Totgars, Co-operative Sale Society Ltd. v. Income-tax Officer, Karnataka

229 CTR 209Supreme Court of India2010#7334 most cited

What is Totgars, Co-operative Sale Society Ltd. v. Income-tax Officer, Karnataka authority for?

The Supreme Court decision in Totgars Co-operative Sale Society Ltd. v. Income-tax Officer clarifies the eligibility for deduction under Section 80P of the Income Tax Act, specifically concerning interest income earned by cooperative societies from their investments or deposits, distinguishing between deductions under Section 80P(2)(a)(i) and 80P(2)(d).

15

judgments rely on this decision, according to BharatTax’s citation analysis of 366,315 Indian tax judgments — from 2016 to 2026.

Also referred to as

Totgars Co-operative Sale Society Ltd. v. Income-tax Officer · 2010 · SC · 229 CTR 209 · Section 80P · Section 80P(2)(a)(i) · Section 80P(2)(d) · interest income · cooperative society · deduction

Sections most often in play

Section 80P(2)(a)(i)Section 56Section 80P(2)(d)Section 143(3)Section 80PSection 143(2)Section 144BSection 80P(1)

Issues it is cited on

section 56(i)(ccv)section 80p(2)(a)(iii)section 80p(1)section 80p(2)(a)section 80p(2)(a)(i)principal commissioner of income-taxgross total incomesection 80p(2)(d)section 80p(2)section 56section 80pincome-tax officer

Judgments citing Totgars, Co-operative Sale Society Ltd. v. Income-tax Officer, Karnataka

Auto Nirvahakara Credit Operative Society Limited, Udupi vs. Income Tax Officer, Ward-3, Udupi

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

ITA 2214/BANG/2025[2017-18]Status: DisposedITAT Bangalore17 Mar 2026AY 2017-18

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2017-18

For Appellant: Shri Prasanna Shenoy, CAFor Respondent: Shri Ganesh R Ghale, Advocate – Standing
Section 250Section 28Section 80P(2)(a)

…e that the assessee earned an interest income of Rs. 32,043 from scheduled banks. The AO relying on the judicial of Totgars, Co-operative Sale Society Ltd. vs. Income-tax Officer, Karnataka reported in [2010] 188 Taxman 282 (SC)/[2010] 322 ITR 283 (SC)/[2010] 229 CTR 209 (SC)[08-02-2010] submitted that interest earned from deposits from scheduled banks does not qualify for deduction u/s 80P of the Act and consequently, taxed the same as income from other sources. 13. Aggrieved, assessee preferred an appeal before the Ld. CIT(A) who rejected the plea of assessee and upheld the disallowance made by the AO. 14. Ag…

Pujya Sharanabasaveshwara Pattina Souharda Sahakari Sangha Ni Maski, Maski vs. Income-Tax Office, Ward-1, Raichur

In the result appeal of the assessee is allowed

ITA 1180/BANG/2025[2020-21]Status: DisposedITAT Bangalore29 Dec 2025AY 2020-21

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhailassessment Year : 2020-21

For Appellant: Shri Anil Kumar, CAFor Respondent: Shri Muthu Shankar, CIT(DR)(ITAT), Bengaluru
Section 133Section 143Section 144BSection 263Section 56Section 80

…the Hon'ble Supreme Court." 17. Thus, all the three decisions of the Hon’ble Karnataka High court considered the decision of Totgars Co-operative Sale Society Ltd. vs. Income-tax Officer, Karnataka [2010] 188 Taxman 282 (SC)/ [2010] 322 ITR 283 (SC)/ [2010] 229 CTR 209 (SC) [08-02-2010]. All the above three decisions are on the issue of deduction u/s 80 P of the Act in respect to interest income earned by the assessee from cooperative societies either u/s 80 P (2) (a) (i) or 80 P (2) (d) of the Act. Page 12 of 14 18. Before the learned assessing officer, the claim of the assessee is not u/s 80P (2) (d) of the…

Jammanahally Prathamika Krishi Pattina Sahakara Sangha, Ballupet vs. Income Tax Officer, Ward-2, Hassan

In the result ITA No. 192/Bangalore/2025 filed by the assessee is allowed

ITA 341/BANG/2025[2017-18]Status: DisposedITAT Bangalore22 Dec 2025AY 2017-18

Bench: Shri Prashant Maharishi

For Appellant: Shri S.V. Ravishankar, AdvocateFor Respondent: Shri Ganesh R. Ghale, Advocate, Standing Counsel
Section 143(3)Section 80

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH : BANGALORE BEFORE SHRI PRASHANT MAHARISHI, VICE PRESIDENT ITA Nos.192 & 341/Bang/2025 Assessment year : 2017-18 Jammanahally Prathamika Krishi Pattina Vs. The Income Tax Officer, Sahakara Sangha, Ward 2, 1, Bhalupete, Sakaleshpura Taluk, Hassan. Bhalupete – 573 214. PAN: AABAJ 2316A APPELLANT RESPONDENT Appellant by : Shri S.V. Ravishankar, Advocate Respondent by : Shri Ganesh R. Ghale, Advocate, Standing Counsel. Date of hearing : 24.11.2025 Date of Pronouncement : 22.12.2025 O R D E R 1. ITA No.192/Bang/2025 is filed by Jammanahally Prathamika Krishi Patt…

Jammanahally Prathamika Krishi Pattina Sahakara Sangha, Sakleshpur vs. Income Tax Officer, Ward -2, Hassan

In the result ITA No. 192/Bangalore/2025 filed by the assessee is allowed

ITA 192/BANG/2025[2017-18]Status: DisposedITAT Bangalore22 Dec 2025AY 2017-18

Bench: Shri Prashant Maharishi

For Appellant: Shri S.V. Ravishankar, AdvocateFor Respondent: Shri Ganesh R. Ghale, Advocate, Standing Counsel
Section 143(3)Section 80

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH : BANGALORE BEFORE SHRI PRASHANT MAHARISHI, VICE PRESIDENT ITA Nos.192 & 341/Bang/2025 Assessment year : 2017-18 Jammanahally Prathamika Krishi Pattina Vs. The Income Tax Officer, Sahakara Sangha, Ward 2, 1, Bhalupete, Sakaleshpura Taluk, Hassan. Bhalupete – 573 214. PAN: AABAJ 2316A APPELLANT RESPONDENT Appellant by : Shri S.V. Ravishankar, Advocate Respondent by : Shri Ganesh R. Ghale, Advocate, Standing Counsel. Date of hearing : 24.11.2025 Date of Pronouncement : 22.12.2025 O R D E R 1. ITA No.192/Bang/2025 is filed by Jammanahally Prathamika Krishi Patt…

Shree Jagadguru Mouneshwar Pattin Sahakari Sangh Niyamit Kerur, Bagalkot vs. Income Tax Officer, Ward-1, Bagalkot

In the result the appeal filed by the assessee is allowed

ITA 1623/BANG/2025[2020-21]Status: DisposedITAT Bangalore15 Dec 2025AY 2020-21

Bench: Shri Prashant Maharishi

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

…e Hon'ble Supreme Court." 14. Thus, all the three decisions of the honourable Karnataka High court considered the decision of Totgars, Co-operative Sale Society Ltd. vs. Income-tax Officer, Karnataka [2010] 188 Taxman 282 (SC)/ [2010] 322 ITR 283 (SC)/ [2010] 229 CTR 209 (SC) [08-02-2010]. All the above three decisions are on the issue of deduction u/s 80 P of the Act in respect to interest income earned by the assessee from cooperative societies either u/s 80 P (2) (a) (i) or 80 P (2) (d) of The Act. Before us, the claim of the assessee is not u/s 80P (2) (d) of the Act but 80P (2) (a) (i) of the Act. In this ca…

Vijaya Bank Employees Co-Operative Credit Society, Bangalore vs. The Income Tax Officer, Ward 7(2)(3), Bangalore

In the result the appeal filed by the assessee is allowed

ITA 1524/BANG/2025[2022-23]Status: DisposedITAT Bangalore15 Dec 2025AY 2022-23

Bench: Shri Prashant Maharishiassessment Years 2022-23 Appellant / Assessee Vijaya Bank Employees Cooperative Credit Society, R No 1, 67, Ii Floor, K H Road Shantinagar Bangalore 560027 Karnataka Respondent The Income Tax Officer, Ward 7 (2) (3) Bmtc Building Koramangala Bangalore 560095 Pan Aaaav4696A For Appellant Shri Prasanna N Uralal Advocate For Respondent Shri Ganesh R Ghale, Advocate Date Of Hearing 04-11-2025 Date Of Pronouncement 15-12-2025 O R D E R

Section 139(1)Section 143(2)Section 80PSection 80P(2)(a)Section 80P(2)(d)

…e Hon'ble Supreme Court." 13. Thus, all the three decisions of the honourable Karnataka High court considered the decision of Totgars, Co-operative Sale Society Ltd. vs. Income-tax Officer, Karnataka [2010] 188 Taxman 282 (SC)/ [2010] 322 ITR 283 (SC)/ [2010] 229 CTR 209 (SC) [08-02-2010]. All the above three decisions are on the issue of deduction u/s 80 P of the Act in respect to Page 11 of 13 interest income earned by the assessee from cooperative societies either u/s 80 P (2) (a) (i) or 80 P (2) (d) of The Act. Before us, the claim of the assessee is not u/s 80P (2) (d) of the Act but 80P (2) (a) (i) of the…

Sreesharada Credit Co-Operative Society Ltd, Udupi vs. ITO Ward- 1&Tps, Udupi

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

ITA 1316/BANG/2025[2020-21]Status: DisposedITAT Bangalore15 Dec 2025AY 2020-21

Bench: Shri Prashant Maharishi

Section 80

…e Hon'ble Supreme Court." 23. Thus, all the three decisions of the honourable Karnataka High court considered the decision of Totgars, Co-operative Sale Society Ltd. vs. Income-tax Officer, Karnataka [2010] 188 Taxman 282 (SC)/ [2010] 322 ITR 283 (SC)/ [2010] 229 CTR 209 (SC) [08-02-2010]. All the above three decisions are on the issue of deduction u/s 80 P of the Act in respect to Page 17 of 19 interest income earned by the assessee from cooperative societies either u/s 80 P (2) (a) (i) or 80 P (2) (d) of The Act. Before us, the claim of the assessee is not u/s 80P (2) (d) of the Act but 80P (2) (a) (i) of the…

Sreesharada Credit Co-Operative Society Ltd, Udupi vs. ITO Ward- 1&Tps, Udupi

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

ITA 1315/BANG/2025[2018-19]Status: DisposedITAT Bangalore15 Dec 2025AY 2018-19

Bench: Shri Prashant Maharishi

Section 80

…e Hon'ble Supreme Court." 23. Thus, all the three decisions of the honourable Karnataka High court considered the decision of Totgars, Co-operative Sale Society Ltd. vs. Income-tax Officer, Karnataka [2010] 188 Taxman 282 (SC)/ [2010] 322 ITR 283 (SC)/ [2010] 229 CTR 209 (SC) [08-02-2010]. All the above three decisions are on the issue of deduction u/s 80 P of the Act in respect to Page 17 of 19 interest income earned by the assessee from cooperative societies either u/s 80 P (2) (a) (i) or 80 P (2) (d) of The Act. Before us, the claim of the assessee is not u/s 80P (2) (d) of the Act but 80P (2) (a) (i) of the…

Bibhisanpur Samabay Krishi Unnayan Samity Ltd., Kolkata vs. I.T.O., Ward - 27(4), Haldia/ Wbg-W-176(3), Haldia

ITA 1021/KOL/2024[2020-2021]Status: DisposedITAT Kolkata04 Aug 2025AY 2020-2021

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 143(3)Section 250Section 56Section 80PSection 80P(2)(a)

…94/- and the grounds no. 1 and 2 are dismissed.” 7. Before us, the Ld. AR relied upon the following judicial pronouncements: i) Totgars, Co-operative Sale Society Ltd. vs. Income-tax Officer, Karnataka [2010] 188 Taxman 282 (SC)/[2010] 322 ITR 283 (SC)/[2010] 229 CTR 209 (SC)[08-02-2010]. ii) Principal Commissioner of Income-tax vs. Ashwinkumar Arban Co Operative Society Ltd. [2024] 168 taxmann.com 314 (Gujarat)[24-09- 2024]. iii) Lankapalli PACS Ltd, vs. ITO, ITA No. 364/Viz/2024 order dated 24.10.2024. iv) Bhairabnala Samabay Krishi Unnayan vs. ITO ITA No. 111/KOL/2022 order dated 15.12.2022. v) ITO vs. The Kak…

Sree Kanyaka Mutually Aided Co-Op Thrift Credit and Marketg. Society Limited, Hindupur vs. Income Tax Officer, Ward 1, Hindupur

In the result, the appeal of the assessee is treated as partly allowed for statistical purposes

ITA 224/HYD/2024[2018-19]Status: DisposedITAT Hyderabad22 Jul 2024AY 2018-19

Bench: Shri Laliet Kumar, Hon’Ble & Shri Madhusudan Sawdia

For Appellant: Shri D. Shree Raksha, CAFor Respondent: Shri Shakeer Ahamed, DR
Section 143(3)Section 56Section 80PSection 80P(2)(a)

…ve societies as it is contempt as per section 80P(2)(d) of the Act. Accordingly, the said receipt is not eligible for deduction u/s.80P of the Act as per the decision of Hon’ble Supreme Court’s judgment in the case of Totgar’s Co-Op Sale Society Ltd. Vs. ITO {229 CTR 209(sc) (2010)} and Hon’ble Delhi High Court in the case of Mantola Cooperative Thrift Credit Society Ltd. V. CIT(2014) 50 taxmann.com 278(2015) 229 Taxman 68, where in it was held that the interest received out of investments made in the banks on the surplus of the co-operative societies is not eligible for the claim of deduction u/s.80P(2)(d) of th…

Assistant Commissioner of Income Tax, Circle-1(1), Raipur vs. Chhattisgarh Rajya Sahakari Awas Sangh (Maryadit), Raipur

In the result, the appeal of the revenue is dismissed in terms of our aforesaid observations

ITA 206/RPR/2022[2015-16]Status: DisposedITAT Raipur16 Oct 2023AY 2015-16

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No. 206/Rpr/2022 "नधा"रण वष" / Assessment Year : 2015-16 The Assistant Commissioner Of Income Tax, Circle-1(1), Raipur (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. Chhattisgarh Rajya Sahkari Awas Sangh Maryadit C-191, Tagore Nagar, Raipur (C.G.) Pan : Aaaac5903F ……""यथ" / Respondent

For Appellant: Shri Prafulla Pendse, CAFor Respondent: Shri Satya Prakash Sharma, Sr. DR
Section 143(3)Section 147Section 148Section 80PSection 80P(2)(a)Section 80P(2)(d)

…orted judgment of Hon’ble Bombay High Court in the case of ITO vs. The Mahanagar Cooperative Bank ltd., dated 28.7.2011 in ITA No.123 of 2010 , he places his reliance of Hon’ble Supreme Court’s judgment in the case of The Totgars Cooperative Sale Society ltd, 229 CTR 209(SC). When it was pointed out to him that Hon’ble Bombay High Court in the case of The Mahanagar Cooperative Bank ltd., has duly considered the said judgment of Hon’ble Supreme Court in the case of Totgars Cooperative Sale Society ltd (supra), he had nothing to say except to reiterate that what has been held by Hon’ble Supreme Court in the case of…

The Ajmer Cooperative Thrift and Saving Society Limited Ajmer, Ajmer vs. CIT(A), NFAC, Ajmer

In the result, the appeal of the assessee is partly allowed

ITA 76/JPR/2022[2017-18]Status: DisposedITAT Jaipur30 Aug 2022AY 2017-18
For Appellant: Shri Sunil Porwal, (CA)For Respondent: Shri A.S. Nehra, (Addl. CIT)
Section 250Section 56Section 80PSection 80P(2)(a)

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCH ‘A’ JAIPUR Jh lanhi xkslkbZ] U;kf;d lnL; ,oa MkW- ehBk yky ehuk] ys[kk lnL; ds le{k BEFORE: SHRI SANDEEP GOSAIN, JM & DR. MITHA LAL MEENA, AM vk;dj vihy la-@ITA No. 76/JP/2022 fu/kZkj.k o"kZ@Assessment Years : 2017-18. cuke The Ajmer Cooperative Thrift The Commissioner of Income Vs. and Saving Society Ltd., Tax (Appeals), GLO Campus, DRM Office, NFAC, Traffic Accounts, W. Rly., Delhi. Ajmer. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No. AAEAT 2065 K vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@Assessee by…

Shivkripa Sahakari Patpedhi Ltd, Mumbai vs. DCIT RG 29(3)

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

ITA 1011/MUM/2017[2010-11]Status: DisposedITAT Mumbai04 Oct 2018AY 2010-11

Bench: Shri B.R. Baskaran & Shri Ravish Soodshivkripa Sahakari Patpedhi Ltd. Dcit, Range-29(3) Late Namoderao Pante Mumbai Vs. Smruti Bhavan, Station Road Vikhroli (E), Mumbai 400083 Pan – Aaaas3870K Appellant Respondent

For Appellant: Shri Kishor PhadkeFor Respondent: Shri Nishant Samaiya
Section 271(1)(c)Section 80P

…submitted that the AO had made identical disallowances in earlier years but he did not levy any penalty thereon. Further the learned AO placed reliance on the decision rendered by the Hon'ble Supreme Court in the case of Totgars Cooperative Sale Society Ltd. 229 CTR 209 in support of his decision to levy penalty. The learned A.R. submitted that the decision rendered by the Hon'ble Supreme Court in the above said case is not applicable to the facts of the present case. He submitted that the assessee was having proper reasons for claiming the deduction u/s 80P of the Act against the two incomes referred above. The…

M/S M.P. State Cooperative Housing Federation Society, Bhopal vs. The ACIT 1(1), Bhopal

In the result, the appeal of the revenue and the appeal of the assessee fail and are dismissed

ITA 1051/IND/2016[2013-14]Status: DisposedITAT Indore27 Mar 2017AY 2013-14

Bench: Shri C.M. Garg & Shri O.P. Meena

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

…orted judgment of Hon’ble Bombay High Court in the case of ITO vs. The Mahanagar Cooperative Bank ltd., dated 28.7.2011 in ITA No.123 of 2010 , he places his reliance of Hon’ble Supreme Court’s judgment in the case of The Totgars Cooperative Sale Society ltd, 229 CTR 209(SC). When it was pointed out to him that Hon’ble Bombay High Court in the case of The Mahanagar Cooperative Bank ltd., has duly considered the said judgment of Hon’ble Supreme Court in the case of Totgars Cooperative Sale Society ltd (supra), he had nothing to say except to reiterate that what has been held by Hon’ble Supreme Court in the case of…

Dirbadevi Sahakari Patpedi Ltd, Mumbai vs. ITO 15(2)(4), Mumbai

ITA 6535/MUM/2014[2010-11]Status: DisposedITAT Mumbai29 Jun 2016AY 2010-11

Bench: Shri Saktijit Dey & Shri Ramit Kochar

For Appellant: Shri Haresh ShahFor Respondent: Shri Vishwas Jadhav
Section 80PSection 80P(2)(a)Section 80P(4)

…rent banks towards statutory reserve fund was out of the surplus funds which were not required to be utilised for assessee’s day–to–day business activities. Referring to a decision of the Hon'ble Supreme Court in Totgars Co–operative Sale Society Ltd., [2010] 229 CTR 209 (SC), the learned Commissioner (Appeals) finally held that interest received from fixed deposits since is 4 Dirbadevi Sahakar Patpedi Ltd. assessable under the head “Income From Other Sources”, the assessee cannot claim deduction under section 80P(2)(a)(i) in respect of such income. 5. Learned Authorised Representative submitted before us that t…

Totgars, Co-operative Sale Society Ltd. v. Income-tax Officer, Karnataka (229 CTR 209) — Cited in 15 Judgments | BharatTax