Primary Agricultural Credit Co-Operative Society Ltd. v. ITO (2024) 231 TTJ 232 / 241 DTR 1 / 38 NYPTTJ 898 (Bang)(Trib)

S. 80P : Co-operative societies-Providing credit facilities to members-Interest received from members and non-members-Mutuality-If the nominal/associate members of the assessee society are not members and they are not entitled to share of profits earned by the assessee, then proportionate deduction under s. 80P(2)(a)(i) is to be granted in respect of interest earned by providing credit facilities only to the regular members; issue is remitted to the AO for afresh consideration.[S.57(iii), 80P(2)(a)(i), 80P(2)(d)]

Held that the AO has to examine the by-laws of the society in regard to classification of members, their rights, sharing of profits of the society among the members (regular/nominal). In the event it is found that the nominal/associate members of the assessee-society are not members and they are not entitled to share of profits earned by the assessee, then proportionate deduction under s. 80P(2)(a)(i) is to be granted in respect of interest received from regular members only. Assessee is directed to produce the quantum of interest income received from all the categories of members for AO to carry out necessary verification. Accordingly, this issue is remitted to the AO for afresh consideration and determination of the interest received from members and non-members from providing credit facilities and decide the issue as per law. AO shall grant deduction on such interest income under s. 80P(2)(a)(i) if the assessee satisfies the principle of mutuality as per its byelaws. (AY. 2017-18)

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