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“gross total income”

Chapter VI - Deductions / Set-offSection 80B(5)Section 80B(5) / Rule 3D2,282 judgments

The decision most relied on for gross total income is CIT v. Andhra Pradesh State (200 Taxmann 220), cited in 348 judgments on BharatTax.

Leading authorities on gross total income

CIT v. Andhra Pradesh State
200 Taxmann 220 · 2011 · High Court
348
citing judgments

Interest earned by a Co-operative Society from investing fixed deposits in banks is entitled to a deduction under Section 80P(2)(a)(i) of the Income-tax Act.

CIT v. Yokogawa India Ltd.
391 ITR 274 · 2017 · Supreme Court
290
citing judgments

Deduction under Section 10A or 10AA of the Income-tax Act is computed on the profits of the eligible unit without first setting off losses from other units or non-eligible units. Conversely, losses incurred by an eligible unit are allowed to be set off against the assessee's other taxable business profits.

ACG Associated Capsules (P) Ltd. v. CIT
343 ITR 89 · 2012 · Supreme Court
144
citing judgments

For calculation of deduction under Section 80HHC, if total interest is netted off after adjusting interest paid and received, the 90% reduction specified in Explanation (baa) is not applicable.

Synco Industries Ltd. v. Assessing Officer (IT) & Another
299 ITR 444 · 2008 · Supreme Court
82
citing judgments

When computing deductions under Chapter VI-A, such as Section 80IA, losses from other business undertakings must be set off against the profits of the eligible undertaking before calculating the deduction. No deduction under Section 80IA is permissible if the overall 'Profits & Gains of Business or Profession' results in a loss.

CIT v. Himatasingike Seide Ltd.
286 ITR 255 · 2006 · High Court
73
citing judgments

Deduction under Section 10A of the Income-tax Act is to be allowed only after setting off unabsorbed depreciation and brought forward business losses against the profits of the business.

CIT v. Williamson Financial Services
165 Taxmann 638 · 2007 · Supreme Court
67
citing judgments

Income-tax is levied on the total income of an assessee, not on gross receipts. The tax is on income, and deductions for expenditure are permissible.

CIT v. Reliance Energy Limited
127 Taxmann.com 69 · 2021 · Supreme Court
47
citing judgments

Deduction under Section 80-IA or 80-IB is computed by setting it off against the gross total income to arrive at the total income of an assessee.

CIT v. Tridoss Laboratories Ltd.
328 ITR 448 · 2010 · High Court
35
citing judgments

Deductions under Chapter VI-A of the Income Tax Act, such as Section 80-IA, are to be calculated and allowed with reference to the assessee's gross total income, not just business income.

Judgments citing gross total income

Basant Vihar Co-Operative Housing Society Limited, Mumbai vs. ITO 27(1)(2), Mumbai

In the result, the appeal of the assessee is allowed

ITA 2539/MUM/2022[2014-15]Status: DisposedITAT Mumbai05 Dec 2022AY 2014-15

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.2539/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2014-15) Basant Vihar Cooperative बिधम/ Ito-27(1)(2) 4Th Floor, Tower No. 6, Housing Society Ltd Vs. Vasant Vihar Complex A Vashi Railway Station Building, Ground Floor, Dr. Commercial Complex, C. G. Road Chembur, Vashi, Navi Mumbai- Mumbai-400074. 400703. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaajb0835E (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Venugopal C. Nair Revenue By: Smt. Nayana K. Kumar सुनवाई की तारीख / Date Of Hearing: 28/11/2022 घोषणा की तारीख /Date Of Pronouncement: 05/12/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Co-Operative Society Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 29.07.2022 For The Assessment Year 2014-15. 2. The Grounds Of Appeal Of The Assessee Reads As Under: -

For Appellant: Shri Venugopal C. NairFor Respondent: Smt. Nayana K. Kumar
Section 143(3)Section 80P(2)(d)

income of Co-operative Society. “80P(2)(d) (1). Where in the case of an assessee being a co-operative society, the gross total income includes any income referred to in sub-section (2), there shall be deducted, in accordance with and subject to the provisions of this section

Don Bosco'S Madonna Co-Operative Housing Society Limited, Mumbai vs. Commissioner of Income Tax (Exemption), Mumbai

In the result, the appeal of the assessee is allowed

ITA 2516/MUM/2022[2020-2021]Status: DisposedITAT Mumbai05 Dec 2022AY 2020-2021

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.2516/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2020-21) Don Bosco’S Madonna Co- बिधम/ Cit(E), Mumbai Operative Housing Society Adit, Cpc, Bengaluru, Vs. Ltd Karnataka-560100. Plot No. 167, Flat No. 5, Nathalal Parekh Marg, Wadala, Mumbai-400031. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaaad2496C (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Ms. Komal Bhoir Revenue By: Smt. Nayana K. Kumar सुनवाई की तारीख / Date Of Hearing: 28/11/2022 घोषणा की तारीख /Date Of Pronouncement: 05/12/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Co-Operative Society Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 17.06.2022 For The Assessment Year 2020-21 Wherein The Assessee Has Raised The Grounds Of Appeal Against The Disallowance Of Deduction Claimed U/S 80P Of The Income Tax Act, 1961 (Hereafter “The Act”) On The Interest Income Derived By The Assessee To The Tune Of Rs.2,63,560/- From Saraswat Co-Operative Bank Ltd & Greater Bombay Co-Operative Bank Ltd.

For Appellant: Ms. Komal BhoirFor Respondent: Smt. Nayana K. Kumar
Section 2(19)Section 80PSection 80P(2)(d)

income of Co-operative Society. “80P(2)(d) (1). Where in the case of an assessee being a co-operative society, the gross total income includes any income referred to in sub-section (2), there shall be deducted, in accordance with and subject to the provisions of this section

Uti Employees Sai Samrudhi Co-Op Housing Society Ltd, Mumbai vs. Centralized Processing Unit Income Tax Dept. Bangalore, Bangalore

In the result, the appeal of the assessee is allowed

ITA 2477/MUM/2022[2019-2020]Status: DisposedITAT Mumbai05 Dec 2022AY 2019-2020

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.2477/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2019-20) Uti Employees Sai बिधम/ Centralized Processing Samrudhi Co-Op Housing Unit Income Tax Vs. Society Ltd. Department Bangalore- C/O Uti Amc Ltd. 560500. Uti Tower, Gn Block, Bkc Bandra East, Mumbai- 400051. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aagts8239K (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Sachin Lopis Revenue By: Smt. Nayana K. Kumar सुनवाई की तारीख / Date Of Hearing: 28/11/2022 घोषणा की तारीख /Date Of Pronouncement: 05/12/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Appellant/Assessee Uti Employees Sai Samrudhi Co-Operative Housing Society Ltd. Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 25.07.2022 For The Assessment Year 2019-20. 2. Assessee Is A Co-Operative Housing Society, Registered Under The Maharashtra Co-Op Society Act 1960. The Society Was Formed By Employees & Nominees Of Unit Trust Of India (Government Entity). The Grounds Of Appeal Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Action Of Ao Not Allowing The Claim Of The Assessee On The Interest Income U/S 80P(2)(D) Of The Income Tax Act

For Appellant: Shri Sachin LopisFor Respondent: Smt. Nayana K. Kumar
Section 143(1)Section 80P(2)(d)

income of Co-operative Society. “80P(2)(d) (1). Where in the case of an assessee being a co-operative society, the gross total income includes any income referred to in sub-section (2), there shall be deducted, in accordance with and subject to the provisions of this section

M/S. Lupin Investments Pvt. Ltd (As A Sucessor to Novamed Investments Pvt. Ltd), Mumbai vs. Assistant Commisssioner of Income Tax, Circle 14(1) (1), Mumbai

In the result, the appeal filed by the assessee is allowed

ITA 1812/MUM/2022[2016-17]Status: DisposedITAT Mumbai30 Nov 2022AY 2016-17

Bench: Shri Baskaran Br, Accountat Member & Shri Pavan Kumar Gadalem/S. Lupin Investments Vs. Acit, Circle – 14(1)(1) Pvt Ltd (Successor To Mumbai. Novamed Investments Pvt Ltd.,) 159, Cst Road, Kalina, Santacruz (E), Mumbai – 400098. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacl1070G Appellant .. Respondent Appellant By : Shri Rajan Vora & Shri Hemen Chandaria.Ar Respondent By : Shri Manoj Sinha.Dr Date Of Hearing 10.10.2022 Date Of Pronouncement 30.11.2022 आदेश / O R D E R Per Pavan Kumar Gadale, Jm: The Assessee Has Filed The Appeal Against The Order Of National Faceless Appeal Centre (Nfac), Delhi / Cit(A) Passed U/S 250 Of The Act. The Assessee Has Raised Following Grounds Of Appeal:

For Appellant: Shri Rajan Vora &For Respondent: Shri Manoj Sinha.DR
Section 143(1)Section 143(1)(a)Section 154Section 234BSection 234CSection 250Section 35ASection 80G

under normal provisions of Act after claiming deduction u/s 80GGA of the Act donation of Rs.56,50,000/- which was restricted to gross total income comprising of income from other sources. The donation was made by the assessee to Desh Bandhu and Manju Gupta Foundation Trust having approval u/s 35AC ... Notwithstanding anything contained in sub-section (1), no deduction under this section shall be allowed in the case of an assessee whose gross total income includes income which is chargeable under the head " Profits and gains of business or profession ". (4) Where a deduction under this section is claimed