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

Co-Operative Cane Development Union Limited, Lakhimpur Kheri vs. Assessment Unit/ACIT, Sitapur

ITA 916/LKW/2025[2022-23]Status: DisposedITAT Lucknow25 May 2026AY 2022-23

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2022-23 Cooperative Cane Development Vs. Assessment Unit, Income Tax Union Ltd., Maholi, C/O Ayyubi Department/Assistant Chamber, Raniganj, Lakhimpur Commissioner Of Income Tax- Kheri-262001, U.P. Sitapur, U.P. Pan: Aaatc4152F (Appellant) (Respondent) Assessee By: Sh. Shubham Rastogi, C.A. & Sh. K.R. Rastogi, C.A. Revenue By: Sh. Amit Kumar, Dr Date Of Hearing: 03.03.2026 Date Of Pronouncement: 25.05.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac Under Section 250 Of The Income Tax Act, 1961 On 31.10.2025, Wherein The Ld. Cit(A) Has Dismissed The Appeals Of The Assessee Against The Orders Of The Assessing Officer Passed Under Section 143(3), For The A.Y. 2022-23, On 6.03.2024. The Grounds Of Appeal Are As Under:- “(1) That Notice U/S 143(2) Of I. T. Act Has Been Issued By Assessment Unit. Income Tax Department, Dated 02-06-2023 Who Have No Jurisdiction To Issue The Same In View Of Cbdt Circular / Notification Dated 29.03.2022 Wherein It Has Been Specifically Enumerated That The Npac Has Exclusive Power To Issue The Notice U/S 148 Of L. T. Act, 1961, Hence The Present Assessment Is Invalid As Per Law. (2) That The Ld. C.I.T. (A) Erred On Facts & In Law In Not Allowing Deduction U/S 80P(2)(A)(Ii) & 80P(2)(1) Of L. T. Act On Interest Received On Investments Held With Banks In Form Of F.D.R.'S & Interest On Saving Bank Account Rs. 8484711/-

For Appellant: Sh. Shubham Rastogi, C.A. & Sh. K.RFor Respondent: Sh. Amit Kumar, DR
Section 142(1)Section 143(2)Section 143(3)Section 148Section 250Section 80PSection 80P(2)(a)

Shree Jyotiriling Gramin Bigar Sheti Sahakari Pat Sanstha Maryadit, Sangli vs. ITO Ward - 3, Sangli

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

ITA 52/PUN/2026[2018-19]Status: DisposedITAT Pune25 May 2026AY 2018-19

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.52/Pun/2026 धििाारण वर्ा / Assessment Year : 2018-19 Shree Jyotirling Gramin Bigar Sheti Ito, Ward – 3, Sangli Sahakari Pat Sanstha Maryadit, Opp. Palus Sahakari Bank M Palus Vs. Post. Palus Sangli-416310 Pan : Aagas1359F अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Smt. Deepa Khare Department By : Smt. Saumya Pandey Jain Date Of Hearing : 18-05-2026 Date Of 25-05-2026 Pronouncement : आदेश / Order Per Astha Chandra, Jm : The Appeal Filed By The Assessee Is Directed Against The Order Dated 28.08.2025 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)/Nfac”] Pertaining To Assessment Year (“Ay”) 2018-19. 2. There Is A Delay Of 69 Days In Filing Of This Appeal Before The Tribunal For Which The Assessee Has Filed An Affidavit Explaining The Reasons For Such Delay. After Hearing Both The Sides, We Are Of The View That The Delay Is Attributable To The Sufficient Cause. We, Therefore, In Light Of The Decisions Of The Hon'Ble Supreme Court In The Case Of Collector, Land Acquisition Vs. Mst. Katiji & Ors. (1987) 167 Itr 471 (Sc) & In The Case Of Inder Singh Vs. The State Of Madhya Pradesh Reported In 2025 Live Law (Sc) 339, Condone The Said Delay & Proceed To Decide The Appeal.

For Appellant: Smt. Deepa KhareFor Respondent: Smt. Saumya Pandey Jain
Section 142(1)Section 147Section 148Section 69ASection 80P

Pune District Supervision Co Op Societies Limited, Pune vs. Income Tax Officer Ward 6(3), Pune

In the result, the appeal is allowed

ITA 178/PUN/2026[2021-22]Status: DisposedITAT Pune25 May 2026AY 2021-22

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.178/Pun/2026 धििाारण वर्ा / Assessment Year : 2021-22 Pune District Supervision Co-Op. The Income Tax Officer, Societies Limited, Ward – 6(3), Pune 855 Budhwar Peth, Pdcc Bank Vs. Building, Laxmi Road, Pune-411002 Pan : Aaaap8016C अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Sarang Gudhate Department By : Shri Gaurav K Singh Date Of Hearing : 30-03-2026 Date Of 25-05-2026 Pronouncement : आदेश / Order Per Astha Chandra, Jm : The Appeal Filed By The Assessee Is Directed Against The Order Dated 23.12.2025 Of The Ld. Additional/Joint Commissioner Of Income Tax (Appeals)-1, Jaipur [“Addl./Jcit(A)”] Pertaining To Assessment Year (“Ay”) 2021-22. 2. Briefly Stated, The Facts Of The Case Are That The Assessee Is A Co- Operative Society Registered Under The Maharashtra Co-Operative Societies Act, 1960. It Is Engaged In The Business Of Providing Secretarial Services To Primary Agricultural Credit Societies In The District Of Pune Through Pune District Central Co-Operative Bank Ltd. (“Pdcc Bank Ltd.”). The Assessee Filed Its Return Of Income For The Ay 2021-22 U/S 139(1) Of The Income Tax Act, 1961 (The “Act”) On 10.01.2022 Declaring A Total Income Of Rs.16,69,000/- After Claiming Deduction U/S 80P Of Rs.2,71,68,788/-. The Return Of The Assessee Was Processed U/S 143(1) Of The Act By The Ld. Assessing Officer/Centralized Processing Centre (“Ao/Cpc”). In The Intimation Order Passed U/S 143(1) Deduction U/S 80P Of Rs.2,71,18,788/- In Respect Of The Interest Income Earned From The Investments Made In The 2

For Appellant: Shri Sarang GudhateFor Respondent: Shri Gaurav K Singh
Section 139(1)Section 143(1)Section 80PSection 80P(2)(a)Section 80P(2)(c)Section 80P(2)(d)