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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

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

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

ITA 6382/MUM/2024[2020-21]Status: DisposedITAT Mumbai18 Feb 2025AY 2020-21

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

M/S Middle Income Group III Co Op Hsg Society Limited, Mumbai vs. Income Tax Officer, Ward 23(2)(3), Mumbai

In the result, the orders of the lower authorities are reversed and the learned AO is directed to grant deduction to the assessee on interest income earned from cooperative banks u/s 80 P (2) (d) o...

ITA 6363/MUM/2024[2017-18]Status: DisposedITAT Mumbai18 Feb 2025AY 2017-18

Bench: Hon’Ble Shri Sandeep Gosain

Section 143(3)Section 2Section 2(19)Section 250Section 80Section 80P(2)(c)Section 80P(2)(d)Section 8P(2)(d)

operative Banks. Yearwise details of returned income and deduction claimed are as under: Sr. No Particulars A.Y 2017-18 A.Y 2018-19 1 Gross Total Income 27,93,069 38,63,839 2 Deduction U/s 8P(2)(d) 26,88,195 38,63,839 3 Total Income ... Bench we submit as under: - i. According to the provisions of section 80 P in case of a cooperative society the gross total income if it includes the income referred to in is subsection (2) then same shall be granted as a deduction subject to the conditions

M/S Middle Income Group III Co Op Hsg Society Limited, Mumbai vs. Income Tax Officer, Ward 23(2)(3), Mumbai

In the result, the orders of the lower authorities are reversed and the learned AO is directed to grant deduction to the assessee on interest income earned from cooperative banks u/s 80 P (2) (d) o...

ITA 6362/MUM/2024[2018-19]Status: DisposedITAT Mumbai18 Feb 2025AY 2018-19

Bench: Hon’Ble Shri Sandeep Gosain

Section 143(3)Section 2Section 2(19)Section 250Section 80Section 80P(2)(c)Section 80P(2)(d)Section 8P(2)(d)

operative Banks. Yearwise details of returned income and deduction claimed are as under: Sr. No Particulars A.Y 2017-18 A.Y 2018-19 1 Gross Total Income 27,93,069 38,63,839 2 Deduction U/s 8P(2)(d) 26,88,195 38,63,839 3 Total Income ... Bench we submit as under: - i. According to the provisions of section 80 P in case of a cooperative society the gross total income if it includes the income referred to in is subsection (2) then same shall be granted as a deduction subject to the conditions

DCIT, Mum vs. Shelter Developers, Mum

In the result, cross objection filed by the assessee is

ITA 3753/MUM/2023[2016-17]Status: DisposedITAT Mumbai18 Feb 2025AY 2016-17
Section 143(3)

expenses claimed by the assessee are of bogus / non-genuine and accordingly, he added sum of Rs.24,50,78,837/- and computed the gross total income in the following manner:- Business Income 6,62,56,724 Add : Inflated expenses on account of Boundary Wall 6,55,78,837 Add: Compensation ... paid 14,95,00,000 Add: Provision for cost /expenses/damages 3,00,00,000 24,50,78,837 Gross Total Income 31,13,35,561 9. The ld. CIT (A) after considering various observations and finding of the ld. AO and considering the assessee's submissions dealt each and every

Suvino Televideo, Mumbai vs. ITO Ward 25(1)(3), Mumbai

In the result, appeal filed by the assessee is allowed in the above terms

ITA 2099/MUM/2023[2013-14]Status: DisposedITAT Mumbai18 Feb 2025AY 2013-14

Bench: Ms. Padmavathy S. & Shri. Raj Kumar Chauhan

Section 142(1)Section 143(1)Section 143(2)Section 250Section 32(2)Section 72Section 72(1)Section 72(2)

Profession (As per computation of income) Income from capital gain (short term capital gain as per computation of income) 1,14,59,699 Gross total income 1,14,59,699 Deduction under Chapter VIA NIL Total Income 1,18,93,027 Total Income (Rounded

Mhatre Palace Chsl, Borivali West vs. National E-Assessment Centre, Delhi, Mumbai

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

ITA 6394/MUM/2024[2023-24]Status: DisposedITAT Mumbai17 Feb 2025AY 2023-24

Bench: Hon’Ble Shri Sandeep Gosainvs. Ito – 42(1)(3) Mhatre Palace Chsl Kautilya Bhavan, Bkc 106 Mhatre Palace Chs Ltd Bandra E – 400 051. Ic Colony, Link Road, Borivali (W), Mumbai 400 013 Pan/Gir No. Aaaam9414D (Applicant) (Respondent)

Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 144BSection 250Section 80PSection 80P(2)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. At this stage, it is pertinent to note that since the assessee

Bajaj Holdings & Investment Ltd ( Formerly Bajaj Auto Ltd), Mumbai vs. ACIT Ltu, Mumbai

ITA 5299/MUM/2010[2006-07]Status: DisposedITAT Mumbai17 Feb 2025AY 2006-07
Section 143(3)

placing reliance upon the provisions contained in Section 80I(5) of the Act which read as under: “Section 80-IA. (1) Where the gross total income of an assessee includes any profits and gains derived by an undertaking or an enterprise from any business referred to in sub-section ... High Court held as under: “17. From a reading of sub-section (1), it is clear that it provides that where the gross total income of an assessee includes any profits and gains derived by an undertaking or an enterprise from any business referred to in sub-section

Bajaj Holdings & Investments Ltd ( Formerly Known As Bajaj Auto Ltd), Mumbai vs. Addl CIT RG 3(1), Mumbai

The appeals are partly allowed

ITA 6838/MUM/2008[2004-2005]Status: DisposedITAT Mumbai17 Feb 2025AY 2004-2005

Bench: SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

For Appellant: Ms. Vasanti PatelFor Respondent: Shri Ankush Kapoor
Section 143(3)

placing reliance upon the provisions contained in Section 80I(5) of the Act which read as under: “Section 80-IA. (1) Where the gross total income of an assessee includes any profits and gains derived by an undertaking or an enterprise from any business referred to in sub-section ... High Court held as under: “17. From a reading of sub-section (1), it is clear that it provides that where the gross total income of an assessee includes any profits and gains derived by an undertaking or an enterprise from any business referred to in sub-section

ACIT Non Corporate Circle 8(1)-Ltu-2, Chennai vs. M/S. Ashok Leyland Limited, Chennai

In the result, the appeal of the assessee is partly allowed and the appeal of the Revenue stands dismissed

ITA 561/CHNY/2023[2018-19]Status: DisposedITAT Chennai14 Feb 2025AY 2018-19

Bench: Shri Aby T. Varkey & Shri Jagadish

Section 35Section 35(1)(iv)

manufacturing of article or thing and the profit therefrom is eligible for deduction u/s.80IC if that profit is part and parcel of the gross total income. As noted hereinabove, profit is the difference between the purchase price and the cost of production along with the cost of bringing the product

M/S. Ashok Leyland Limited, Chennai vs. ACIT Non Corporate Circle 8(1)-Ltu-2, Chennai

In the result, the appeal of the assessee is partly allowed and the appeal of the Revenue stands dismissed

ITA 554/CHNY/2023[2018-19]Status: DisposedITAT Chennai14 Feb 2025AY 2018-19

Bench: Shri Aby T. Varkey & Shri Jagadish

Section 35Section 35(1)(iv)

manufacturing of article or thing and the profit therefrom is eligible for deduction u/s.80IC if that profit is part and parcel of the gross total income. As noted hereinabove, profit is the difference between the purchase price and the cost of production along with the cost of bringing the product

The Suvarna Nagar Co Operative Housing Society Ltd, Mumbai vs. ITO, Ward, 34(3), Mumbai

In the result, the appeal by the assessee is allowed

ITA 11/MUM/2025[2019-20]Status: DisposedITAT Mumbai14 Feb 2025AY 2019-20

Bench: Shri Sandeep Singh Karhailshri Girish Agrawalassessment Year : 2019-20

For Appellant: Ms. Parvathy Ganesh, CAFor Respondent: Shri Pravin Salunkhe, Sr. DR
Section 143(1)Section 250Section 80PSection 80P(2)(c)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

Income Tax Officer, Ward- 3(1), Gangtok, Sikkim vs. Nirmala Sharma, Soreng, West Sikkim

In the result, both the appeals filed by the assessee as well as the Revenue are allowed for statistical purposes

ITA 2298/KOL/2024[2018-19]Status: DisposedITAT Kolkata13 Feb 2025AY 2018-19

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

Section 10Section 147Section 250Section 69

pointed out that to make a claim under sec.10. appellant ought to have filed return of income within the due date as gross total Income exceeds the non-taxable maximum limit before making the claim of exemption under Sec. 10 of the Act. The appellant did not file the return

Nirmala Sharma, Gangtok vs. I.T.O., Ward - 3(1), Gangtok

In the result, both the appeals filed by the assessee as well as the Revenue are allowed for statistical purposes

ITA 2227/KOL/2024[2018-2019]Status: DisposedITAT Kolkata13 Feb 2025AY 2018-2019

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

Section 10Section 147Section 250Section 69

pointed out that to make a claim under sec.10. appellant ought to have filed return of income within the due date as gross total Income exceeds the non-taxable maximum limit before making the claim of exemption under Sec. 10 of the Act. The appellant did not file the return

The Jyoti Co-Operative Non Agricultural Thrift & Credit Society Ltd., Sirmour vs. ITO, Ward, Nahan

In the result, the assessee is not eligible for deduction on interest on deposits placed with scheduled commercial banks under section 80(P)(2)(a)(i) of the Act and the appeal of the assessee is di...

ITA 162/CHANDI/2023[2013-14]Status: DisposedITAT Chandigarh12 Feb 2025AY 2013-14

Bench: SHRI. VIKRAM SINGH YADAV, AM आयकर अपील सं . / ITA No.160, 161 & 162/ Chd/2023 निर्धारण वर्ष / Assessment Year : 2017-18, 2012-13 & 2013-14 The Jyoti Co-operative Non Agricultural Thrift & Credit Society Ltd. Sirmour, Solan, HP-173025 स्थायी लेखा सं. / PAN NO: AAABT1453G अपीलार्थी/Appellant बनाम The ITO H.P Ward-Nahan, Sirmour प्रत्यर्थी/Respondent निर्धारिती की ओर से/Assessee by : Shri Vishal Mohan, Sr. Advocate with Shri Parveen Sharma, Advocate राजस्व की ओर से / Revenue by : Dr. Ranjeet K

For Appellant: Shri Vishal Mohan, Sr. Advocate with Shri Parveen Sharma, AdvocateFor Respondent: Dr. Ranjeet Kaur, Sr. DR
Section 142(1)Section 80Section 80P(2)Section 80P(2)(a)

course of assessment proceedings observed that the assessee has claimed deduction under section 80P(2)(a)(i) from gross total income which include interest earned on FDRs with scheduled banks amounting to Rs. 30,42,784/- and the claim of deduction u/s 80(P)(2)(a)(i) was rejected ... which read as under: "80P. (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, the sums specified

The Jyoti Co-Operative Non Agricultural Thrift & Credit Society Ltd., Sirmour vs. ITO, Ward, Nahan

In the result, the assessee is not eligible for deduction on interest on deposits placed with scheduled commercial banks under section 80(P)(2)(a)(i) of the Act and the appeal of the assessee is di...

ITA 161/CHANDI/2023[2012-13]Status: DisposedITAT Chandigarh12 Feb 2025AY 2012-13

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Vishal Mohan, Sr. Advocate with Shri Parveen Sharma, AdvocateFor Respondent: Dr. Ranjeet Kaur, Sr. DR
Section 142(1)Section 80Section 80P(2)Section 80P(2)(a)

course of assessment proceedings observed that the assessee has claimed deduction under section 80P(2)(a)(i) from gross total income which include interest earned on FDRs with scheduled banks amounting to Rs. 30,42,784/- and the claim of deduction u/s 80(P)(2)(a)(i) was rejected ... which read as under: "80P. (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, the sums specified

The Jyoti Co-Operative Non Agricultural Thrift & Credit Society Ltd., Sirmour vs. ITO, Ward, Nahan

In the result, the assessee is not eligible for deduction on interest on deposits placed with scheduled commercial banks under section 80(P)(2)(a)(i) of the Act and the appeal of the assessee is di...

ITA 160/CHANDI/2023[2017-18]Status: DisposedITAT Chandigarh12 Feb 2025AY 2017-18
For Appellant: Shri Vishal Mohan, Sr. Advocate with Shri Parveen Sharma, AdvocateFor Respondent: Dr. Ranjeet Kaur, Sr. DR
Section 142(1)Section 80Section 80P(2)Section 80P(2)(a)

course of assessment proceedings observed that the assessee has claimed deduction under section 80P(2)(a)(i) from gross total income which include interest earned on FDRs with scheduled banks amounting to Rs. 30,42,784/- and the claim of deduction u/s 80(P)(2)(a)(i) was rejected ... which read as under: "80P. (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, the sums specified

M/S. Ashok Leyland Ltd., Chennai vs. DCIT, Ncc-8(1), Ltu-II, Chennai

In the result, the appeal of the as In the result, the appeal of the assessee is partly allowed

ITA 2377/CHNY/2024[2017-18]Status: DisposedITAT Chennai12 Feb 2025AY 2017-18

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

For Appellant: Mr.R. VijayaraghavanFor Respondent: Mr.Nathala Ravi Babu, CIT
Section 14ASection 35

profits are derived from the industrial unde derived from the industrial undertaking and includible in the gross total rtaking and includible in the gross total income of the assessee and the question relatable to the profit on the income of the assessee and the question relatable to the profit ... industrial undertaking cannot to conclude that the interest earned by the industrial undertaking cannot at all be eligible to be included in the gross total income for claiming at all be eligible to be included in the gross total income for claiming at all be eligible to be included

The Bardez Urban Co-Op Credit Society Ltd, Mapusa vs. The Income Tax Officer, Ward 2(4), Panaji, Goa

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

ITA 74/PAN/2024[AY 2016-17]Status: DisposedITAT Panaji11 Feb 2025

Bench: Shri Pavan Kumar Gadale & Shri G D Padmahshalii T A. Nos. 74/Pan/2024 (A.Y. 2016-17 ) The Bardezurban Co- Vs Ito-Ward-2(4), Panaji.-403001, Operative Credit Society . Goa. Limited, Shop.No.19 20 . Cosmos Centre Mapusa, Bardez-403507, Goa. Pan .No. Aaaat6217F (अपीलाथ"/Appellant) (""यथ"/Respondent) Assessee By Shri.S.J.Kamat.Ar Revenue By Shri.Narendra Reddy.Sr.Dr सुनवाई क" तार"ख/Date Of Hearing 06.02.2025 घोषणा क" तार"ख/Date Of Pronouncement 11.02.2025 Order Per Pavan Kumar Gadale, Jm: The Appeal Is Filed By The Assesse Against The Order Of National Faceless Appeal Centre (Nfac) Delhi / Cit(A) Passed U/Sec 143(3) & U/Sec 250 Of The Act. 2. At The Time Of Hearing, The Ld.Ar Of The Assessee Submitted That There Is A Delay In Filing The Appeal Before The Hon’Ble Tribunal & The Assesse Has Filed The Affidavit For Condonation Of Delay. Whereas, The Facts Mentioned In The Affidavit Are Reasonable & The Ld. Dr Has No 2 Ita. No. 74/Pan/2024 The Bardez Urban Co-Operative Credit Society Limited.. Specific Objections. Accordingly, We Condone The Delay & Admit The Appeal. The Assessee Has Raised The Grounds Of Appeal Challenging The Order Of The Cit(A) Sustaining The Denial Of Claim Of Deduction Under Section 80P(2)(D) Of The Act.

Section 143(1)Section 80PSection 80P(2)(d)

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 ... extent of interest income included in the 11 ITA. No. 74/PAN/2024 The Bardez Urban Co-Operative Credit Society Limited.. gross total income and such deduction under this chapter VIA should be restricted to the gross total income. And we allow the grounds of appeal in favour of the asssessee

Dhanlaxmi Credit Co. Op. Society Ltd., Mehsana vs. The ITO, Ward-2, Patan

In the result, Ground Number 3 of the appeal of the assessee is allowed

ITA 1870/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad11 Feb 2025AY 2017-18

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

For Appellant: Shri M. K. Patel, A.RFor Respondent: Shri V K Mangla, Sr. DR
Section 263Section 80PSection 80P(2)(c)Section 80P(2)(d)

Asst.Year –2017-18 - 6– (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

ACIT., Exemptions Circle-1(1), Hyderabad vs. Pharmaceuticals Export Promotion Council of India, Hyderabad

In the result, the appeal of Revenue is allowed

ITA 1199/HYD/2024[2016-17]Status: DisposedITAT Hyderabad11 Feb 2025AY 2016-17

Bench: Shri Laliet Kumar, Hon’Ble & Shri G. Manjunatha, Hon’Bleassessment Year: 2016-17 The Assistant Commissioner Vs. Pharmaceuticals Export Of Income Tax, Promotion Council Of India, Exemptions, Circle – 1(1), Hyderabad. Hyderabad. Pan : Aadcp4643C (Appellant) (Respondent) Assessee By: Shri Rv. Chalam, C.A. Revenue By: Shri B. Balakrishna, Cit-Dr Date Of Hearing: 10.02.2025 Date Of Pronouncement: 11.02.2025

For Appellant: Shri RV. Chalam, C.AFor Respondent: Shri B. Balakrishna, CIT-DR
Section 11Section 11(1)(a)Section 12(1)Section 12ASection 143(2)Section 143(3)Section 144

submitted that, the disallowance of Rs. 10,15,818/- sustained by CIT(A), will result in addition of the amount twice to the gross total income of the assessee, once through foreign contribution received reimbursed amount is already included in the total income and in a second time by disallowance