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

Income-tax Act, 2025: s.149

Section 80P(2)(a) 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) is Kolhapur District Central Co-op. Bank Kanista Sevakanchi Sahakar Pat Sanstha Ltd. v. Income-tax Officer (158 Taxmann.com 322), cited in 23 of the 78 judgments on BharatTax that turn on this section.

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

Judgments on Section 80P(2)(a)

M/S. Karnataka Power Transmiss, Raichur vs. Income Tax Officer, Ward-1, Raichur

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

ITA 994/BANG/2024[2020-21]Status: DisposedITAT Bangalore24 Jun 2024AY 2020-21

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadavassessment Years : 2020-21 M/S Karnataka Power Transmiss, Vs. The Income Tax Officer, Ward – 1, 71-71, Kptcl Employee Co-Op. Power Raichur. House, Station Road, Raichur – 584 102. Pan – Aaaak 4223 F Appellant Respondent Assessee By : Smt. Sunaiana Bhatia, C.A Revenue By : Shri Ganesh R Gale, Standing Counsel For Department Date Of Hearing : 20.06.2024 Date Of Pronouncement : 24.06.2024 O R D E R Per Shri Prakash Chand Yadavthe Present Appeal Of The Assessee Is Arising From The Order Passed By The Nfac, Delhi Dated 29/04/2024 In Din No. Itba/Nfac/S/ 250/2024-25/1064431034(1) For The Assessment Year 2020-21. 2. The Assessee Is Cooperative Society Registered Under The Karnataka State Co-Operative Society’S Act 1959. The Society Is Engaged In The Activity Of Carrying Of Business Of Providing Credit Facilities To Its Members. It Filed Its Return Of Income On 24/09/2020 Declaring Nil Income. The Case Of The Assessee Was Selected For Scrutiny After Issuing Statutory Notices. During The Course Of Assessment Proceedings, Page 2 Of 4 The Ao Observed That The Assessee Has Earned Interest Income Received From Cooperative Institutions Amounting To Rs.10,12,973/- & Dividend Income Of Rs.1,13,240/-. The Ao Relying On The Judgment Of Dcit Vs. Totagars Co-Operative Society Ltd, Has Held That Assessee Is Not Entitled For Deduction On The Amounts Of Interest Income As Well As Dividend Income. Accordingly, The Ao Assessed That Income Under The Head ‘Income From Other Sources’ & Made An Addition Of Rs 11,86,369/-.

For Appellant: Smt. Sunaiana Bhatia, C.AFor Respondent: Shri Ganesh R Gale, Standing Counsel for Department
Section 250(6)Section 57Section 80P(2)(a)Section 80P(2)(d)

Sfps Employees Gratuity Trust, Chennai vs. Asst Director of Income Tax, CPC, Bengaluru

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

ITA 369/CHNY/2021[2018-19]Status: DisposedITAT Chennai28 Jun 2022AY 2018-19

Bench: Shri Mahavir Singhand Shri G. Manjunathaआयकर अपील सं./Ita No.: 369/Chny/2021 िनधा"रण वष" /Assessment Year: 2018 - 19 Sfps Employees Gratuity Trust, The Acit, No.145, 1St Floor, V. Non-Corporate Ward-3(5), Santhome High Road, Chennai. Mylapore, Chennai – 600 004. Pan: Aatts 0132Q (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri R. Sivaraman, Advocate ""यथ" क" ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई क" तार"ख/Date Of Hearing : 28.06.2022 घोषणा क" तार"ख/Date Of Pronouncement : 28.06.2022 आदेश /O R D E R Per Mahavir Singh: This Appeal By The Assessee Is Arising Out Of The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi In Appeal No. Cit(A), Chennai-6/10341/2019-20, Order Dated 02.08.2021. The Return Of Income Was Processed By The Adit, Cpc, Bangalore For The Assessment Year 2018-19 U/S. 143(1) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 12.02.2020. I.T.A. No.369/Chny/2021 2 2. At The Outset, The Ld.Counsel For The Assessee Drew Our Attention To Ground No.5, Which Reads As Under:- 5. The Cit(A) Erred In Deleting The Appeal Assuming That The Issue Involved Was Deduction U/S.80P(2)(A) Though In The Appellants Case, The Issue Involved Was Exemption Of The Appellant’S Income U/S.10(25)(Iv).

For Appellant: Shri R. Sivaraman, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 10(25)(iv)Section 143(1)Section 80P(2)(a)

ACIT, Circle - 1, Burdwan vs. Burdwan Central Cooperative Agricultural Production & Marketing Society Ltd., Burdwan

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

ITA 1007/KOL/2010[2006-07]Status: DisposedITAT Kolkata22 Sept 2017AY 2006-07

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm] I.T.A. No. 1007/Kol/2010 Assessment Year: 2006-07 A.C.I.T., Cir-1, Burdwan.............................………………………….........................Appellant Aayakar Bhawan, Court Compound Burdwan. Burdwan Central Co-Op. Agricultural Production & Marketing Society Ltd.………………………………………………............................................................Respondent Memari, Burdwan [Pan: Aaccb3520D] Appearances By: Shri Sallong Yaden, Addl. Cit Appearing On Behalf Of The Revenue. Shri N.C. Mondal, Fca Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : September 13, 2017 Date Of Pronouncing The Order : September 22, 2017 Order Per P.M. Jagtap, Am This Appeal Is Preferred By The Revenue Against The Order Of Ld. Cit (Appeals) Asansol Dated 19.02.2010. 2. In Ground No 1 To 4, The Revenue Has Challenged The Action Of The Ld. Cit (A) In Deleting The Disallowance Made By The Ao On Account Of Assessee’S Claim For Deduction U/S 80P(2)(A) Of The Act In Respect Of Bank Commission, Handling Charges, Insurance Charges & Drying Charges. 3. The Assessee In The Present Case Is A Cooperative Society Which Is Engaged In The Business Of Letting Out Of Warehouse & Trading In Agricultural Equipments, Fertilizers & Other Articles For The Purpose Of Supplying Them To Its Members. The Return Of Income For The Year

Section 143(3)Section 68Section 80B(2)(a)Section 80P(2)(a)