Sikkim State Cooperative Supply & Marketing Federation Ltd. v. DCIT [2025] 181 taxmann.com 494 / (2026) 348 CTR 122 (Sikkim)(HC)

S. 80P: Co-operative societies-Interest received from co-operative banks is eligible for deduction under section 80P(2)(d). [S. 80P(2)(d), 80P(4), 260A]

The assessee, a non-banking co-operative society, earned interest on investments made with co-operative banks out of its surplus funds and statutory reserves. The Revenue denied deduction by applying section 80P(4). The High Court held that section 80P(4) excludes only co-operative banks and does not apply to a non-banking co-operative society merely because it earns interest from co-operative banks. Since the assessee was not a co-operative bank, its eligibility had to be considered under section 80P(2)(d), and it was entitled to deduction in respect of the interest income.  Togars Co-Operative Sale Society Ltd  v. ITO (2010)188  Taxman 282 / 322 ITR 283 / 229 CTR 209 (SC), distinguished. (AY. 2018-19)

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