Surendarnagar District Co-operative Milk Producer Union Ltd. v. Dy. CIT

179 ITD 690Income Tax Appellate Tribunal#7289 most cited

What is Surendarnagar District Co-operative Milk Producer Union Ltd. v. Dy. CIT authority for?

A co-operative society is eligible for deduction under section 80P(2)(d) on interest earned from deposits made with a co-operative bank, but not on interest earned from deposits made with nationalized or private banks.

15

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2021 to 2025.

Also referred to as

Surendarnagar District Co-operative Milk Producer Union Ltd. v. Dy. CIT · section 80P(2)(d) · co-operative society · deduction · interest income · co-operative bank · private bank · nationalized bank

Sections most often in play

Section 143(2)Section 80P(2)(d)Section 14ASection 254(2)Section 80PSection 80P(2)(iv)Section 142(1)Section 143(3)

Issues it is cited on

section 80(p)section 80(p)(2)section 80(p)(2)(d)section 80p(1)section 194a(3)(v)section 194a(3)section 80p(2)(d)section 254(1)section 80p(2)section 80p(2)(a)section 80p(2)(a)(i)section 80p

Judgments citing Surendarnagar District Co-operative Milk Producer Union Ltd. v. Dy. CIT

Baroda District Cooperative Milk Producers Union Limited, Vadodara, Gujarat vs. Asst. Commissioner of Income Tax Officer, Circle 1(1)(1), Vadodara, Gujarat

In the result, the appeals of the assessee for Asst

ITA 417/AHD/2025[2022-23]Status: DisposedITAT Ahmedabad25 Aug 2026AY 2022-23

Bench: Smt.Annapurna Gupta & Ms.Suchitra R. Kamble

Section 14Section 14ASection 80PSection 80P(2)(a)Section 80P(2)(d)Section 80P(2)(iv)

…of Hon’ble Gujarat High Court. Accordingly, she put reliance upon the following decisions: 1. Doaba Co-op. Sugar Mills Ltd., 230 ITR 774 (P&H); 2. Surat Vankar Sahakari Sangh Ltd., 72 taxmann.com 169; 3. Surendrangar District co-op Milk Producers Union Ltd., 179 ITD 690; 4. Jaipur Zila Dugdh Utpadak Sahakari Sangh Ltd. ITA Nos.512 & 513/JP/2019; 5. Bardoli Vibhag Gram Vikas Co-op. credit Society Ltd., 189 ITD 601; 4. According to the ld.counsel for the assessee expression “whole of such income” has been employed in section 80P(2)(d), and therefore, for the purpose of computing deduction admissible under section…

Baroda District Cooperative Milk Producers Union Limited, Vadodara, Gujarat vs. Asst. Commissioner of Income Tax Officer, Circle 1(1)(1), Vadodara, Gujarat

In the result, the appeals of the assessee for Asst

ITA 416/AHD/2025[2018-19]Status: DisposedITAT Ahmedabad08 Jul 2025AY 2018-19

Bench: Smt.Annapurna Gupta & Ms.Suchitra R. Kamble

Section 14Section 14ASection 80PSection 80P(2)(a)Section 80P(2)(d)Section 80P(2)(iv)

…of Hon’ble Gujarat High Court. Accordingly, she put reliance upon the following decisions: 1. Doaba Co-op. Sugar Mills Ltd., 230 ITR 774 (P&H); 2. Surat Vankar Sahakari Sangh Ltd., 72 taxmann.com 169; 3. Surendrangar District co-op Milk Producers Union Ltd., 179 ITD 690; 4. Jaipur Zila Dugdh Utpadak Sahakari Sangh Ltd. ITA Nos.512 & 513/JP/2019; 5. Bardoli Vibhag Gram Vikas Co-op. credit Society Ltd., 189 ITD 601; 4. According to the ld.counsel for the assessee expression “whole of such income” has been employed in section 80P(2)(d), and therefore, for the purpose of computing deduction admissible under section…

Ramjharukha Co-Op Housing Society Limited, Mumbai vs. The Principal Commissioner of Income Tax, PCIT 20, Mumbai

In the result, appeal of the assessee is allowed

ITA 2627/MUM/2025[2020-21]Status: DisposedITAT Mumbai19 Jun 2025AY 2020-21

Bench: Shri Pawan Singh & Shri Prabhash Shankar(Physical Hearing) Ramjharukha Co-Op Housing Society Pr. Commissioner Of Income Limited, Vs Tax -20, Mumbai. 1, S V Road, Andheri (West), Mumbai – 400058. [Pan No. Aaaar1629M] Appellant / Assessee Respondent / Revenue

Section 143(3)Section 2Section 254(1)Section 263Section 80P(2)(d)

…)(d) in respect of gross interest received from co- operative bank without adjusting interest paid to said bank. 16. The Co-ordinate Bench of Rajkot Tribunal in Surendarnagar District Co-operative Milk Producer Union Ltd. v. Dy. CIT [2019] 111 taxmann.com 69/179 ITD 690 (Rajkot Tribunal) also held the assessee co-operative society could not claim benefit under section 80P(2)(d) in respect of interest earned by it from deposits made with nationalized/private banks, however, the said benefit was available in respect of interest earned and on deposits made with co-operative bank. Thus, in view of the aforesaid lega…

Assistant Commissioner of Income Tax, Circle- 2(1)(1), Surat vs. Pandesara Green Environment Water Welfare Coop. Society Limited, Surat

In the result, the grounds of appeal raised by the revenue is dismissed

ITA 246/SRT/2023[2020-21]Status: DisposedITAT Surat28 Aug 2023AY 2020-21

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 194A(3)(v)Section 254(1)Section 80PSection 80P(2)(a)Section 80P(2)(d)

…2)(d) in respect of gross interest received from co- operative bank without adjusting interest paid to said bank. 16. The Co-ordinate Bench of Rajkot Tribunal in Surendarnagar District Co-operative Milk Producer Union Ltd. v. Dy. CIT [2019] 111 taxmann.com 69/179 ITD 690 (Rajkot Tribunal) also held the assessee co-operative society could not claim benefit under section 80P(2)(d) in respect of interest earned by it from deposits made with nationalized/private banks, however, the said benefit was available in respect of interest earned and on deposits made with co-operative bank. Thus, in view of the aforesaid lega…

Assistant Commissioner of Income Tax, Circle- 2(1)(1), Surat vs. Pandesara Green Environment Water Welfare Coop. Society Limited, Surat

In the result, the grounds of appeal raised by the revenue is dismissed

ITA 245/SRT/2023[2018-19]Status: DisposedITAT Surat28 Aug 2023AY 2018-19

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 194A(3)(v)Section 254(1)Section 80PSection 80P(2)(a)Section 80P(2)(d)

…2)(d) in respect of gross interest received from co- operative bank without adjusting interest paid to said bank. 16. The Co-ordinate Bench of Rajkot Tribunal in Surendarnagar District Co-operative Milk Producer Union Ltd. v. Dy. CIT [2019] 111 taxmann.com 69/179 ITD 690 (Rajkot Tribunal) also held the assessee co-operative society could not claim benefit under section 80P(2)(d) in respect of interest earned by it from deposits made with nationalized/private banks, however, the said benefit was available in respect of interest earned and on deposits made with co-operative bank. Thus, in view of the aforesaid lega…

Assistant Commissioner of Income Tax, Circle- 2(1)(1), Surat vs. Pandesara Green Environment Water Welfare Coop. Society Limited, Surat

In the result, the grounds of appeal raised by the revenue is dismissed

ITA 244/SRT/2023[2017-18]Status: DisposedITAT Surat28 Aug 2023AY 2017-18

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 194A(3)(v)Section 254(1)Section 80PSection 80P(2)(a)Section 80P(2)(d)

…2)(d) in respect of gross interest received from co- operative bank without adjusting interest paid to said bank. 16. The Co-ordinate Bench of Rajkot Tribunal in Surendarnagar District Co-operative Milk Producer Union Ltd. v. Dy. CIT [2019] 111 taxmann.com 69/179 ITD 690 (Rajkot Tribunal) also held the assessee co-operative society could not claim benefit under section 80P(2)(d) in respect of interest earned by it from deposits made with nationalized/private banks, however, the said benefit was available in respect of interest earned and on deposits made with co-operative bank. Thus, in view of the aforesaid lega…

The Maestro Multi State Cooperative Group Housing Society Limited, Delhi vs. Ward-34(5), Delhi

In the result, the appeal is allowed on merits

ITA 585/DEL/2022[2017-18]Status: DisposedITAT Delhi31 Jul 2023AY 2017-18

Bench: Shri C.M. Garg & Shri M. Balaganeshthe Maestro Multi State Vs. Pcit, Cooperative Group Housing Delhi-12, Society Ltd, D-24, Green View Apartments, Sector-9, Rohini, New Delhi (Appellant) (Respondent) Pan:Aabat7650F Assessee By : Sh. Raghav Sharma, Ca Revenue By: Ms. Sarita Kumar, Cit Dr Date Of Hearing 25/05/2023 Date Of Pronouncement 31/07/2023

For Appellant: Sh. Raghav Sharma, CAFor Respondent: Ms. Sarita Kumar, CIT DR
Section 263Section 80PSection 80P(2)

…tive society from cooperative bank would necessarily be deductible u/s 80P(1) of the Act. 10. Similar view was taken by the coordinate bench of Rajkot in case of Surendarnagar District Co-operative Milk Producer Union Ltd. v. Dy. CIT [2019] 111 taxmann.com 69/179 ITD 690 (Rajkot Tribunal) held the assessee co-operative society could not claim benefit under section 80P(2)(d) in respect of interest earned by it from deposits made with nationalized/private banks, however, the said benefit was available in respect of interest earned and on deposits made with co-operative bank. 11. In view of the above, we reached to…

The Government E Co-Operative Society Ltd., Bharuch vs. Principal Commissioner of Income Tax, Vadodara-1, Vadodara

In the result, appeal of the assessee is allowed

ITA 126/SRT/2023[2017-18]Status: DisposedITAT Surat23 May 2023AY 2017-18

Bench: Shri Pawan Singh & Dr Arjun Lal Sainiआ.अ.सं./Ita No.126/Srt/2023 (Ay 2017-18) (Hearing In Virtual Court) The Government E Co- Principal Commissioner Of Operative Society Ltd./, Income Tax, Vadodara-1, Vs First Floor, Government Room No.214, 2Nd Floor, Sevasadan, Bhag-2, B/H Aaykar Bhawan, Race Course Pwd Office, Bharuch- Circle, Vadodara-390007 392001 Pan No. Aaalt 0832 D अपीलाथ"/Appellant ""थ" /Respondent

Section 143(3)Section 254(1)Section 263Section 80PSection 80P(2)(a)Section 80P(2)(d)

…आयकर अपीलीय अिधकरण, सुरत "ायपीठ, सुरत IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND Dr ARJUN LAL SAINI, ACCOUNTANT MEMBER आ.अ.सं./ITA No.126/SRT/2023 (AY 2017-18) (Hearing in Virtual Court) The Government E Co- Principal Commissioner of Operative Society Ltd./, Income Tax, Vadodara-1, Vs First Floor, Government Room No.214, 2nd Floor, Sevasadan, Bhag-2, B/h Aaykar Bhawan, Race Course PWD Office, Bharuch- Circle, Vadodara-390007 392001 PAN No. AAALT 0832 D अपीलाथ"/Appellant ""थ" /Respondent िनधा"रती की ओर से /Assessee by Shri Sakar Sharma, C.A राज" की ओर से…

Navapura Urban Co-Op Credit & Consumer Society Ltd., Surat vs. The Assistant Commissioner of Income Tax, Circle-1(2), Surat

In the result, appeal of the assessee is allowed

ITA 353/SRT/2022[2017-18]Status: DisposedITAT Surat02 Feb 2023AY 2017-18

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Physical Hearing) Navapura Urban Co-Op Credit & A.C.I.T., Consumer Society Ltd., Circle 1(2), Vs. 9/572, Siddhi, Kotsafil Main Road, Surat. Surat-395002 (Gujarat) Pan No. Aaaan 0539 N Appellant/ Assessee Respondent/ Revenue

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

…2)(d) in respect of gross interest received from co-operative bank without adjusting interest paid to said bank. 16. The Co-ordinate Bench of Rajkot Tribunal in Surendarnagar District Co- operative Milk Producer Union Ltd. v. Dy. CIT [2019] 111 taxmann.com 69/179 ITD 690 (Rajkot Tribunal) also held the assessee co-operative society could not claim benefit under section 80P(2)(d) in respect of interest earned by it from deposits made with nationalized/private banks, however, the said benefit was available in respect of interest earned and on deposits made with co-operative bank. Thus, in view of the aforesaid lega…

Vapi Merchant Saving & Credit Co. Op. Society Ltd., Vapi vs. The PCIT, Valsad

In the result, appeal of the assessee is allowed

ITA 107/SRT/2022[2017-18]Status: DisposedITAT Surat31 Jan 2023AY 2017-18

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.107/Srt/2022 "नधा"रण वष"/Assessment Year: (2017-18) (Virtual Court Hearing) Vapi Merchant Saving & Credit Co. Vs. The Pcit, Valsad. Op. Society, 130, 1St Floor Varun Complex, Opp. Reliance Super Market, Gidc, Vapi – 396195. (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaaav3925E

Section 143(3)Section 263Section 80PSection 80P(2)(d)

…ing interest paid to said bank. 16. The Co-ordinate Bench of Rajkot Tribunal in Surendarnagar District Co- operative Milk Producer Union Ltd. v. Dy. CIT [2019] 111 taxmann.com ITA 107/SRT/2022/AY.2017-18 Vapi Merchant Savings & Credit Co.op Society Ltd. 69/179 ITD 690 (Rajkot Tribunal) also held the assessee co-operative society could not claim benefit under section 80P(2)(d) in respect of interest earned by it from deposits made with nationalized/private banks, however, the said benefit was available in respect of interest earned and on deposits made with co- operative bank. Thus, in view of the aforesaid leg…

Vapi Merchant Saving & Credit Co. Op. Society Ltd., Vapi vs. National Faceless Appeal Centre, Delhi

In the result, appeal of the assessee is allowed

ITA 251/SRT/2022[2018-19]Status: HeardITAT Surat30 Jan 2023AY 2018-19

Bench: Shri Pawan Singh(Virtual Hearing) Vapi Marchant Saving & Credit I.T.O., Cooperative Society Limited, E-Assessment Centre, Vs. Office No. 130, First Floor, Varun Delhi. Complex, Opp. Reliance Super Market Gide, Vapi (Gujarat). Pan No. Aaaav 3925 E Appellant/ Assessee Respondent/ Revenue

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

…2)(d) in respect of gross interest received from co-operative bank without adjusting interest paid to said bank. 16. The Co-ordinate Bench of Rajkot Tribunal in Surendarnagar District Co- operative Milk Producer Union Ltd. v. Dy. CIT [2019] 111 taxmann.com 69/179 ITD 690 (Rajkot Tribunal) also held the assessee co-operative society could not claim benefit under section 80P(2)(d) in respect of interest earned by it from deposits made with nationalized/private banks, however, the said benefit was available in respect of interest earned and on deposits made with co-operative bank. Thus, in view of the aforesaid lega…

The Thanjavur District Co Op Milk Producers Union Limited, Thanjavur vs. ACIT, Circle2(1), Trichy

In the result, appeal of the Assessee is Allowed

ITA 404/CHNY/2022[2017-18]Status: DisposedITAT Chennai21 Nov 2022AY 2017-18

Bench: Shri Mahavir Singh, Vice- & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.404/Chny/2022 िनधा"रणवष" / Assessment Year : 2017-18 The Thanjavur District Co Op The Principal Milk Producers Union Limited, Vs Commissioner Of Income No.1, Nanjikottai Road, Tax-1, Madurai. Thanjavur – 613006. Pan: Aaaat 0224 E Appellant/ Assessee Respondent /Revenue Assessee By K.Meenakshisundaram - Itp Revenue By Shri M.Rajan – Cit(Dr) Date Of Hearing 23/08/2022 Date Of Pronouncement 21/11/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Appellant Assessee Against The Order U/S 263 Of The Income Tax Act (Act) Of The Principal Commissioner Of Income Tax Madurai-1, Dated 26/03/2022 For A.Y. 2017-18. The Assessee Has Raised Following Grounds Of Appeal: “The Order Under Section 263 Of The Income Tax Act Dated 26/3/2022 Received By The Appellant On 1/4/2022 Is Objected To On The Following Grounds Of Appeal. 1. The Learned Principal Commissioner Madurai Erred In Setting Aside The Valid Order Passed By The Assisstant Commissioner Of Income Tax Circle-2(1) Trichy Dated 5/11/2019 For The Assessment Year 2017- 2018 Under Section 263 On Mere Assumptions & Presumptions That The Order Had Been Erroneous & Prejudicial To The Interest Of Revenue. 2. The Learned Principal Commissioner Misdirected Himself That The Valid Order Passed By The Assisstant Commissioner Was Erroneous & Prejudicial To The Interest Of Revenue Simply For The Reason That The

Section 263Section 80Section 80PSection 80P(2)Section 80P(2)(d)Section 80P(2)(e)

…(2)(d) in respect of gross interest received from co-operative bank without adjusting interest paid to said bank. 16. The Co-ordinate Bench of Rajkot Tribunal in Surendarnagar District Co-operative Milk Producer Union Ltd. v. Dy. CIT [2019] 111 taxmann.com 69/179 ITD 690 (Rajkot Tribunal) also held the assessee co-operative society could not claim benefit under section 80P(2)(d) in respect of interest earned by it from deposits made with nationalized/private banks, however, the said benefit was available in respect of interest earned and on deposits made with co-operative bank. Thus, in view of the aforesaid lega…

Shree Madhi Surag Staff Co-Op. Credit Society Ltd., Surat vs. Dy. Commissioner of Income Tax, CPC, Bengaluru

In the result, appeal filed by the assessee is allowed

ITA 220/SRT/2021[2017-18]Status: HeardITAT Surat19 Jul 2022AY 2017-18

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.220/Srt/2021 Assessment Years: (2017-18) (Virtual Court Hearing) Shree Madhi Sugar Staff Co-Op Dy. Commissioner Of Income Tax, Credit Society Ltd. Madhi Ta: Vs. Central Processing Centre (Cpc), Bardoli, Surat-394340. Bengaluru-560500 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaaas 3360 C अपीलाथ" /Appellant ""यथ" /Respondent

Section 143(2)Section 143(3)Section 263Section 80P(2)(d)

…IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JM & DR. A. L. SAINI, AM आयकर अपील सं./ITA No.220/SRT/2021 Assessment Years: (2017-18) (Virtual Court Hearing) Shree Madhi Sugar Staff Co-Op Dy. Commissioner of Income Tax, Credit Society Ltd. Madhi Ta: Vs. Central Processing Centre (CPC), Bardoli, Surat-394340. Bengaluru-560500 "थायीलेखासं./जीआइआरसं./PAN/GIR No.: AAAAS 3360 C अपीलाथ" /Appellant ""यथ" /Respondent "नधा"रती क" ओर से /Assessee by Shri Mehul Shah, CA राज"व क" ओर से /Respondent by Shri Anurag Dubey, Sr. DR सुनवाई की तारीख /Date of Hearing 18/07/2022 उ"घोषणा क" तार"ख Da…

Abrama Seva Sahakari Mandli Limited, Na

In the result, appeal of the assessee is allowed in above terms

ITA 178/SRT/2021[2015-16]Status: DisposedITAT Surat27 Jun 2022AY 2015-16

Bench: Shripawan Singh, Jm &Dr. A.L.Saini, Am आयकर अपील सं./Ita No.178/Srt/2021 (िनधा"रणवष" / Assessment Year: (2015-16) (Virtual Court Hearing) Abrama Seva Sahakari Mandli Ltd., At V Income Tax Department, Navsari & Po. Abrama, Tal. Jalalpore, Dist. Circle, Navsari S. Navsari-396 445 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaaaa 1075 G (Appellant ) (Respondent)

For Appellant: Shri Sujesh Suratwala, CAFor Respondent: Shri J.K.Chandnani, Sr.DR
Section 143(3)Section 263Section 80P(2)(d)Section 80P(4)

…IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRIPAWAN SINGH, JM &DR. A.L.SAINI, AM आयकर अपील सं./ITA No.178/SRT/2021 (िनधा"रणवष" / Assessment Year: (2015-16) (Virtual Court Hearing) Abrama Seva Sahakari Mandli Ltd., At V Income Tax Department, Navsari & Po. Abrama, Tal. Jalalpore, Dist. Circle, Navsari s. Navsari-396 445 "थायीलेखासं./जीआइआरसं./PAN/GIR No.: AAAAA 1075 G (Appellant ) (Respondent) Assessee by : Shri Sujesh Suratwala, CA Respondent by : Shri J.K.Chandnani, Sr.DR सुनवाई की तारीख/ Date of Hearing : 11/05/2022 घोषणा की तारीख/Date of Pronouncement : 27/06/2022 आदेश / O R D E R PER…

Shree Madhi Surali Vibhag Nagrik Sahakari Dhiran Mandali Ltd, Surat vs. Pr.CIT-2, Surat

In the result, appeal of the assessee is allowed

ITA 305/SRT/2019[2014-15]Status: DisposedITAT Surat15 Sept 2021AY 2014-15

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) Shree Madhi Surali Vibhag The Principal Nagriksahakari Dhiran Mandali Commissioner Of Income- Vs. Ltd., Tax-2, Surat. At & Po Madhi, Tal. Bardoli, Surat – 394340. Pan: Aadas 5644 L Applicant Respondent

Section 142(1)Section 143(3)Section 254(1)Section 263Section 80Section 80P

…usting interest paid to said bank. 9 Shree Madhi Surali Vibhag nagrikSahakari Dhiran Mandali Ltd., (AY 2014-15) 15. The Co-ordinate Bench of Rajkot Tribunal in Surendarnagar District Co- operative Milk Producer Union Ltd. v. Dy. CIT [2019] 111 taxmann.com 69/179 ITD 690 (Rajkot Tribunal) also held the assessee co-operative society could not claim benefit under section 80P(2)(d) in respect of interest earned by it from deposits made with nationalized/private banks, however, the said benefit was available in respect of interest earned and on deposits made with co-operative bank. Thus, in view of the aforesaid lega…

Surendarnagar District Co-operative Milk Producer Union Ltd. v. Dy. CIT (179 ITD 690) — Cited in 15 Judgments | BharatTax