Section 80P(2)(a)(i) of the Income Tax Act

Income-tax Act, 2025: s.149

Section 80P(2)(a)(i) falls under section 80P of the Income-tax Act, 1961, which corresponds to section 149 (Deduction in respect of income of co-operative societies) of the Income-tax Act, 2025.

Read section 149 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 80P(2)(a)(i) is Totgars Co-operative Sale Society Ltd. v. ITO (322 ITR 283), cited in 1,283 of the 2,347 judgments on BharatTax that turn on this section.

Leading authorities on Section 80P(2)(a)(i)

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.

State Bank Of India v. CIT
389 ITR 578 · 2016 · High Court
817
citing judgments

Income arising from a cooperative society's surplus funds invested in short-term deposits and securities is not attributable to the society's core activities and, therefore, is not eligible for exemption under Section 80P(2)(a)(i) of the Income-tax Act.

Pr. Commissioner of Income Tax and Anr. v. Totagars Cooperative Sale Society
392 ITR 74 · 2017 · High Court
762
citing judgments

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.

Subramanian and Anr. v. Siemens India Ltd. and Anr.
156 ITR 11 · 1985 · High Court
541
citing judgments

When there is a conflict between the decisions of non-jurisdictional High Courts, the view that favors the assessee should be preferred.

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.

Judgments on Section 80P(2)(a)(i)

ITO - 17(1)(1), Mumbai vs. M/S. Annasaheb Patil Mathadi Kamgar Shakari Patpedhi Maryadit, Mumbai

In the result, the appeal filed by the revenue is hereby ordered to be dismissed

ITA 460/MUM/2021[2007-08]Status: DisposedITAT Mumbai17 Dec 2021AY 2007-08

Bench: Shri M. Balaganesh, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. Nos. 460 To 463/Mum/2021 (निर्धारण वर्ा / Assessment Years: 2007-08, 2008-09, 2012-13 & 2009-10) बिधम/ Ito-17(1)(1) M/S. Annasaheb Patil Mathadi Room No.106, 1St Floor, G- Kamgar Shakari Patpedhi Vs. Block, Kautilya Bhavan, Maryadit Jivraj Bhanji Shah Market, 3Rd Bandra Kurla Complex, Bandra East, Mumbai- Floor, Yusuf Meherali Road, 400051. Masjid Bunder (W), Mumbai- 400009. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaab0167G (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Shri Mehul Jain Assessee By: Shri V. Kadrekar सुनवाई की तारीख / Date Of Hearing: 22/11/2021 घोषणा की तारीख /Date Of Pronouncement: 17/12/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Above Mentioned Appeals Against The Different Order Passed By The Commissioner Of Income Tax (Appeals) -28, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Ys. 2007-08, 2008-09, 2012-13 & 2009-10. Ita. No.460/Mum/2021 2. The Revenue Has Filed The Present Appeal Against The Order Dated 31.07.2020 Passed By The Cit(A)-28, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y. 2007-08. Ita Nos. 460 To 463/Mum/2021 A.Ys.2007-08 To 2012-13 3. The Revenue Has Raised The Following Grounds: -

For Appellant: Shri V. KadrekarFor Respondent: Shri Mehul Jain
Section 143(1)Section 147Section 148Section 32(1)(i)Section 40A(7)Section 44ASection 80P(2)(a)Section 80P(2)(d)Section 80P(2)(i)Section 80P(4)

The Ugar Sugar Works Kamgar & Dr. Shirgaokar Shaikshanik Trust Nokar Co-Op Credit Society Ltd, Athani vs. ITO, Ward - 1(3), Belgaum

In the result, the appeal filed by the assessee stands allowed

ITA 84/PAN/2018[2012-13]Status: DisposedITAT Panaji18 Nov 2021AY 2012-13

Bench: Shri Inturi Rama Rao, Am & Shri S. S. Viswanethra Ravi, Jm आयकर अपील सं. / Ita No.84/Pan/2018 िनधा"रण वष" / Assessment Year : 2012-13 The Ugar Sugar Works Kamgar & Dr. Shirgaokar Shaikashanik Trust Nokar Co-Op Credit Society Ltd., Ugar Khurd, Tal: Athani, Dist: Belgaum- 591316. .......अपीलाथ" / Appellant Pan : Aaaat2607F बनाम / V/S. Ito, Ward- 1(3), ……""यथ" / Respondent Belgaum. Assessee By : Shri Pramod Vaidya Revenue By : Shri Sourabh Nayak सुनवाई क" तारीख / Date Of Hearing : 12.11.2021 घोषणा क" तारीख / Date Of Pronouncement : 18.11.2021 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals), Gulbarga (‘Cit(A)’ For Short) Dated 29.12.2017 For The Assessment Year 2012-13. 2. Briefly, The Facts Of The Case Are That The Appellant Is A Cooperative Society Registered Under The Karnataka State Co-Operative Society Act, 1959 With The Object Of Accepting Deposits From Its Members & Providing Credit Facilities To Its Members. The Return Of Income For The Assessment Year 2012- 13 Was Filed On 25.09.2012 Declaring Total Income Of Rs.4,03,384/- After Claiming Exemption U/S 80P(2)(A)(I) Of The Income Tax Act, 1961 (‘The Act’) Of Rs.4,09,725/-. Against The Said Return Of Income, The Assessment Was Completed By The Income Tax Officer, Ward-1(3), Belgaum (‘The Assessing

For Appellant: Shri Pramod VaidyaFor Respondent: Shri Sourabh Nayak
Section 143(3)Section 80P(2)(a)

Shri Laxmi Venkatesh Credit Souharda Sahakari Niyamit, Belgavi vs. ITO, Nipani

In the result, the appeal filed by the assessee stands allowed

ITA 90/PAN/2018[2012-13]Status: DisposedITAT Panaji17 Nov 2021AY 2012-13

Bench: Shri Inturi Rama Rao, Am & Shri S. S. Viswanethra Ravi, Jm आयकर अपील सं. / Ita No.90/Pan/2018 िनधा"रण वष" / Assessment Year : 2012-13 Shri Laxmi Venkatesh Credit Souharda Sahakari Ltd., Nipani, Dist. Belagavi, C/O S. Parthasarathi, Advocate, 3/1, Pranava Complex, 5Th Cross, Malleswaram, Bangalore- 560003. .......अपीलाथ" / Appellant Pan : Aabas6351A बनाम / V/S. ……""यथ" / Respondent Ito, Nipani. Assessee By : Smt. Pratibha R. Revenue By : Shri Sourabh Nayak सुनवाई क" तारीख / Date Of Hearing : 12.11.2021 घोषणा क" तारीख / Date Of Pronouncement : 17.11.2021 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals), Gulbarga (‘Cit(A)’ For Short) Dated 29.12.2017 For The Assessment Year 2012-13. 2. Briefly, The Facts Of The Case Are That The Appellant Is A Cooperative Society Registered Under The Karnataka State Co-Operative Society Act, 1959 With The Object Of Accepting Deposits From Its Members & Providing Credit Facilities To Its Members. The Return Of Income For The Assessment Year 2012- 13 Was Filed On 23.09.2012 Declaring Total Income Of Rs.Nil After Claiming Exemption U/S 80P(2)(A)(I) Of The Income Tax Act, 1961 (‘The Act’) Of Rs.4,27,305/-. Against The Said Return Of Income, The Assessment Was Completed By The Income Tax Officer, Nipani (‘The Assessing Officer’) Vide Order

For Appellant: Smt. Pratibha RFor Respondent: Shri Sourabh Nayak
Section 143(3)Section 194ASection 40Section 80P(2)(a)