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

Income-tax Act, 2025: s.149

Section 80P(2)(d) 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)(d) is CIT v. Vegetable Products Ltd. (88 ITR 192), cited in 2,664 of the 2,440 judgments on BharatTax that turn on this section.

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

CIT v. Vegetable Products Ltd.
88 ITR 192 · 1973 · Supreme Court
2,664
citing judgments

When two equally plausible interpretations of a taxing provision are possible, or when conflicting views exist from non-jurisdictional High Courts, the interpretation that favors the assessee must be adopted.

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.

CIT v. Ponni Sugars & Chemicals Ltd.
306 ITR 392 · 2008 · Supreme Court
577
citing judgments

The "Purpose Test" determines whether an incentive or subsidy is a capital or revenue receipt for income tax purposes. If the incentive's purpose is to enable an assessee to set up a new industry or make investments in capital assets, it is a capital receipt and not taxable.

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).

Judgments on Section 80P(2)(d)

The Sasme Co-Op. Society Ltd, Surat vs. Pr, CIT-2, Surat

In the result, appeal of the assessee is allowed

ITA 185/SRT/2020[2015-16]Status: DisposedITAT Surat03 Mar 2021AY 2015-16

Bench: Shri Pawan Singh, Hon'Ble & Dr. Arjun Lal Saini, Hon'Ble(Virtual Hearing) आ.अ.सं./I.Ta No.185/Srt/2020 िनधा"रण वष"/Assessment Year: 2015-16 The Sasme Co-Op. Society Ltd, Vs. The Principal Sasme Bhavan Kotsafil Main Commissioner Of Income Road, Surat – 395 003. Tax, Surat-2. [Pan: Aaaas 3507 M] अपीलाथ" / Appellant ""थ"/Respondent िनधा"रतीकीओर से/Assessee By Shri Hiren R.Vepari – Ar राज"कीओर से /Revenue By Shri Ritesh Mishra - Cit(Dr) सुनवाई की तारीख/ Date Of Hearing: 25.02.2021 उद्घोषणा की तारीख/Pronouncement On: 03.03.2021 आदेश /O R D E R Per Pawan Singh, Judicial Memeber: 1. This Appeal By Assessee Is Directed Against The Order Of Learned Principal Commissioner Of Income Tax, Surat-2, (Pcit), Passed Under Section 263 Of Income-Tax Act Dated 16Th March 2020. The Assessee Has Raised Following Grounds Of Appeal: “(1) The Principal Commissioner Of Income Tax Was Not Justified In Assuming Jurisdiction Under Section 263 Without Satisfying Conditions. (2) The Appellant Submits That The Principal Commissioner Of Income Tax Ought Not To Have Invoked Provision Of Section 263 On The Very Same Point On Which The Assessing Officer Had Made Enquiry & Had Taken Position. (3) The Appellant Further Submit The Principal Commissioner Of Income Tax Did Not Appreciate The Subtle Portion Of Law We Are Proceeding Under Section 263 Do Not Extend To Sustain A Principal Commissioner Of Income Tax Office To Take A Different View In The Same Matter. (5) The Learned Pcit Was Driving By Extraneous Consideration In Not Dropping The Proceeding Under Section 263.”

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