“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

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

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

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

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

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

Sanjay Sahu, Bhopal vs. The Th4E ITO 2(1), Byhopal

ITA 172/IND/2023[2010-11]Status: DisposedITAT Indore21 Feb 2025AY 2010-11

Bench: Shri Siddhartha Nautiyal & Shri B.M. Biyaniassessment Year:2010-11 Sanjay Sahu, Ito 2(1), H.No.98-A Sector, Bhopal बनाम/ Kasturba Nagar, Vs. Bhopal (Assessee/Appellant) (Revenue/Respondent) Pan: Apyps1707D Assessee By Shri Shashank Sharma, Ar Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 12.02.2025 Date Of Pronouncement 21.02.2025

Section 143(3)Section 253(5)Section 68Section 69Section 80C

appeal and proceed with hearing. 3. The background facts leading to present appeal are such that the assessee-individual filed return declaring a Gross Total Income of Rs. 2,97,706/-, Deduction of Rs. 45,271/- under Chapter VI-A and Total Income of Rs. 2,52,440/-. The case

Kamanayakanpatti Paccs, Tuticorin vs. ITO, Ward-1, Tuticorin

In the result, appeal filed by the assessee is dismissed

ITA 3209/CHNY/2024[2022-23]Status: DisposedITAT Chennai21 Feb 2025AY 2022-23

Bench: Shri George George K, Hon’Ble & Shri S.R. Raghunatha, Hon’Bleआयकर अपील सं./Ita No.: 3209/Chny/2024 िनधा"रण वष" / Assessment Year: 2022-23 Kamanaya Kanpatti Primary The Income Tax Officer, Agriculture Credit Coop Society, V. Ward -1, 1/213, Pasuvanthanai Main Road, Tuticorin. Kamanayakanpatti, Tuticorin – 628 501. [Pan: Aaaae-4372-Q] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Mr. Abhishek Murali, Ca : Ms. Gauthami Manivasagam, Jcit ""यथ" क" ओर से/Respondent By सुनवाई क" तारीख/Date Of Hearing : 19.02.2025 घोषणा क" तारीख/Date Of Pronouncement : 21.02.2025

For Appellant: Mr. Abhishek Murali, CA

Section 139(1)Section 143(1)Section 80ASection 80P

primary agriculture credit cooperative society has filed its return of income for the assessment year 2022-23 on 25.03.2023 by declaring a gross total income of Rs.2,79,300/- and claimed deduction u/s. 80P of the Act to the tune of Rs.2,79,300/- by declaring a nill total income

Shri Shi vs. Ai Sahakari Patsanstha Limited, Mumbaivs.Income Tax Officer Ward 31(3)(4), Mumbai

Appeal of the assessee is partly allowed

ITA 4428/MUM/2024[2014-15]Status: DisposedITAT Mumbai21 Feb 2025AY 2014-15

Bench: Shri Amit Shukla, Jm & Ms Padmavathy S, Am

For Appellant: NoneFor Respondent: Shri Asif Karmali, Sr. DR

Section 2(19)Section 80PSection 80P(1)Section 80P(2)(d)

Housing Society. Thus, if any income as referred to in sub-section (2) to section 80P of the Act is included in the gross total income of the assessee, the same shall be allowed as a deduction. It is pertinent to note that since the assessee is registered under

The Bavla Group Seva Sahakar Mandali Ltd, Bavla, Ahmedabad vs. ITO, Ward 3(2)(5), Ahmedabad, Ambawadi

In the result, the appeal of the assessee is allowed

ITA 2165/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad20 Feb 2025AY 2017-18

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

For Appellant: Shri P D Shah, A.RFor Respondent: Shri Ravindra, Sr. DR

Section 194ASection 194A(3)(v)Section 80PSection 80P(2)(d)

drift" of the provision. (ii) Secondly, for purposes of eligibility for deduction, the assessee must be a "co- operative society". (iii) Thirdly, the gross total income must include income that is referred to in sub- section (2). The Bavla Group Seva Sahakar Mandali Ltd. vs. ITO Asst.Year

Sohamnagar Co-Op Housing Society Vibhag-III, Ahmedabad vs. The ITO, Ward-3(3)(5), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 2147/AHD/2024[2020-21]Status: DisposedITAT Ahmedabad20 Feb 2025AY 2020-21

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

For Appellant: Shri Samir Vora, A.RFor Respondent: Shri Ravindra, Sr. DR

Section 194A(3)(v)Section 250Section 80PSection 80P(2)(d)

drift" of the provision. (ii) Secondly, for purposes of eligibility for deduction, the assessee must be a "co-operative society". (iii) Thirdly, the gross total income must include income that is referred to in sub-section (2). (iv) Fourthly, sub-clause (2)(a)(i) speaks of a co-operative society

The Deesa Merchantile Co.Op.Society Ltd., Deesa vs. The Dy.CIT., Circle Palanpur, Palanpur

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

ITA 108/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad20 Feb 2025AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand Vasant Mahadeokarassessment Year: 2017-18

Section 263Section 80PSection 80P(2)(a)Section 80P(2)(d)

fact that in reality no such claim is made and deduction u/s.80P(2)(a)(i) is claimed only to the extent of Gross Total income which is allowed by AO. Assessment Year: 2017-18 The Deesa Merchantile Co-op. Society Limited vs. DCIT Page 2 of 4 (2) That

Santosh Ashokrao Barhanpurkar, Nashik vs. Income Tax Officer Ward 2(1), Nashik

In the result, the appeal of the assessee is allowed

ITA 2140/PUN/2024[2018-19]Status: DisposedITAT Pune20 Feb 2025AY 2018-19

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2140/Pun/2024 िनधा"रण वष" / Assessment Year : 2018-19 Santosh Ashokrao Vs. Ito, Ward-2(1), Nashik. Barhanpurkar, Flat No.B-8, Deepali Appt., Near Bus Stop Mahatmangar, Nashik- 422007. Pan : Aawpb8671N Appellant Respondent Assessee By : None Revenue By : Shri Basavaraj Hiremath Date Of Hearing : 09.12.2024 Date Of Pronouncement : 20.02.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 23.07.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2018-19. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Learned Commissioner Of Income Tax Is Not Justified In Levying Penalty U/S 270A Of Rs. 1,15,938/- On The Ground That The Assesse Had Under-Reported As A Consequence Of Misreporting Of Income Without Appreciating That The Said Levy Of Penalty Was Not Justified In Law.

For Appellant: NoneFor Respondent: Shri Basavaraj Hiremath

Section 147Section 148Section 270A

notice u/s 148 was issued. The assessee furnished return of income in response to notice u/s 148 of the IT Act, declaring gross total income of Rs.6,91,537/- and taxable income of Rs.5,38,260/- after claiming deductions under Chapter VI-A. The assessment was 3 completed

Elanthoor Service Co Oper Bank Limited, Elanthoor vs. ITO, Ward 2, Thiruvalla

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

ITA 468/COCH/2024[2020-21]Status: DisposedITAT Cochin19 Feb 2025AY 2020-21

Bench: Shri Inturi Rama Rao & Shri Soundararajan K.Assessment Year : 2020-21

For Appellant: Shri T.T. Biju, Advocate

Section 80Section 801Section 80PSection 80P(2)(a)

Assessing Authority is not justified in disallowing the entire amount of deduction claimed aggregating to Rs.129,71,670/- for the fact that the gross total income included interest received from other banks- Rs.164,1O,077/-.The assumption taken in this regard is pretty wrong and the learned Assessing Officer cannot ... appellant is eligible to get deduction. 10. Section 80(P) clearly enables the co-operative society to claim deduction from its gross total income, when their gross total income included any income referred to in sub- section (2) of section 80P. As -per clause (i) (a) of sub- section

Elanthoor Service Co Oper Bank Limited, Elanthoor vs. ITO, Ward 2, Thiruvalla

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

ITA 463/COCH/2024[2016-17]Status: DisposedITAT Cochin19 Feb 2025AY 2016-17

Bench: Shri Inturi Rama Rao & Shri Soundararajan K.Assessment Year : 2016-17

For Appellant: Shri T.T. Biju, Advocate

Section 80Section 80PSection 80P(2)(a)

received from Pathanamthitta District Co-operative Bank. Treating this income as income from other sources and deeming it as not forming part of gross total income,is against the statutory prescriptions. F. Though the Assessing Officer had admitted the appellant's eligibility to get the deduction under Section ... gross total income ought to have been considered for the purpose of 80P and the interest aggregating to Rs.33,93,156/-received cannot be segregated and hence the appellant's taxable income is NIL, legally. G. The Authorities below have utterly failed to compute the correct total income

Bhagwan Singh Gour Running Aashirwad Fuel Point, Village Neemkhedi Post Runaha vs. ITO- 4 (3) Cv R Jaya Kumar, Income Tax Department Office of ITO

In the result, Ground No. 2 of the assessee’s appeal is allowed

ITA 159/IND/2024[2017-2018]Status: DisposedITAT Indore19 Feb 2025AY 2017-2018

Bench: Shri Siddhartha Nautiyal & Shri Bhagirath Mal Biyani

For Appellant: Shri Ankur Singh Gangwar, Rep. of the assesseeFor Respondent: Shri Ashish Porwal, Sr. DR

Section 115Section 115BSection 115bSection 1ISection 69

their Income Tax Return for the financial year 2016 2017 on 30.10.2017 vide Acknowledge No-27054843 1301017 at CIRCLE 3(1), Bhopal showing Gross Total Income Rs. 908806/- 2. Unexplained investments Section 69 of the Act provides that where in the financial year immediately preceding the assessment year the assessee

The Orchard Residency Co-Op Housing Society Limited, Mumbai vs. Ward 27(3)(1), Mumbai

ITA 6009/MUM/2024[2020-21]Status: DisposedITAT Mumbai19 Feb 2025AY 2020-21

Bench: Shri Narender Kumar Choudhry

For Appellant: Shri Bhupendra Shah, Ld. A.RFor Respondent: Shri Kiran Unavekar, Ld. Sr. D.R

Section 143(3)Section 250Section 80(2)(d)Section 80P

Assessee therefore by filing its return of income for the AY under consideration on dated 11.02.2021 and declaring gross total income of Rs.35,28,608/-, has also claimed the deduction of such amount of Rs.28,20,038/- u/s 80(2)(d) of the Act. 4. The Assessing Officer (AO) vide ... Housing Society. Thus, if any income as referred to in sub-section (2) to section 80P of the Act is included in the gross total income of the Assessee, the same shall be allowed as a deduction. It is pertinent to note that since the Assessee is registered under

Rajendra Shyamkant Shivrame, Nashik vs. ITO Ward 2 (1), Nashik

In the result, the appeal filed by the assessee in ITA

ITA 936/PUN/2024[2018-19]Status: DisposedITAT Pune18 Feb 2025AY 2018-19

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

For Appellant: NoneFor Respondent: Shri Basavaraj Hiremath

Section 147Section 148Section 270A

notice u/s 148 was issued. The assessee furnished return of income in response to notice u/s 148 of the IT Act, declaring gross total income of Rs.8,64,740/- after claiming deduction of Rs.1,55,300/- under Chapter VI-A. The assessment was completed

Rajendra Shyamkant Shivrame, Nashik vs. ITO Ward 2(1), Nashik

In the result, the appeal filed by the assessee in ITA

ITA 935/PUN/2024[2017-18]Status: DisposedITAT Pune18 Feb 2025AY 2017-18

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

For Appellant: NoneFor Respondent: Shri Basavaraj Hiremath

Section 147Section 148Section 270A

Santosh Ashokrao Barhanpurkar, Nashik vs. Income Tax Officer Ward 2(1), Nashik

In the result, the appeal filed by the assessee in ITA

ITA 2132/PUN/2024[2017-18]Status: DisposedITAT Pune18 Feb 2025AY 2017-18

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

For Appellant: NoneFor Respondent: Shri Arvind Desai

Section 147Section 148Section 271(1)(c)

notice u/s 148 was issued. The assessee furnished return of income in response to notice u/s 148 of the IT Act, declaring gross total income of Rs.7,18,181/- and taxable income of Rs.5,63,510/- after claiming deductions under Chapter VI-A. The assessment was completed u/s 147 r.w.s

Santosh Ashokrao Barhanpurkar, Nashik vs. Income Tax Officer Ward 2(1), Nashik

In the result, the appeal filed by the assessee in ITA

ITA 2131/PUN/2024[2016-17]Status: DisposedITAT Pune18 Feb 2025AY 2016-17

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.2131 & 2132/Pun/2024 निर्धारण वर्ष / Assessment Years : 2016-17 & 2017-18 Santosh Ashokrao Vs. Ito, Ward-2(1), Nashik. Barhanpurkar, Flat No.B-8, Deepali Appt., Near Bus Stop Mahatmanagar, Nashik- 422007. Pan: Aawpb8671N Appellant Respondent Assessee By : None Revenue By : Shri Arvind Desai Date Of Hearing : 05.12.2024 Date Of Pronouncement : 18.02.2025 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 23.07.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Years 2016-17 & 2017-18 Respectively. Since The Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of The Assessee, We Proceed To Dispose Of The Same By This Common Order. First, We Shall Take Up The Appeal Of The Assessee In Ita No.2131/Pun/2024 For A.Y. 2016-17.

For Appellant: NoneFor Respondent: Shri Arvind Desai

Section 147Section 148Section 271(1)(c)

Deputy Commissioner of Income Tax Circle 12 Pune, Pune vs. Janata Grahak Madhyawarti Sahkari Sangh Maryadit, Pune

In the result, the appeal of the Revenue in ITA No

ITA 1747/PUN/2024[2020-21]Status: DisposedITAT Pune18 Feb 2025AY 2020-21

Bench: Shri R.K. Panda & Ms. Astha Chandra

For Appellant: Shri Kishor B. PhadkeFor Respondent: Shri Amol Khairnar

Section 142(1)Section 147Section 148Section 263Section 80P(2)(d)

reads as under: 80P(1): Where, in the case of an assessee being a cooperative 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, the sums specified in subsection ... drift” of the provision. ii) Secondly, for purposes of eligibility for deduction, the assessee must be a “co-operative society”. iii) Thirdly, the gross total income must include income that is referred to in sub-section (2). iv) Fourthly, sub-clause (2)(a)(i) speaks of a co-operative society

Deputy Commissioner of Income Tax Circle-12 Pune, Pune vs. Janata Grahak Madhyawarti Sahkari Sangh Maryadit, Pune

In the result, the appeal of the Revenue in ITA No

ITA 1746/PUN/2024[2017-18]Status: DisposedITAT Pune18 Feb 2025AY 2017-18

Bench: Shri R.K. Panda & Ms. Astha Chandra

For Appellant: Shri Kishor B. PhadkeFor Respondent: Shri Amol Khairnar

Section 142(1)Section 147Section 148Section 263Section 80P(2)(d)

Deputy Commissioner of Income Tax Circle-12 Pune, Pune vs. Janata Grahak Madhyawarti Sahkari Sangh Maryadit, Pune

In the result, the appeal of the Revenue in ITA No

ITA 1745/PUN/2024[2016-17]Status: DisposedITAT Pune18 Feb 2025AY 2016-17

Bench: Shri R.K. Panda & Ms. Astha Chandra

For Appellant: Shri Kishor B. PhadkeFor Respondent: Shri Amol Khairnar

Section 142(1)Section 147Section 148Section 263Section 80P(2)(d)

Premium Tower Coop Housing Society Ltd, Mumbai vs. ITO, Ward 24(3(3), Mumbai

In the result, appeal of the assessee is allowed

ITA 38/MUM/2025[2017-18]Status: DisposedITAT Mumbai18 Feb 2025AY 2017-18

Bench: SHRI AMIT SHUKLA (Judicial Member), MS. PADMAVATHY S (Accountant Member)

Section 143(3)Section 2Section 80Section 80PSection 80P(2)(d)Section 80P(4)

Premium Tower Co-op Housing Society Ltd. 5. Section 80P provides that in case of assessee being a cooperative society, the gross total income which includes any income referred to sub-section 2 shall be deducted in accordance with subject to provision of this section. Sub-section 2 of section

D.S.K. Madhuban (Wing A&B ) Co -Op Housing Society Ltd, Mumbai vs. ITO 41(1)(1), Mumbai

In the result the appeal filed by the assessee stands partly allowed for statistical purposes

ITA 6383/MUM/2024[2023-24]Status: DisposedITAT Mumbai18 Feb 2025AY 2023-24

Bench: Hon’Ble Shri Sandeep Gosain

Section 143(1)Section 250Section 43BSection 80

BENCH ITA No. 637/Mum/2023; in sub-s. (2) to s. 80P is included in the Asst. yr. 2017-18 Date of Decision gross total income of the assessee, the 26th May, 2023, Source (2023) same shall be allowed as a deduction-It is pertinent to note that since the assessee ... adjudication of the issue before us: "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