Sai Datta Mutual Aided Co-Operative Credit Society v. ACIT (2018) 169 DTR 65 / 194 TTJ 970 (Hyd.)(Trib.)

S. 80P : Co-operative societies–Mutuality-Nominal member cannot be treated as non-member and so transactions of nominal members cannot be treated as transactions of non-members-Entitle to exemption. [S. 4, 80P(2)].

AO held that there were two categories of Members i.e.-Ordinary Members and Nominal Members  accordingly the exemption was denied in respect of transactions with nominal embers either r u/s 80P or under concept of mutuality. Tribunal held that AO’s  distinction or findings that society was transacting with non-members was not correct. There was no distinction between ordinary members and nominal members and just because categorized as nominal members, they could not be treated as ‘non-members. Accordingly the  assessee was covered by principle of mutuality and its income would be exempt on that concept. (AY. 2013-14)