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Section 80P Deduction Available on Interest Earned from Statutory Bank Deposits: ITAT Bangalore

Case Law Details

TaxGuru Citation
2025 taxguru.in 8933
Case Name
Bhaskara Employees Credit Co-operative Society Ltd. Vs ITO (ITAT Bangalore)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
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Bhaskara Employees Credit Co-operative Society Ltd. Vs ITO (ITAT Bangalore)

ITAT Bangalore Allows Deduction u/s 80P(2)(a)(i) on Interest from Statutory Investments – Section 80P to Be Interpreted Liberally –

ITAT Bangalore allowed the assessee’s appeal & directed AO to grant deduction of Rs.4,70,921/- u/s 80P(2)(a)(i) on interest earned from statutory investments

Assessee, a credit co-operative society of ISRO employees registered under the Karnataka Co-operative Societies Act, filed return declaring Nil income after claiming deduction of Rs.34,06,263/- u/s 80P. AO denied deduction on interest income of Rs.4,70,921/- earned on deposits with co-operative & scheduled banks, treating it as “income from other sources” relying on Karnataka HC ruling in Totagars’ Sales Co-op Society (83 taxmann.com 140). CIT(A) upheld AO’s order.

Before ITAT, assessee argued that interest was from statutory reserve funds mandated under the Karnataka Co-operative Societies Act, hence attributable to its business of providing credit facilities to members & covered by section 80P(2)(a)(i). It relied on SC rulings in Mavilayi Service Co-op Bank Ltd. (123 taxmann.com 161) & Kerala State Co-op Agricultural & Rural Development Bank Ltd. (458 ITR 384), as well as ITAT Bangalore order in assessee’s own earlier year (ITA No.1724/Bang/2019).

Tribunal observed that section 80P is a benevolent provision to be interpreted liberally in favour of co-operative movement. It distinguished Totagars since that case related to idle surplus funds & section 80P(2)(d), whereas here the deposits were statutory investments integral to business activity. Following Supreme Court rulings, ITAT held that such interest was attributable to providing credit facilities to members & eligible for deduction. Accordingly, ITAT allowed the appeal & directed AO to grant deduction of Rs.4,70,921/- u/s 80P(2)(a)(i)

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,941

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