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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, New Delhi vs. M/S. Dlf Assets Pvt. Ltd., New Delhi

In the result, the appeal filed by the revenue is dismissed

ITA 4965/DEL/2016[2012-13]Status: DisposedITAT Delhi25 Jan 2021AY 2012-13

Bench: Sh. N. K. Billaiya & Ms. Suchitra Kambleassessment Year: 2012-13

Section 51Section 80Section 80I

necessary to examine what would be the nature of income earned by the assessee. Sec. 80-IAB provides that where the gross total income of an assessee, being a Developer includes any profits and gains derived by an undertaking or an enterprise from any business of developing a SEZ, there

M/S Thomson Press (India) Ltd vs. Commissioner of Income Tax- II

ITA - 124 / 2003HC Delhi09 Oct 2015
For Appellant: Mr SalilAggarwal, Mr Ravi Pratap Mall andFor Respondent: Mr Rohit Madan, Senior Standing counsel with
Section 10ASection 260ASection 263Section 80H

heading C captioned “deductions in respect of certain incomes”, to the extent to which such incomes are included in the gross total income of an Assessee. He submitted that no such provision exists in respect of exemptions under Chapter III of the Act. 40. We are in agreement with ... supra) is of little assistance to the Assessee. The issue involved in that case was whether, for the purposes of computing the gross total income of the Assessee, the loss of non-eligible undertaking could set off against the income derived from the undertaking to which Section

M/S Thomson Press (India) Ltd vs. Commissioner of Income Tax -II

ITA - 83 / 2003HC Delhi09 Oct 2015
For Appellant: Mr SalilAggarwal, Mr Ravi Pratap Mall andFor Respondent: Mr Rohit Madan, Senior Standing counsel with
Section 10ASection 260ASection 263Section 80H

heading C captioned “deductions in respect of certain incomes”, to the extent to which such incomes are included in the gross total income of an Assessee. He submitted that no such provision exists in respect of exemptions under Chapter III of the Act. 40. We are in agreement with ... supra) is of little assistance to the Assessee. The issue involved in that case was whether, for the purposes of computing the gross total income of the Assessee, the loss of non-eligible undertaking could set off against the income derived from the undertaking to which Section

Commissioner of Income Tax Delhi II vs. Medicare Investments Ltd

ITA - 840 / 2008HC Delhi20 Mar 2015

investment company” was inserted by the Finance (No. 2) Act, 1991. By Section 2(9)(d) it is defined as “a company whose gross total income consists mainly of income which is chargeable under the heads „Income from house property‟, „Capital gains‟ and „Income from other sources‟ or of income

Commissioner of Incoem Tax Del vs. Unipatch Rubber Ltd

Appeal is dismissed

ITA - 38 / 2000HC Delhi05 Jan 2015
Section 260Section 80Section 80HSection 80ISection 80J

reasoned that the deduction under Section 80-I and 80- HH had to be with reference to gross total income independent to one another, relying on the language with reference to Section 80-I. The ITAT apparently endorsed this opinion in the following terms:- “The next grievance is against ... order of the ITAT we dismiss the revenue’s ground.” 5. The relevant provisions are as follows:- “Section 80-HH(1) – Where the gross total income of an assessee includes any profits and gains derived from an industrial undertaking, or the business of a hotel, to which this section applies

Krishak Bharati Cooperative Ltd vs. Deputy Commissioner of Income Tax

The appeals are allowed

ITA - 1248 / 2010HC Delhi24 Jul 2013
For Appellant: Mr S. Ganesh, Sr Advocate with Ms Surekha RamanFor Respondent: Mr Rohit Madan Kumar, Ms Pushpa Sharma
Section 260Section 80

plain reading of Section 80-I(1) of the said Act, it is apparent that the first question is – what is the gross total income of an assessee ? The next question is: does it include any profits or gains derived from an industrial undertaking ? Neither Section

The Commissioner of Income Tax vs. Delhi Press Patra Prakashan Lt

ITA - 480 / 2005HC Delhi31 May 2013
For Appellant: Mr N.P. SahniFor Respondent: Mr O.P. Dua, Sr. Adv. with Ms Babita
Section 143(1)Section 260ASection 80

quoted below:- “80-I - Deduction in respect of profits and gains from industrial undertakings after a certain date, etc.- (1) Where the gross total income of an assessee includes any profits and gains derived from an industrial undertaking or a ship or the business of a hotel or the business

CIT vs. Delhi Press Patra Prakashan Ltd

ITA - 302 / 2002HC Delhi31 May 2013
For Appellant: Mr N.P. SahniFor Respondent: Mr O.P. Dua, Sr. Adv. with Ms Babita
Section 143(1)Section 260ASection 80

quoted below:- “80-I - Deduction in respect of profits and gains from industrial undertakings after a certain date, etc.- (1) Where the gross total income of an assessee includes any profits and gains derived from an industrial undertaking or a ship or the business of a hotel or the business

The Commissioner of Income Tax Central vs. Padmini Technologies Ltd

ITA - 1265 / 2007HC Delhi14 Sept 2011
For Appellant: Ms. Surushi AggarwalFor Respondent: Mr.S.K. Aggarwal
Section 80

denied the 2011:DHC:4704-DB ITA No.1265-2007 Page 12 of 14 deduction to the assessee under Chapter VI-A since the gross total income was nil. The Tribunal as well as the High Court affirmed the view of the Assessing Officer. It is in these circumstances, the Supreme Court ... Supreme Court came to the conclusion that deductions under Chapter VI-A could only be granted if the gross total income of the assessee was positive. It is in this connection that the court noticed the provisions of Section 80B(5) which defines „gross total income‟ as total income computed

M/S Titanor Components Ltd vs. CIT & Anr

ITA - 24 / 1999HC Delhi04 Feb 2011
For Appellant: Mr.C.S. Jain and Mr. G. Tushar Rao, AdvocatesFor Respondent: Ms. Prem Lata Bansal, Advocate
Section 260ASection 80Section 80I

claimed a deduction under the provisions of Section 80IA of the I.T. Act amounting to Rs 2,62,20,996/- against a gross total income of Rs 1,33,49,093/-. 3.1 It is pertinent to note that the assessee avers in the appeal that the claim for deduction under ... furthermore, the overall deduction under Section 80IA of the I.T. Act would be limited to the gross total income under Section 80A(2) of the I.T. Act. 4. The assessing officer was evidently of the view that the deduction under Section 80IA of the I.T. Act was not available

Commissioner of Income Tax Del vs. Eltek Sgs P.Ltd

Appeal stands allowed

ITA - 642 / 2007HC Delhi08 Jul 2010
Section 80Section 80HSection 80I

legal issue decided by the High Court was right or wrong) is correct and deduction has to be allowed taking into account the gross total income. 5. This appeal stands disposed of accordingly. (A.K. SIKRI) JUDGE (REVA KHETRAPAL) JUDGE JULY

The Commissioner of Income Tax III vs. Sono Koyo Steering Systems Ltd. Gurgaon

The appeals are dismissed

ITA - 194 / 2009HC Delhi10 Feb 2010

Bench: Us, Being The Order Dated 28.09.2007 Relating To Assessment Years 1992-93 & 1993-94 Arising Out Of Ita Nos. 2703/Del/2004, 2704/Del/2004 & The Order Dated 06.06.2008 Which Relates To Assessment Years 1994-95, 1995-96 & 2000- 01 In Ita Nos.3877/Del/2005, 3878/Del/2005 & 5480/Del/2003.

For Respondent: Mr R. Santhanam
Section 28Section 80

reads as under:- “80-I. Deduction in respect of profits and gains from industrial undertakings after a certain date, etc. – (1) Where the gross total income of an assessee includes any profits and gains derived from an industrial undertaking or a ship or the business of a hotel ... assessment year up to and including the assessment year for which the determination is to be made.” Section 80-B (5), which defines gross total income, is as follows:- “(5) “gross total income” means the total income computed in accordance with the provisions of this Act, before making any deduction

The Commissioner of Income Tax Delhi vs. Sona Koyo Steering Systems Ltd

The appeals are dismissed

ITA - 788 / 2009HC Delhi10 Feb 2010

Bench: Us, Being The Order Dated 28.09.2007 Relating To Assessment Years 1992-93 & 1993-94 Arising Out Of Ita Nos. 2703/Del/2004, 2704/Del/2004 & The Order Dated 06.06.2008 Which Relates To Assessment Years 1994-95, 1995-96 & 2000- 01 In Ita Nos.3877/Del/2005, 3878/Del/2005 & 5480/Del/2003.

For Respondent: Mr R. Santhanam
Section 28Section 80

reads as under:- “80-I. Deduction in respect of profits and gains from industrial undertakings after a certain date, etc. – (1) Where the gross total income of an assessee includes any profits and gains derived from an industrial undertaking or a ship or the business of a hotel ... assessment year up to and including the assessment year for which the determination is to be made.” Section 80-B (5), which defines gross total income, is as follows:- “(5) “gross total income” means the total income computed in accordance with the provisions of this Act, before making any deduction

The Commissioner of Income Tax vs. Sona Koya Steering Systems Ltd

The appeals are dismissed

ITA - 761 / 2009HC Delhi10 Feb 2010

Bench: Us, Being The Order Dated 28.09.2007 Relating To Assessment Years 1992-93 & 1993-94 Arising Out Of Ita Nos. 2703/Del/2004, 2704/Del/2004 & The Order Dated 06.06.2008 Which Relates To Assessment Years 1994-95, 1995-96 & 2000- 01 In Ita Nos.3877/Del/2005, 3878/Del/2005 & 5480/Del/2003.

For Respondent: Mr R. Santhanam
Section 28Section 80

reads as under:- “80-I. Deduction in respect of profits and gains from industrial undertakings after a certain date, etc. – (1) Where the gross total income of an assessee includes any profits and gains derived from an industrial undertaking or a ship or the business of a hotel ... assessment year up to and including the assessment year for which the determination is to be made.” Section 80-B (5), which defines gross total income, is as follows:- “(5) “gross total income” means the total income computed in accordance with the provisions of this Act, before making any deduction

The Commissioner of Income Tax Delhi vs. Sona Koya Steering Systems Ltd

The appeals are dismissed

ITA - 416 / 2009HC Delhi10 Feb 2010

Bench: Us, Being The Order Dated 28.09.2007 Relating To Assessment Years 1992-93 & 1993-94 Arising Out Of Ita Nos. 2703/Del/2004, 2704/Del/2004 & The Order Dated 06.06.2008 Which Relates To Assessment Years 1994-95, 1995-96 & 2000- 01 In Ita Nos.3877/Del/2005, 3878/Del/2005 & 5480/Del/2003.

For Respondent: Mr R. Santhanam
Section 28Section 80

reads as under:- “80-I. Deduction in respect of profits and gains from industrial undertakings after a certain date, etc. – (1) Where the gross total income of an assessee includes any profits and gains derived from an industrial undertaking or a ship or the business of a hotel ... assessment year up to and including the assessment year for which the determination is to be made.” Section 80-B (5), which defines gross total income, is as follows:- “(5) “gross total income” means the total income computed in accordance with the provisions of this Act, before making any deduction

Commissioner of Income Tax vs. Sono Koyo Steering Systems Ltd. Gurgaon

The appeals are dismissed

ITA - 1279 / 2008HC Delhi10 Feb 2010

Bench: Us, Being The Order Dated 28.09.2007 Relating To Assessment Years 1992-93 & 1993-94 Arising Out Of Ita Nos. 2703/Del/2004, 2704/Del/2004 & The Order Dated 06.06.2008 Which Relates To Assessment Years 1994-95, 1995-96 & 2000- 01 In Ita Nos.3877/Del/2005, 3878/Del/2005 & 5480/Del/2003.

For Respondent: Mr R. Santhanam
Section 28Section 80

reads as under:- “80-I. Deduction in respect of profits and gains from industrial undertakings after a certain date, etc. – (1) Where the gross total income of an assessee includes any profits and gains derived from an industrial undertaking or a ship or the business of a hotel ... assessment year up to and including the assessment year for which the determination is to be made.” Section 80-B (5), which defines gross total income, is as follows:- “(5) “gross total income” means the total income computed in accordance with the provisions of this Act, before making any deduction

Penguin Books India P.Ltd vs. Commissioner of Income Tax

ITA - 27 / 2008HC Delhi03 Dec 2009
Section 143(3)Section 147Section 148Section 80Section 80ASection 80O

aforesaid additions. 6. It is the submission of the Revenue, in the appeal preferred by it, that Section 80AB stipulates that the gross total income is to be computed and thereafter the deduction under Section 80-O is allowable. For calculating the gross total income, all expenses

Yum! Restaurants (Marketing) P.Ltd vs. Commissioner of Income Tax

The appeal is dismissed

ITA - 1433 / 2008HC Delhi01 Apr 2009
For Appellant: Mr C.S. Aggarwal, Sr. Advocate with Mr PrakashFor Respondent: Ms Prem Lata Bansal, Mr Mohan Prasad Gupta &
Section 260A

company; whereupon it was revealed that the assessee-company had an excess income over expenditure amounting to Rs 44,44,002/-. However, the gross total income had been declared as „nil‟. The income and expenditure account as recorded in the order of the Assessing Officer read as follows:- “INCOME Advertising

ITC vs. Natraj Statinary Productiion P Ltd

In the result, the appeal is dismissed

ITA - 1012 / 2007HC Delhi21 Nov 2008
For Appellant: Ms Rashmi ChopraFor Respondent: Mr Anil Sharma
Section 143Section 260ASection 80

till its amendment by the Finance Act, 1993 with effect from 01.04.1994. The same reads as follows :- “80-IA (1) Where the gross total income of an assessee includes any profits and gains derived from any business of an industrial undertaking or a hotel or operation of a ship (such ... reproduced herein below :- 2008:DHC:3085-DB ITA Nos. 1009 & 1012 of 2007 Page 10 of 15 “80-IB (1) Where the gross total income of an assessee includes any profits and gains derived from any business referred to in sub- sections (3) to (11) (such business being hereinafter referred

CIT vs. Natraj Stationery Products P.Ltd

In the result, the appeal is dismissed

ITA - 1009 / 2007HC Delhi21 Nov 2008
For Appellant: Ms Rashmi ChopraFor Respondent: Mr Anil Sharma
Section 143Section 260ASection 80

till its amendment by the Finance Act, 1993 with effect from 01.04.1994. The same reads as follows :- “80-IA (1) Where the gross total income of an assessee includes any profits and gains derived from any business of an industrial undertaking or a hotel or operation of a ship (such ... reproduced herein below :- 2008:DHC:3091-DB ITA Nos. 1009 & 1012 of 2007 Page 10 of 15 “80-IB (1) Where the gross total income of an assessee includes any profits and gains derived from any business referred to in sub- sections (3) to (11) (such business being hereinafter referred