Section 80P of the Income Tax Act

Income-tax Act, 2025: s.149

Section 80P of the Income-tax Act, 1961 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 is Totgars Co-operative Sale Society Ltd. v. ITO (322 ITR 283), cited in 1,283 of the 5,069 judgments on BharatTax that turn on this section.

Leading authorities on Section 80P

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.

Co-operative Bank Ltd. v. CIT
384 ITR 490 · 2016 · High Court
631
citing judgments

Co-operative banks are not fundamentally different from co-operative societies, entitling them to claim deductions under Section 80P of the Income Tax Act, 1961, including for interest income treated as business income.

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).

Totgar's Co-operative Sale Society Ltd. v. ITO
188 Taxmann 282 · 2010 · Supreme Court
486
citing judgments

Interest income earned by a co-operative society from investments, particularly with co-operative banks, is not eligible for deduction under Section 80P as it is not attributable to the core business activities of the society and constitutes "other income", not "profits and gains of business".

CIT v. Andhra Pradesh State
200 Taxmann 220 · 2011 · High Court
348
citing judgments

Interest earned by a Co-operative Society from investing fixed deposits in banks is entitled to a deduction under Section 80P(2)(a)(i) of the Income-tax Act.

Judgments on Section 80P

Shri Na vs. Ari Khedut Sahkari Society Ltd, Navsarivs.Assistant Commissioner of Income Tax, Navsari, Navsari Circle

Appeal of the assessee is allowed

ITA 136/SRT/2026[2015-2016]Status: DisposedITAT Surat19 Jun 2026AY 2015-2016

Bench: Ms. Suchitra Kamble & Shri Narendra Prasad Sinhashri Navsari Khedut Sahkari Society Assistant Commissioner Of Income Ltd., Tax, Navsari Maneklal Road, Vs. Room No.302, Income Tax Office, Navsari, Charpool, Gujarat – 396445 Navsari-396445 Pan: Aaajs0533J (Appellant) : (Respondent) Assessee By : Shri Darshit J Naik, Ca : Shri Ajay Uke, Sr. Dr Respondent By : 23.04.2026 Date Of Hearing Date Of Pronouncement : 19.06.2026 O R D E R Per Suchitra Kamble, J M: The Appeal Filed By The Assessee Is Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals), Addl/Jcit(A) [In Short “Cit(A)”], Jaipur Dated 23.12.2025 For The Assessment Year (In Short “Ay”) 2015-16. 2. The Assessee Has Raised The Following Grounds Of Appeal: “(1) The Ld. Cit(A) Has Erred, In Law & On Facts, In Assessing Total Income Of Your Appellant At Rs.26,37,010/- As Against Returned Income Of Rs.Nil. 2) The Ld. Cit(A) Has Erred In Law & On Facts, In Disallowing The Claim Of Deduction Of Rs.26,27,414/- U/S 80P Based On Incorrect Interpretation Of Facts & Law On The Subject. 3) The Ld. Cit(A) Erred In Holding That There Was A Breach In The Principle Of Mutuality By The Appellant Co-Operative Society & Consequently, Erred In Disallowing The Deduction U/S 80P.

For Appellant: Shri Darshit J Naik, CAFor Respondent: 23.04.2026
Section 10(34)Section 143(2)Section 80PSection 80P(2)(a)Section 80P(2)(d)

Ugat Vibhag Vividh Karyakari Sahkari Mandli Limited, Na vs. Arivs.Income Tax Officer, Navsari Circle, Navsari

Appeal of the assessee is allowed

ITA 133/SRT/2026[2017-18]Status: DisposedITAT Surat19 Jun 2026AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Narendra Prasad Sinham/S. Ugat Vividh Karyakari Sahkari Income Tax Department, Mandli Limited, Office Of The Income Tax Officer, At & Po Ugat, Vs. Navsari Circle, District Navsari, Navsari-396445 Navsari– 396445 Pan: Aaaau0211G (Appellant) : (Respondent) : Shri Sujesh C. Suratwala, Ca Assessee By Respondent By : Shri Ajay Uke, Sr. Dr Date Of Hearing : 23.04.2026 : 19.06.2026 Date Of Pronouncement O R D E R Per : Suchitra Kamble, J M: The Appeal Filed By The Assessee Is Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals), Addl/Jcit(A) [In Short “Cit(A)”], Jaipur Dated 07.01.2026 For The Assessment Year (In Short “Ay”) 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: “1. In Finance Act, 2006, Section 80P(4) Inserted To Withdraw Exemption U/S 80P To Tax Co- Operative Bank. There Is No-Amendment In Finance Act 2006 Or Then After To Withdraw Exemption U/S 80P Which Exempt Dividend & Interest Income Of Co-Operative Society From Other Co-Operative Societies (Where Co-Operative Bank Is One Kind Of Co-Operative Society Only). 2. On Facts & Circumstances Of The Case As Also Law On Subject, The Learned Ao As Well As Cit(A)/Nfac Has Erred In Making Addition Of Income Of Rs.4,83,278/-Which Was Eligible M/S. Ugat Vividh Karyakari Sahkari Mandli Limited

For Respondent: Shri Ajay Uke, Sr. DR
Section 142(1)Section 143(2)Section 2(19)Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 80P(4)