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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

DCIT - CC- 6(4), Mumbai vs. Shri. Narendra Gehlaut, Mumbai

In the result, the appeal of the revenue stands dismissed

ITA 1429/MUM/2022[2013-14]Status: DisposedITAT Mumbai23 Sept 2022AY 2013-14

Bench: Shri Pramod Kumar, Vp & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1429/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2013-14) Dcit, Central Circle-6(4) बिधम/ Shri Narendra Gehlaut Room No. 1925, 19Th Floor, 875, Sector-17B, Vs. Air India Building, Nariman Gurugram, Haryana- Point, Mumbai-400021. 122001. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aazpg9630K (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri K. Gopal Revenue By: Shri Mahesh Akhade (Dr) सुनवाई की तारीख / Date Of Hearing: 06/09/2022 घोषणा की तारीख /Date Of Pronouncement: 23/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Revenue Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-54, Mumbai Dated 21.10.2021 For The Assessment Year 2013-14. 2. The Grounds Of Appeal Preferred By The Revenue Are As Under: - “(1) Whether, On The Facts & In The Circumstances Of The Case & In Law, The Learned Cit(A) Has Erred In Holding That The Additions / Disallowances Made In The Assessment Order Is Not Sustainable As They Are Without Reference To Any Incriminating Material Found During The Search, Without Appreciating That The Department Has Filed An Slp Against The Decision Of The Hon'Ble High Court Of Bombay In The Case Of Continental Warehousing Corporation (Nhava Sheva) Limited Reported In 374 Itr 645 (Bom), Which Has Been Admitted & Directed To Be Listed By The Hon'Ble Supreme Court Of India, Vide Order Dated 12.10.2015 Reported In [2015] 64 Taxmann.Com 34 (Sc) ?”

For Appellant: Shri K. GopalFor Respondent: Shri Mahesh Akhade (DR)
Section 132Section 143(3)Section 153CSection 68

house property As per assessee’s computation 25,20,000 III Income from other sources As per assessee’s computation 1,74,974 Gross Total Income 2,20,36,364 Additions made in the original assessment order u/s 143(3) dated 29.03.2016 as discussed in para 3 to 3.2 Addition

Poonam Property Chs Ltd, Mumbai vs. CPC/ITO, 22(2)(1), Mumbai

In the result, appeal filed by the assessee is allowed with a direction to A

ITA 552/MUM/2022[2015-16]Status: DisposedITAT Mumbai19 Sept 2022AY 2015-16

Bench: Shri Kuldip Singh & Shri Gagan Goyalpoonam Property Chs Ltd. B-2, Poonam Properties Chs Ltd. Dr. Annie Besant Road, Worli, Mumbai-400018 Pan: Aaaap2735Q ...... Appellant Vs. Cpc/Ito-22(2)(1), 3Rd Floor, Piramal Chambers, Lalbaug, Mumbai-400020. ..... Respondent Appellant By : Sh. N.R. Agarwal Respondent By : Sh. Ashish Kumar, Sr. Dr Date Of Hearing : 07/07/2022 Date Of Pronouncement : 19/09/2022 Order Per Gagan Goyal, A.M: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), Mumbai [Hereinafter Referred To As (‘Cit(A)] Dated 05.11.20218 For The Assessment Year (Ay) 2015-16. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Ld. Cit(A) Erred In Confirming The Addition Of Rs. 20,85,481/- For Which Deduction Was Claimed U/S. 80P(2)(D) For Interest Earned From Co-Op. Bank.”

For Appellant: Sh. N.R. AgarwalFor Respondent: Sh. Ashish Kumar, Sr. DR
Section 10ASection 139Section 139(4)Section 142Section 143(1)(a)Section 154Section 80PSection 80P(2)(d)Section 89

belated return. The due date of filing of return in this case was 07-09-2015. Assessee declare gross total income of Rs 27,10,261/- out of this assessee claimed deduction under chapter VIA sec 80P amounting to Rs. 20,85,481/-. CPC Banglore while processing the return

M/S Bosch Limited, Bangalore vs. Assistant Commissioner of Income Tax Ltu Circle-1, Bangalore

In the result, appeal of the assessee is partly allowed

ITA 1629/BANG/2018[2013-14]Status: DisposedITAT Bangalore13 Sept 2022AY 2013-14

Bench: Shri N.V. Vasudevan & Ms. Padmavathy Sassessment Year : 2013-14 Bosch Limited, Vs. The Assistant Commissioner Hosur Road, Adugodi, Of Income Tax, Ltu, Bangalore – 560 030. Circle 1, Pan: Aaacm 9840P Bangalore. Appellant Respondent Appellant By : Shri Percy Pardiwala, Advocate Respondent By : Shri V S Chakrapani, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 01.09.2022 Date Of Pronouncement : 13.09.2022 O R D E R Per Padmavathy S.2. This Appeal Is Against The Order Of The Cit(Appeals), Bangalore-9, Bangalore Dated 31.3.2018 For The Assessment Year 2013- 14. 3. The Assessee Raised Grounds Pertaining To The Following Issues:- Deduction U/S. 35(2Ab) Computed On Net Expenditure As Opposed To Gross Expenditure Disallowance Of Provision For Bad & Doubtful Debts I) Disallowance Of Provision For Long Term Service Award Disallowance Of Expenditure U/S. 14A Of The Act Ii) Page 2 Of 67

For Appellant: Shri Percy Pardiwala, AdvocateFor Respondent: Shri V S Chakrapani, CIT(DR)(ITAT), Bengaluru
Section 14ASection 35Section 37Section 43BSection 80J

Assessee to claim benefit of deduction u/s.80JJAA of the Act are:- 1. The Assessee should be an Indian Company and the gross total income of the Assessee should include profits and gains derived from Page 42 of 67 any industrial undertaking engaged in the manufacture or production of article