income-tax Act.”Unquote. ITA No.1600/PUN/2025 [A] 4.1 The Hon’ble Karnataka High Court in the decision of PCIT Vs. Totagars Co-operative Sales Society [2017] 392 ITR 74 vide order dated 05.01.2017 has held as under : Quote. ―8. The issue whether a Co-operative Bank is considered to be a Co-operative Society is no longer res integra.For the said issue has been decided by the ITAT itself in different cases. Moreover the word "Co-operativeSociety" are the words of a large extent, and denotes a genus, whereas the wor…