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)

Gangavihar Residency Co Operative Housing Society Limited, Andheri West vs. Income Tax Officer, Piramal Chamber Building

In the result both the appeals are allowed

ITA 1097/MUM/2024[2021-2022]Status: DisposedITAT Mumbai27 Jun 2024AY 2021-2022

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 1096/Mum/2024 (A.Y. 2020-21) I.T.A. No. 1097/Mum/2024 (A.Y. 2021-22) Gangavihar Residency Vs. Ito, Ward Cooperative Housing 24(1)(1) Society Limited Piramal Chamber Plot No. 174, Cts No. Mumbai. 427, Gangavihar Residency Chs, S.V. Road, Andheri West Mumbai-400 058. Pan : Aaaag6470H (Appellant) (Respondent) Assessee By Shri Surendra Tiwari Department By Shri R.R. Makwana Date Of Hearing 10.06.2024 Date Of Pronouncement 27.06.2024 O R D E R 1. These Are The Two Appeals Filed By The Assessee For Assessment Year 2020 – 21 & 2021 – 22 Involving Similar Issue Of Disallowance Of Deduction Under Section 80 P (2) (D) Of The Act Disallowed In Order Under Section 143 (1) Of The Act By The Central Processing Centre Bangalore While Processing The Return Of Income Of The Assessee, The Appeals Filed Before Cit – A Confirmed The Action Of The Central Processing Centre. Both The Parties Raised Similar Grounds & Arguments, Therefore These Two Appeals Are Disposed Of By This Common Order. 2. For Assessment Year 2020 – 21, The Assessee Being A Cooperative Housing Society Filed Return Of Income On 19/1/2021 Before The Due Date Of 15/2/2021 Declaring Total Income At Rupees Nil. The Intimation Under Section 143 (1) Of The Act Was Passed On 25/11/2021. In The 2

Section 10ASection 139Section 142Section 143Section 80

Divya Satkar Co-Op Hsg Society, Mumbai vs. Income Tax Officer Ward, -42(1)2, Mumbai

In the result, the solitary issue in this appeal covering all the 4 ground is of the appeal are allowed

ITA 4707/MUM/2023[2020-21]Status: DisposedITAT Mumbai27 Jun 2024AY 2020-21

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 4707/Mum/2023 (A.Y. 2020-21) Divya Satkar Cooperative Vs. Ito-42(1)(2) Housing Society Limited Kautilya Bhavan Gaurav Garden Complex Bandra Kurla Complex Bunder Pakhadi Road Bandra East Kandivali West Mumbai-400 051. Mumbai-400 067. Pan : Aaaad4869R (Appellant) (Respondent) Assessee By Shri Devendra Bafna 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 Divya Satkar Cooperative Housing Society Mumbai (Assessee/Appellant) For Assessment Year 2020 – 21 Against The Appellate Order Passed By National Faceless Appeal Centre Nfac), Delhi (The Learned Cit – A) Dated 2/11/2023 Wherein Appeal Filed By The Assessee Against The Rectification Order Passed Under Section 154 In Order Under Section 143 (1) Of The Income Tax Act (The Act) By Central Processing Centre, Was Dismissed. Assessee Is Aggrieved With Denial Of Deduction Under Section 80 P (2) (D) Of The Act Of ₹ 170,163 To The Appellant On Interest Income Received From Cooperative Banks. 2. Brief Facts Of The Case Shows That Assessee Filed Its Return Of Income On 28/1/2021 Claiming Deduction Under Section 80 P (2) (B) On Account Of Interest On Fixed Deposit Of ₹ 157,869/– From Shamrao Vithal Cooperative Bank Ltd & Saraswat Cooperative Bank Ltd Along With The Interest On Savings Bank Account Of ₹ 12,294 Totaling To ₹ 170,163/–. Thus Central Processing Centre While Processing The Page 1 Of 5

Section 10ASection 139Section 142Section 143Section 154Section 80

Usha Janakalyan Nagar Chs Ltd, Mumbai vs. The Income Tax Officer-30(1)(1), Mumbai

In the result all three appeals filed by the assessee are allowed

ITA 4694/MUM/2023[2013-14]Status: DisposedITAT Mumbai27 Jun 2024AY 2013-14

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 4694/Mum/2023 (A.Y. 2013-14) I.T.A. No. 4696/Mum/2023 (A.Y. 2018-19) I.T.A. No. 4697/Mum/2024 (A.Y. 2019-20) Usha Janakalyan Vs. Income Tax Nagar Chs Ltd. Officer, 211, Kharodi, Marver Ward 41(3)(4) Road, Malad West Room No. 722, Mumbai-400 095. Kautilya Bhavan, C-41 To C-43, G Pan : Aaaau1039J Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051 (Appellant) (Respondent) Assessee By None Department By Shri R.R. Makwana Date Of Hearing 13.06.2024 Date Of Pronouncement 27.06.2024 O R D E R 1. These Are The Three Appeals Filed By The Assessee Usha Jankalyan Nagar Cooperative Housing Society Ltd Mumbai For Assessment Year 2013 – 14, 2018 – 19 & 2019 – 20 Involving Similar Issue & Therefore As The Arguments Of The Parties Are Also Similar, Disposed Of By This Common Order. 2. Ita Number 4694/M/2023 Is Filed By The Assessee For Assessment Year 2013 – 14 Against Appellate Order Passed By The National Faceless Appeal Centre (Nfac) Delhi Dated 24/10/2023 Wherein The Appeal Filed By The Assessee Against Order Passed Under Section 154 Read With Section 143 (1) Of The Income Tax Act Dated 28/9/2018 Passed By The Ito Ward 30/1/1, Mumbai Was Dismissed. 3. The Brief Facts Of The Case Shows That The Assessee Is Aggrieved That Interest Received From Cooperative Bank Were Held To Be Not Eligible For Deduction Under Section 80 P (2) (D) Of The Act.

Section 10ASection 139Section 142Section 143Section 154Section 80