Section 80P: Tax Deductions for Cooperatives

Introduction:

Income-tax laws in India include provisions for various profit-linked deductions aimed at incentivizing investments in specific industries. These deductions are outlined in the Income Tax Act, 1961, within Chapter VI-A They are accessible under Sections 80H to 80RRB, pertaining to profits and gains from designated industries like hotel businesses, small-scale industrial undertakings, housing projects, export enterprises, and infrastructure development.

A deduction under this chapter applies to income or profits of a business entity, as described in section 80P of the Income Tax Act. This discount is applicable to individuals, Hindu unified family units (HUFs), companies and corporations. In a joint venture, deductions may be made on the basis of net profits as indicated by specific activities.

Section 80P:


Section 80P of the Income Tax Act offers tax deductions for income earned by specific types of cooperatives. The provision applies to cooperative societies involved in activities such as farming, fishing, processing, and marketing of agricultural produce, as well as cooperative credit societies. The deduction available under this section varies based on the type of cooperative and the nature of its income.

To claim the deduction under Section 80P, the assessee must submit a return of income in the prescribed form and manner, adhering to the due date specified in the Income Tax Act. However, this deduction is not applicable to any income exempt from tax under other provisions of the Income Tax Act.

Key Features of section 80P:

  • Section 80P of the Income Tax Act provides for deduction from the gross income of a partnership. These discounts are convenient for all sectors, including farm and consumer sectors.
  • The deduction primarily applies to entities connected with agriculture, industry, trade, or commerce. It also extends to service providers, although profits are reinvested back into society.
  • This initiative aims to encourage individuals to collaborate in forming cooperatives, create benefits for the broader community, strengthen the economy and provide local employment opportunities
  • These policies contribute to the economic stability of the country by encouraging coalitions to invest in infrastructure and services, thereby enhancing sustainable employment and wealth creation  Such measures are needed very much in the development of the government’s plans for the cooperative sector, which plays an important role in the country’s economic growth.
  • This program aims to encourage individuals to collaborate in the creation of cooperatives, thereby benefiting the broader community, strengthening the economy and creating employment opportunities for local communities.

Deductions under Section 80P:

  • Corporations are eligible for a 100% income tax deduction on their profits and gains under the following circumstances.
  • Businesses engaged in marketing agricultural produce sourced from their members.
  • Co-operatives manage agricultural production by members without exercising power.
  • Those involved in banking and providing credit facilities to members.
  • Businesses engaged in fishing and related activities, encompassing curing, preserving, storing, catching, or marketing fish, including the purchase of materials and equipment for fishers.
  • Interests and dividends earned from investments in another cooperative society are eligible for deduction.
  • cottage industries 
  • Income earned from interest or house property by a cooperative society.
  • Income generated by a cooperative society from renting godowns or warehouses.
  • Cooperative societies involved in supplying fruits, vegetables, milk, and oilseeds to:The government or a local authority,A government company or a corporation engaged in supplying these products.,A federal cooperative society that supplies the aforementioned products.
  • Cooperative societies facilitating the collective disposal of their members’ labor.

Conditions for Claiming Deductions:

  • To be eligible for deduction under Section 80P of the Income Tax Act of India, the following conditions must be fulfilled.
  • The assessee  may be engaged in agriculture, industry or trade.
  • The deduction claimed cannot surpass the amount of tax payable by the assessee.
  • The assessee must have earned profits during the relevant financial year.
  • The assessee must qualify as a cooperative society.

Maximum Deduction Available Under Section 80P:

  • As per the Income Tax Act of India, individuals, Hindu Undivided Families (HUFs), and corporations (other than corporations) can claim deduction for interest income from banks, post offices, or other financial institutions under Section 80P. The maximum deduction allowed under this section is ₹10,000.
  • Deductible interest must be available for the financial year. To claim cancellation under section 80P, the taxpayer has to furnish evidence in the form of pass book or account details from a bank or financial institution as applicable.

Exclusions under section 80P: 

  • The Finance Act of 2006 introduced certain exclusions to the eligibility criteria for deduction benefits under Section 80P.
  • Any cooperative bank (including Regional Rural Banks) that does not meet the criteria of being a primary agricultural credit society (as defined in the Banking Regulation Act) or
  • Primary Cooperative Agricultural and Rural Development Bank means communities whose business capacity is limited to taluks, whose main objective is to provide long-term credit for agricultural and rural development activities
  • It is now exempt from incentivization under Section 80P. In order to ensure parity between cooperative banks and commercial banks, which do not receive this tax benefit, the deduction has been revoked.

Documents Required for Deductions:

  • Before claiming deduction under Section 80P, you need to ensure that you have some documents in place. First of all, you need 
  • The complete list of members in the cooperative society typically includes the name, PAN number (if they are 18 years of age or older), date of birth, and ID proof of each member.
  • You may also be required to present records of any payments made to the members during this period.
  • In addition, depending on the laws of your state, you may also need documentation such as certificate of registration, audited financial statements, profit and loss account (for certain groups).
  • Additionally, you will also need to provide copies of all receipts and invoices pertaining to income earned by the cooperative society during the financial year.

Key Points under section 80P:

  • Section 80P employs various terms for the purpose of deduction in different scenarios, such as ‘profits and gains of business attributable to such activities’, ‘profits and gains of such business’, ‘profits and gains attributable to such activities’, ‘income derived’, etc. Analyzing these terms in depth requires consideration of various commentaries on income tax and case laws.
  • The meanings of various other terms such as ‘cottage industry’, ‘marketing’, ‘members’, ‘industry’, ‘investment’, etc., are also analyzed in various decisions.
  • Section 80P profit is not considered to increase the adjusted total income for the Alternative Minimum Tax levy.
  • Several high courts have affirmed that all cooperative societies, except those under the control of RBI, qualify for a deduction. A cooperative society engaged in banking activities, not licensed as a cooperative bank by the Reserve Bank of India, is eligible to claim deductions under Section 80P.

Conclusion:

Section 80P of the Income Tax Act provides a substantial benefit to cooperatives involved in diverse activities. By granting tax deductions, this provision incentivizes cooperatives to operate with greater efficiency and effectiveness. The section has been instrumental in fostering the growth of the cooperative sector in India, evident in the success of numerous cooperative societies nationwide. Cooperatives should leverage this provision to minimize their tax burden and contribute to the development of their communities.

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