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 Bbr & Rdcc Employess Co-Operative Society Limited, Banghalore vs. Income Tax Officer, Ward-5(2)(4), Bangalore

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

ITA 17/BANG/2023[2017-18]Status: DisposedITAT Bangalore06 Feb 2023AY 2017-18

Bench: Shri N. V. Vasudevanassessment Year : 2017-18 M/S. The Bbr & Rdcc Bank Vs. Ito, Employees Co-Operative Society Ltd., Ward – 5(2)(4), No.6, 5Th Main Road, Chamarajpet, Bengaluru. Bengaluru. Pan : Aaaab 1346 D Appellant Respondent Assessee By : Shri. Girish, Ca Revenue By : Shri. Ganesh R. Ghale, Standing Counsel Date Of Hearing : 02.02.2023 Date Of Pronouncement : 06.02.2023 O R D E R This Is An Appeal By The Assessee Against The Order Dated 19.07.2022 Of Nfac, Delhi, Relating To Assessment Year 2017-18. 2. The Assessee Is A Co-Operative Society Registered Under The Karnataka Co-Operative Societies Act, 1959 & Is Engaged In Providing Small Credit Facilities To The Members Of The Society. The Assessee Received Interest On Investments Made In Financial Institutions Other Than Co- Operative Societies Of A Sum Of Rs.18,07,490/-. The Assessee Claimed That The Aforesaid Interest Income Is Originally For A Deduction Under Section 80P(2)(A)(I) Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Claim Of The Assessee Was Rejected By The Ao Based On The Decision Of The Hon’Ble Karnataka High Court In The Case Of Pcit, Hubli Vs. Totgars Co-Operative Sale Society Ltd., (2017) 83 Taxmann 140 (Karnataka). The Page 2 Of 6

For Appellant: Shri. Girish, CAFor Respondent: Shri. Ganesh R. Ghale, Standing Counsel
Section 80P(2)(a)Section 80P(2)(d)

Sree Renukamba Credit Co-Op. Society Ltd., Davanagere vs. ITO, Ward-1, Davanagere

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

ITA 1122/BANG/2022[2020-21]Status: DisposedITAT Bangalore17 Jan 2023AY 2020-21

Bench: Shri Chandra Poojarisree Renukamba Credit Co- Vs The Income Tax Officer Operative Society Ltd. Ward - 1 Vinobanagara, Pb Road Davanagere Davanagere 577006 Pan – Abias7107E (Appellant) (Respondent) Assessee By: Shri Sandeep C, Ca Revenue By: Shri Ganesh R. Ghale, Standing Counsel Date Of Hearing: 17.01.2023 Date Of Pronouncement: 17.01.2023 O R D E R Per: Chandra Poojari, A.M. This Appeal By The Assessee Is Directed Against The Order Of The Cit(A), Nfac, Delhi Dated 23.11.2022 For Ay 2020-21. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. That The Order Of The Learned Commissioner Of Income-Tax (Appeals) In So Far It Is Prejudicial To The Interests Of The Appellant Is Bad & Erroneous In Law & Against The Facts & Circumstances Of The Case. 2. That The Learned Commissioner Of Income-Tax (Appeals) Erred In Law & On Facts In Deciding The Appeal Ex-Parte On The Ground That The Appellant Did Not Respond To The Hearing Notices & Such Finding Is Perverse As The Appellant Has Sought Adjournment. 3. That The Learned Commissioner Of Income-Tax (Appeals) Erred In Law & On Facts In Not Considering The Fact That The Appellant Responded To The Intimation U/S 143(1) Of The Act

For Appellant: Shri Sandeep C, CAFor Respondent: Shri Ganesh R. Ghale, Standing Counsel
Section 143(1)Section 143(1)(a)Section 80P(2)(a)Section 80P(2)(d)

Regency Premises Co-Op Society Limited, Mumbai vs. Ward 23(1)(1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 2547/MUM/2022[2020-21]Status: DisposedITAT Mumbai17 Jan 2023AY 2020-21

Bench: Shri Aby T. Varkey, Jm & Shri M. Balaganesh, Am आयकर अपील सं/ I.T.A. No.2547/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2020-21) Regency Premises Co-Op बिधम/ Dcit/Acit, Cpc Hsg. Society Ltd. Kautilya Bhavan, Vs. Regency Chambers Near Mumbai-400051. Nandi Cinema National Library Road Bandra West, Mumbai-400050. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabar7613N (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Bhupendra Shah Revenue By: Shri Vaibhav Jain सुनवाई की तारीख / Date Of Hearing: 13/12/2022 घोषणा की तारीख /Date Of Pronouncement: 17/01/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Co-Operative Housing Society Ltd. Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 26.08.2022 For Assessment Year 2020-21 Wherein The Assessee Has Challenged The Action Of The Ld. Cit(A) Confirming The Ao’S Decision In Not Granting Deduction U/S 80P(2)(D) Of The Income Tax Act, 1961 (Hereinafter “The Act”) Of An Amount Of Rs.3,34,570/- Which The Assessee Has Earned As Interest On Fixed Deposit In A Co-Operative Bank.

For Appellant: Shri Bhupendra ShahFor Respondent: Shri Vaibhav Jain
Section 143(1)Section 80P(2)(d)