Section 56 of the Income Tax Act

Income-tax Act, 2025: s.92

Section 56 of the Income-tax Act, 1961 corresponds to section 92 (Income from other sources) of the Income-tax Act, 2025.

Read section 92 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 56 is Totgars Co-operative Sale Society Ltd. v. ITO (322 ITR 283), cited in 1,283 of the 1,790 judgments on BharatTax that turn on this section.

Leading authorities on Section 56

Totgars Co-operative Sale Society Ltd. v. ITO
322 ITR 283 · 2010 · Supreme Court
1,283
citing judgments

The interest income earned by a cooperative society from investing its surplus funds in fixed deposits with banks is not "derived from" its eligible business activities and is taxable as "income from other sources" under Section 56, thus not qualifying for deduction under Section 80P.

Pr. CIT v. Totagars
395 ITR 611 · 2017 · High Court
1,074
citing judgments

Interest income earned by a cooperative society from surplus deposits or investments held with a cooperative bank is not eligible for deduction under Section 80P(2)(d) of the Act.

Mavilayi Service Co-operative Bank Ltd. v. CIT
431 ITR 1 · 2021 · Supreme Court
999
citing judgments

Section 80P(4) serves as a proviso to Section 80P(1) and (2), excluding only cooperative banks that are cooperative societies and possess an RBI license for banking business. Its purpose is to exclude cooperative banks operating like commercial banks that lend money to the public.

Tumkur Merchants Souharda Credit Cooperative Ltd. v. ITO
230 Taxmann 309 · 2015 · High Court
527
citing judgments

A cooperative society is eligible for deduction under Section 80P(2)(a)(i) if it is engaged in cooperative activities. It also clarifies the allowability of deduction under Section 80P(2)(d) for interest income received from investments made in cooperative banks, after duly considering the Supreme Court's decision in Totgars Co-operative Sale Society Ltd.

Citizen Co-operative Society Ltd. v. ACIT
397 ITR 1 · 2017 · Supreme Court
499
citing judgments

A co-operative credit society engaged in banking business with the general public, accepting deposits from non-members and advancing loans to non-members, is treated as a co-operative bank. Such a society falls under the exclusionary clause of Section 80P(4) and is not eligible for deduction under Section 80P(2)(a)(i).

Totgar's Co-operative Sale Society Ltd. v. ITO
188 Taxmann 282 · 2010 · Supreme Court
486
citing judgments

Interest income earned by a co-operative society from investments, particularly with co-operative banks, is not eligible for deduction under Section 80P as it is not attributable to the core business activities of the society and constitutes "other income", not "profits and gains of business".

CIT v. Andhra Pradesh State
200 Taxmann 220 · 2011 · High Court
348
citing judgments

Interest earned by a Co-operative Society from investing fixed deposits in banks is entitled to a deduction under Section 80P(2)(a)(i) of the Income-tax Act.

Pr. CIT v. Totagars Co-operative Sales Society
83 Taxmann.com 140 · 2017 · High Court
306
citing judgments

Interest income earned by a co-operative society from deposits or investments made in a co-operative bank is not eligible for deduction under Section 80P(2)(d) of the Income Tax Act, 1961, in view of Section 80P(4).

Tumkur Merchants Souharda Credit Co-op. Ltd. v. ITO
55 Taxmann.com 447 · 2015 · High Court
267
citing judgments

Interest income earned by a co-operative society from temporary deposits with other banks, when such deposits are made from its business funds, qualifies as business income eligible for deduction under Section 80P(2)(a)(i) and not as income from other sources.

Bangalore Club v. CIT
350 ITR 509 · 2013 · Supreme Court
247
citing judgments

The Supreme Court affirmed the doctrine of mutuality, holding that contributions received from and returned to members for a common purpose do not constitute taxable profits. However, income from transactions with non-members or interest earned from investments in external entities (like cooperative banks) may break the mutuality chain and be taxable under Section 56, falling outside the scope of Section 80P deductions.

Judgments on Section 56

United Bank of India Employees Co-Operative Credit Society Limited, Kolkata vs. I.T.O., Ward-36(4), Kolkata

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

ITA 548/KOL/2022[2017-2018]Status: DisposedITAT Kolkata27 Jun 2023AY 2017-2018

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A Nos.546 To 548/Kol/2022 Assessment Years: 2015-16 To 2017-18 United Bank Of India Employees Co-Operative Credit Society Ltd……Appellant 14/4, Sovaram Bysak Street, Kolkata-700007 [Pan:Aaaau1388A] Vs. Ito, Ward-36(4), Kolkata….…….....................……........……...…..…..Respondent Appearances By: Shri G. Banerjee, Ar, Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 02, 2023 Date Of Pronouncing The Order : June 27, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders All Dated 28.07.2022 Of The National Faceless Appeal Centre (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since, The Facts & Issues Involved In All The Appeals Are Identical, Hence These Have Been Heard Together & Are Being Disposed Of By This Common Order. The Appeal In Ita No.546/Kol/2022 For Assessment Year 2015-16 Is Taken As Lead Case For The Purpose Of Narration Of Facts. 2. Ita 546/Kol/2022 – The Assessee Has Taken The Following Grounds Of Appeal:

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

United Bank of India Employees Co-Operative Credit Society Limited, Kolkata vs. I.T.O., Ward-36(4), Kolkata

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

ITA 547/KOL/2022[2016-2017]Status: DisposedITAT Kolkata27 Jun 2023AY 2016-2017

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A Nos.546 To 548/Kol/2022 Assessment Years: 2015-16 To 2017-18 United Bank Of India Employees Co-Operative Credit Society Ltd……Appellant 14/4, Sovaram Bysak Street, Kolkata-700007 [Pan:Aaaau1388A] Vs. Ito, Ward-36(4), Kolkata….…….....................……........……...…..…..Respondent Appearances By: Shri G. Banerjee, Ar, Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 02, 2023 Date Of Pronouncing The Order : June 27, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders All Dated 28.07.2022 Of The National Faceless Appeal Centre (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since, The Facts & Issues Involved In All The Appeals Are Identical, Hence These Have Been Heard Together & Are Being Disposed Of By This Common Order. The Appeal In Ita No.546/Kol/2022 For Assessment Year 2015-16 Is Taken As Lead Case For The Purpose Of Narration Of Facts. 2. Ita 546/Kol/2022 – The Assessee Has Taken The Following Grounds Of Appeal:

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

United Bank of India Employees Co-Operative Credit Society Limited, Kolkata vs. I.T.O., Ward - 36(4), Kolkata

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

ITA 546/KOL/2022[2015-2016]Status: DisposedITAT Kolkata27 Jun 2023AY 2015-2016

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A Nos.546 To 548/Kol/2022 Assessment Years: 2015-16 To 2017-18 United Bank Of India Employees Co-Operative Credit Society Ltd……Appellant 14/4, Sovaram Bysak Street, Kolkata-700007 [Pan:Aaaau1388A] Vs. Ito, Ward-36(4), Kolkata….…….....................……........……...…..…..Respondent Appearances By: Shri G. Banerjee, Ar, Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 02, 2023 Date Of Pronouncing The Order : June 27, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders All Dated 28.07.2022 Of The National Faceless Appeal Centre (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since, The Facts & Issues Involved In All The Appeals Are Identical, Hence These Have Been Heard Together & Are Being Disposed Of By This Common Order. The Appeal In Ita No.546/Kol/2022 For Assessment Year 2015-16 Is Taken As Lead Case For The Purpose Of Narration Of Facts. 2. Ita 546/Kol/2022 – The Assessee Has Taken The Following Grounds Of Appeal:

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