Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Income Tax

Call It “Souharda” or “Society”—Co-operation by Any Name Qualifies u/s 80P: Bangalore ITAT

Case Law Details

TaxGuru Citation
2026 taxguru.in 12740
Case Name
Chidambara Souharada Pattina Sahakari Niyamita Vs ITO (ITAT Bangalore)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
Subscribe to download.

Already Upgraded? Log in.

Advertisement

Chidambara Souharada Pattina Sahakari Niyamita Vs ITO (ITAT Bangalore)

Call It “Souharda” or “Society”—Co-operation by Any Name Qualifies u/s 80P: Bangalore ITAT

The controversy

The assessee, Shri Chidambara Souharada Pattina Sahakari Niyamita, was registered under the Karnataka Souharda Sahakari Act, 1997. It provided credit facilities exclusively to its members.

For AY 2017-18, the assessee filed its return declaring nil income after claiming a deduction of ₹31,69,257 u/s 80P.

The return was selected for limited scrutiny under CASS to examine low income in comparison with high loans, advances or investments appearing in the balance sheet & the substantial Chapter VI-A deduction.

During assessment, the assessee furnished its audit report, financial statements, investment details, ITR-V, statement of income, registration certificate & bye-laws.

The AO nevertheless denied the deduction solely because the assessee was registered under the Karnataka Souharda Sahakari Act, 1997, and not under the Karnataka Co-operative Societies Act, 1959.

“Co-operative” distinguished from “co-operative society”

According to the AO, the Karnataka Legislature had deliberately distinguished between entities registered under the two State enactments.

An entity registered under the Karnataka Co-operative Societies Act, 1959 was described as a “co-operative society,” whereas an entity registered under the Karnataka Souharda Sahakari Act, 1997 was merely called a “co-operative.”

Paid content

Become a Basic or Premium Member, or log in if you are already a Basic or Premium member.

Advertisement

Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 7,398

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.