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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

Hdfc Bank Limited (As Successor to Housing Development Finance Corporation Ltd), Mumbai vs. DCIT 1(1), Mumbai

ITA 2867/MUM/2012[2006-07]Status: DisposedITAT Mumbai28 Jan 2025AY 2006-07

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

For Appellant: Shri Nitesh Joshi, Advocate and Shri Ninad Patade, CAFor Respondent: Shri Biswanath Das, CIT DR
Section 1

provisions of section 80AB which provides that deductions to be made are with reference to the nature of income included in the gross total income, in accordance with the provisions of the Act. Thus, for computing the amount of net dividend income eligible for deduction u/s.80M, gross dividend

Hdfc Bank Limited (As Successor to Housing Development Finance Corporation Ltd), Mumbai vs. DCIT 1(1), Mumbai

ITA 2866/MUM/2012[2005-06]Status: DisposedITAT Mumbai28 Jan 2025AY 2005-06

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

For Appellant: Shri Nitesh Joshi, Advocate and
Section 1

IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH MUMBAI BEFORE SHRI ANIKESH BANERJEE, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT

Hdfc Bank Limited (As Successor to Housing Development Finance Corporation Ltd), Mumbai vs. Addl CIT RG 1(1), Mumbai

ITA 5442/MUM/2011[2007-08]Status: DisposedITAT Mumbai28 Jan 2025AY 2007-08

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH MUMBAI BEFORE SHRI ANIKESH BANERJEE, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT

Addl CIT RG 1(1), Mumbai vs. Hdfc Ltd, Mumbai

ITA 5707/MUM/2010[2006-07]Status: DisposedITAT Mumbai28 Jan 2025AY 2006-07

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

For Appellant: Shri Nitesh Joshi, Advocat

IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH MUMBAI BEFORE SHRI ANIKESH BANERJEE, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT

Hdfc Bank Limited (As Successor to Housing Development Finance Corporation Ltd), Mumbai vs. Addl CIT RG 1(1), Mumbai

ITA 5033/MUM/2010[2006-07]Status: DisposedITAT Mumbai28 Jan 2025AY 2006-07

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

For Appellant: Shri Nitesh Joshi, Advocate and Shri Ninad Patade, CAFor Respondent: Shri Biswanath Das, CIT DR
Section 1

provisions of section 80AB which provides that deductions to be made are with reference to the nature of income included in the gross total income, in accordance with the provisions of the Act. Thus, for computing the amount of net dividend income eligible for deduction u/s.80M, gross dividend

Hdfc Bank Limited (As Successor to Housing Development Finance Corporation Ltd), Mumbai vs. DCIT RG 1(1), Mumbai

ITA 4314/MUM/2010[2003-04]Status: DisposedITAT Mumbai28 Jan 2025AY 2003-04

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

provisions of section 80AB which provides that deductions to be made are with reference to the nature of income included in the gross total income, in accordance with the provisions of the Act. Thus, for computing the amount of net dividend income eligible for deduction u/s.80M, gross dividend

Hdfc Bank Limited (As Successor to Housing Development Finance Corporation Ltd), Mumbai vs. DCIT RG 1(1), Mumbai

ITA 4313/MUM/2010[2002-03]Status: DisposedITAT Mumbai28 Jan 2025AY 2002-03

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

For Appellant: Shri Nitesh Joshi, Advocate and Shri Ninad Patade, CAFor Respondent: Shri Biswanath Das, CIT DR
Section 1

provisions of section 80AB which provides that deductions to be made are with reference to the nature of income included in the gross total income, in accordance with the provisions of the Act. Thus, for computing the amount of net dividend income eligible for deduction u/s.80M, gross dividend

Addl CIT RG 1(1), Mumbai vs. Hdfc Ltd, Mumbai

ITA 3785/MUM/2009[2004-05]Status: DisposedITAT Mumbai28 Jan 2025AY 2004-05

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

For Appellant: Shri Nitesh Joshi, Advocate and Shri Ninad Patade, CAFor Respondent: Shri Biswanath Das, CIT DR
Section 1

provisions of section 80AB which provides that deductions to be made are with reference to the nature of income included in the gross total income, in accordance with the provisions of the Act. Thus, for computing the amount of net dividend income eligible for deduction u/s.80M, gross dividend

Hdfc Bank Limited (As Successor to Housing Development Finance Corporation Ltd), Mumbai vs. The Addl CIT RG 1(1), Mumbai

ITA 4315/MUM/2007[2002-2003]Status: DisposedITAT Mumbai28 Jan 2025AY 2002-2003

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

For Appellant: Shri Nitesh Joshi, Advocate and

provisions of section 80AB which provides that deductions to be made are with reference to the nature of income included in the gross total income, in accordance with the provisions of the Act. Thus, for computing the amount of net dividend income eligible for deduction u/s.80M, gross dividend

DCIT Cir 1(1), Mumbai vs. M/S Housing Developement Finance Corporation Ltd, Mumbai

In the result, appeals of both, assessee and revenue are decided

ITA 4161/MUM/2007[2002-2003]Status: DisposedITAT Mumbai28 Jan 2025AY 2002-2003

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

For Appellant: Shri Nitesh Joshi, Advocate and
Section 1

provisions of section 80AB which provides that deductions to be made are with reference to the nature of income included in the gross total income, in accordance with the provisions of the Act. Thus, for computing the amount of net dividend income eligible for deduction u/s.80M, gross dividend

Jankalyan Gramin Bigarsheti Sahakari Pathsanstha Maryadit Asond, Ratnagiri vs. Income Tax Officer, Ratnagiri

In the result, appeal of the assessee is allowed

ITA 2721/PUN/2024[AY 2018-19]Status: DisposedITAT Pune27 Jan 2025

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.2721/Pun/2024 िनधा"रण वष" / Assessment Year: 2018-19 Jankalyan Gramin Bigarsheti V The Income Tax Officer, Sahakari Pathsanstha Maryadit, S Ratnagiri. Jankalyan Gramin Coop Soc A/Pasond, Tal-Dapoli, Dapoli, Ratnagiri – 415709. Pan: Aaatj8258P Appellant/ Assessee Respondent / Revenue Assessee By Shri Promod S Shingte – Ar Revenue By Miss. Indira R Adkil – Addl.Cit(Dr) Date Of Hearing 27/01/2025 Date Of Pronouncement 27/01/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tas(Appeals)[Nfac], Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2018-19; Dated 30.09.2024. The Assessee Has Raised The Following Grounds Of Appeal : “1. On The Facts & Circumstances Of The Case & In Law The Cit(A), Nfac Erred In Confirming The Action Of The Ao Of Denying Deduction Under Section 80P In Respect Interest Earned By The

Section 250Section 80PSection 80P(2)Section 80P(2)(a)

Assessee is a Cooperative credit Society duly registered under Maharashtra Cooperative Societies Act, 1960. Assessee filed Return of Income electronically on 01.10.2018 declaring gross total income of Rs.36,12,307/- and claimed deduction under section 80P(2) of the Act of Rs.36,12,307/-. Assessee’s case was selected

Pani Purvatha Karmachari Sahakari Pat Sanstha Maryadit Kolhapur, Kolhapur vs. Income Tax Officer, Kolhapur

In the result, appeal of the assessee is allowed

ITA 2663/PUN/2024[AY 2018-19]Status: DisposedITAT Pune27 Jan 2025

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2663/Pun/2024 िनधा"रण वष" / Assessment Year: 2018-19 Pani Purvatha Karmachari V The Income Tax Officer, Sahakari Pat Sanstha Maryadit S Kolhapur. Kolhapur, 431-E Tej Apartment, Basant – Bahar Road, Shahupuri, Kolhapur – 416001. Pan: Aaaap1588M Appellant/ Assessee Respondent / Revenue Assessee By None. Revenue By Shri Harshit Dilip Bari – Addl.Cit(Dr) Date Of Hearing 23/01/2025 Date Of Pronouncement 27/01/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Passed U/Sec.250 Of The Income Tax Act, 1961, For The A.Y.2018-19 Dated 21.11.2024. The Assessee Has Raised The Following Grounds Of Appeal :

Section 139(1)Section 250Section 80PSection 80P(2)(a)Section 80P(2)(d)

nearby nagarpalikas and pradhikarans etc. The assessee has filed its return of income electronically for the year under consideration on 27.07.2018 showing gross total income at Rs.45,51,852/- thereby declaring NIL taxable income. 4.1 The Assessing Officer in the assessment order noted that assessee has earned income of Rs.8

Shree Sarvodaya Sahakari Mandali Ltd., Vadodara vs. NFAC, Delhi Present Jurisdiction the Dy.CIT, Circle-2(1)(1), Vadodara

In the result, both the appeals of the assessee are allowed

ITA 1349/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad24 Jan 2025AY 2017-18

Bench: Dr.Brr Kumar & Shri Siddhartha Nautiyal

For Appellant: Shri Viranch Modi, A.RFor Respondent: Ms. Ketaki Desai, Sr. DR
Section 143(3)Section 147Section 80Section 80PSection 80P(2)(d)

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

Shree Sarvodaya Sahakari Mandali Ltd., Vadodara vs. NFAC, Delhi Present Jurisdiction the Dy. CIT, Cicle-2(1)(1), Vadodara

In the result, both the appeals of the assessee are allowed

ITA 1348/AHD/2024[2016-17]Status: DisposedITAT Ahmedabad24 Jan 2025AY 2016-17

Bench: Dr.Brr Kumar & Shri Siddhartha Nautiyal

For Appellant: Shri Viranch Modi, A.RFor Respondent: Ms. Ketaki Desai, Sr. DR
Section 143(3)Section 147Section 80Section 80PSection 80P(2)(d)

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

Deputy Commissioner of Income Tax, Raipur vs. Grand Motors, Raipur

ITA 544/RPR/2024[2017-18]Status: DisposedITAT Raipur23 Jan 2025AY 2017-18

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am Dy. Commissioner Of Income Tax-1(1), Grand Motors, Aayakar Bhawan, Civil Lines, Lodhi Para Chowk, Pandri, Raipur Raipur, 492001, Chhattisgarh Chhattisgarh, 492001 Pan: Aagfg8524P

For Appellant: Shri Vinod Kumar Khatri, CAFor Respondent: Shri S. L. Anuragi, CIT- DR
Section 139(1)Section 143(1)Section 246A(1)(a)Section 250Section 40Section 43B

firm engaged in the business of Automative products, had filed its return of income for the AY 2017-18 on 05.03.2018, declaring gross total income at Rs. NIL. Subsequently, the Assessing Officer, CPC has processed the return of assessee and issued an intimation u/s 143(1) on 24.03.2019, making therein

Sanghi Industries Limited, Hyderabad vs. DCIT, Circle -3 (1), Hyderabad

In the result, the appeal of the assessee is dismissed

ITA 104/HYD/2022[2017-18]Status: DisposedITAT Hyderabad23 Jan 2025AY 2017-18

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

For Appellant: Shri Vartik Choksi, ARFor Respondent: Ms. K. Haritha, CIT-DR
Section 143(3)Section 80ISection 92CSection 92E

completeness of the matter, we proceed to decide this question as well. 31. For the AY 2016-17, the assessee had disclosed Gross Total Income of Rs.20,68,23,313/- before setting-off of brought forward business losses. After setting off the losses brought forward from the earlier years ... Gross Total Income in terms of Section 80A of the Act was NIL. Accordingly, the assessee could not have claimed any deduction under Part-C of Chapter VI-A of the Act, because as per the provisions of Section 80A(2), the deduction permissible under Chapter VI-A cannot exceed

M/S Metropolitan Premises Co-Op Society Ltd, Mumbai vs. Incomet Tax Officer, Ward 23(2)(1), Mumbai

In the result, the appeal of the assessee is allowed for In the result, the appeal of the assessee is allowed for In the result, the appeal of the assessee is allowed for statistical purposes

ITA 5298/MUM/2024[2021-22]Status: DisposedITAT Mumbai23 Jan 2025AY 2021-22

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2021-22 M/S. The Metropolitan Premises Co- Ito, Ward 23(2)(1), Op. Society Ltd., Piramal Chamber, Vs. C-26/27, Block-E, The Metropolitan Mumbai-400012. Prem. Co. Op. Bandra Kurla Complex, Bandra (East), Mumbai-400051. Pan No. Aaaat 8898 E Appellant Respondent

For Appellant: Ms. Rupal ShahFor Respondent: Ms. Kanupriya Damor, Sr. DR
Section 80P(2)(d)

noted that no income was offered under Serial Nos. 14(iii) and 14(iv) of the profit and loss account, while the gross total income of of the profit and loss account, while the gross total income of of the profit and loss account, while the gross total income ... gross total Based on its analysis, the CPC concluded that the gross total Based on its analysis, the CPC concluded that the gross total income did not include interest or dividend income and, therefore, income did not include interest or dividend income and, therefore, income did not include interest

M/S. Larsen & Tourbro Ltd., Mumbai vs. Dy Commissioner of Income Tax, Central Circle-2(2) & 5(4), Mumbai

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

ITA 1010/MUM/2022[2004-05]Status: DisposedITAT Mumbai23 Jan 2025AY 2004-05

Bench: Shri B.R. Baskaran & Shri Anikesh Banerjeeassessment Year : 2004-05 M/S. Larsen & Toubro Ltd., Deputy Commissioner Of L&T House, Income Tax, N.M. Marg, Vs. Central Circle-5(4), Ballard Estate, Fort, [Erstwhile Income Tax Officer-2(2), Mumbai] Mumbai 19Th Floor, Air India Building, Pan : Aaacl0140P Nariman Point, Mumbai (Appellant) (Respondent)

For Appellant: Shri J.D. Mistry &For Respondent: Dr. K.R. Subhash, CIT-DR
Section 143(3)Section 147Section 148Section 80Section 80HSection 80I

80IA(9) of the Act is that the deduction claimed under various sections of Chapter VIA in aggregate should not exceed the gross total income and not that the profits eligible for deduction u/s 80IA is required to be reduced while computing deduction under other sections of Chapter VIA. Since

Income Tax Officer, Chennai vs. Shri Shirdi Saibaba Spiritual and Charitable Trust, Chennai

In the result, the appeal stand dismissed

ITA 1777/CHNY/2024[2013-14]Status: DisposedITAT Chennai22 Jan 2025AY 2013-14

Bench: Hon’Ble Shri George George K, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1777/Chny/2024 (िनधा"रण वष" / Assessment Year: 2013-14) Ito (Exemptions) Shri Shirdi Saibaba Spiritual & बनाम/ Charitable Trust Ward-3, Chennai. # 17, 2Nd Floor, Sai Business Point, Mount Vs. Road, Saidapet, Chennai-600 015. "थायीलेखासं./जीआइआरसं./Pan/Tan No. Aaats-3448-J (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Vinod D. Mudaliar (Jcit) -Ld. Dr ""थ"कीओरसे/Respondent By : Shri Debendra Narayan Kar (Advocate) – Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 13-01-2025 घोषणाकीतारीख /Date Of Pronouncement : 22-01-2025 आदेश / O R D E R

For Appellant: Shri Vinod D. Mudaliar (JCIT) -Ld. DRFor Respondent: Shri Debendra Narayan Kar (Advocate)
Section 11Section 12ASection 143(3)Section 2(15)Section 80G(5)(vi)

years. Having heard rival submissions and upon perusal of case records, our adjudication would be as under. Assessment Proceedings 3.1 The assessee earned gross total income of Rs.620.30 Lacs and it filed return of income claiming exemption u/s 11 / 12 of the Act. The assessee is a registered public charitable

Sai Ankur Co-Operative Housing Society Ltd, Mumbai vs. Income Tax Office- Ward 41(3)(4), Mumbai

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

ITA 5989/MUM/2024[2021-22]Status: DisposedITAT Mumbai22 Jan 2025AY 2021-22

Bench: Shri Narender Kumar Choudhryassessment Year: 2021-22

For Appellant: Shri Abhishek Choksy, Ld. A.RFor Respondent: Shri Gotimukul Santosh Kumar, Sr. D.R
Section 143(1)Section 2(19)Section 250Section 70Section 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