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)

Hassan Co-Operative Society Limited, Hassan vs. Income Tax Officer, Ward-1, Hassan

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

ITA 909/BANG/2024[2017-18]Status: DisposedITAT Bangalore27 Jun 2024AY 2017-18

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Hassan Co-Operative Society Ltd. The Income Tax Officer #1, Society Road Ward -1 Gandhi Bazar Vs. Aayakar Bhavan Hassan 573201 2Nd Stage, Belur Road Pan – Aaaah7251F Hassan 573201 (Appellant) (Respondent) Assessee By: Shri Tarun Kothari, Advocate Revenue By: Shri Ganesh R. Gale, Standing Counsel Date Of Hearing: 20.06.2024 Date Of Pronouncement: 27.06.2024 O R D E R Per: Soundararajan K., J.M. This Appeal Is Filed By The Assessee Challenging The Order Of The Commissioner Of Income Tax (Appeals), Kanpur (Cit(A))Dated 28.02.2024 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) In Respect Of Assessment Year (Ay) 2017-18. 2. The Assessee Is A Co-Operative Society Registered Under The Provisions Of The Karnataka Co-Operative Societies Act & It Declared An Income Of Rs.9,98,941/- & Claimed Exemption Under Chapter Via Of The Act. The Assessing Officer (Ao) Had Disallowed A Portion Of The Claim On The Ground That The Same Are Not From The Investments Made With Any Other Co-Operative Societies & Therefore Not Eligible For Deduction Under Section 80P(2)(D) Of The Act. The Assessee Filed An Appeal Before The Cit(A) & Contended That The Income Earned By The Assessee Is Eligible For Deduction Under Section 2 Hassan Co-Operative Society Ltd. 80P(2)(A)(I) Of The Act Since The Assessee Had Invested The Surplus Funds By Way Of Temporary Deposit In Various Co-Operative Societies. The Cit(A) Decided The Appeal Ex-Parte & Dismissed The Same Since The Assessee Had Not Appeared Before Him In Spite Of Granting Five Occasions As Below: -

For Appellant: Shri Tarun Kothari, AdvocateFor Respondent: Shri Ganesh R. Gale, Standing Counsel
Section 2Section 250Section 57Section 80P(2)(d)Section 80P(2)(i)

Npc Employees Co Operative Credit Society Ltd, Mumbai vs. Income Tax Officer, Mumbai

In the result the solitary ground of appeal of the assessee is allowed

ITA 89/MUM/2024[2020-2021]Status: DisposedITAT Mumbai27 Jun 2024AY 2020-2021

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 89/Mum/2024 (A.Y. 2020-21) Npc Employees Vs. Ito Ward 27(2)(1) Cooperative Credit Vashi Railway Society Limited Station, 4Th Floor Vikram Sarabhai Vashi, Navi Bhavan, South Wing Mumbai-400 703. 6Th Floor, Trombay Mumbai-400 094. Pan : Aaban0550E (Appellant) (Respondent) Assessee By Shri Sushant N. Alme Department By Shri R.R. Makwana Date Of Hearing 05.06.2024 Date Of Pronouncement 27.06.2024 O R D E R 1. This Appeal Is Filed By Npc Employees Cooperative Credit Society Ltd Mumbai (The Assessee/Appellant) For Assessment Year 2020 – 2021 Against The Appellate Order Passed By The National Faceless Appeal Centre (Nfac), Delhi (The Learned Cit – A) Dated 29/11/2023 Wherein The Appeal Filed By The Assessee Against The Assessment Order Passed By The Faceless Appeal Centre On 19/9/2022 Under Section 143 (3) Of The Income Tax Act, 1961 Was Dismissed. 2. The Only Dispute In This Appeal Is That Assessee Has Invested Surplus Amount In Fixed Deposits With State Bank Of India & Earned Interest Of ₹ 1,176,084/–. The Assessee Claimed Deduction Under Section 80 (P) (2) Of The Act Which Was Denied To The Assessee & Is Contested In This Appeal. 3. The Brief Facts Of The Case Shows That Assessee Is A Co-Operative Society Registered Under The Maharashtra State Cooperative Societies Act, 1961 Page 1 Of 6

Section 143Section 144Section 80

The Woodland Co-Operative Housing Society Limited, Mumbai vs. CPC, Bangalore, Mumbai

In the result appeal of the assessee is allowed

ITA 309/MUM/2024[2021-2022]Status: DisposedITAT Mumbai27 Jun 2024AY 2021-2022

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 309/Mum/2024 (A.Y. 2021-22) The Woodland Vs. The Deputy Cooperative Housing Commissioner Of Society Limited Income Tax 101, Woodland 23 (1) Mumbai Heights 23, Dr. Raghunath Road, Bandra West Mumbai-400 050. (Appellant) (Respondent) Assessee By Shri Ashish Thakurdesai Department By Shri R.R. Makwana Date Of Hearing 06.06.2024 Date Of 27.06.2024 Pronouncement O R D E R 1. This Appeal Is Filed By The Woodland Cooperative Housing Society Ltd Against The Appellate Order Passed By The Commissioner Of Income Tax (Appeals) – 1, Lucknow (The Learned Cit – A) For Assessment Year 2021 – 22 Dated 28/11/2023 Wherein The Appeal Filed By The Assessee Against The Intimation Order Passed Under Section 143 (1) Of The Income Tax Act, 1961 (The Act) Dated 19 October 2022 By The Central Processing Centre Bangalore Made An Adjustment On Account Of Disallowance Of Deduction Under Section 80 P (2) (D) With Respect To Interest Income Earned By These Cooperative Society From Other Cooperative Banks Amounting To ₹ 410,340/–, Is Dismissed. 2. Brief Facts Of The Case Shows That Assessee Is A Resident Housing Cooperative Society, Filed Its Return Of Income On 28/12/2021 For The Impugned Assessment Year Where The Due Date Was 31/12/2021 Declaring Total Income Of ₹ 43,160/–. The Assessee Has Earned

Section 10ASection 139Section 142Section 143Section 80