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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

C.E.S.Onyx Private Limited, Chennai vs. ACIT, Chennai

In the result, all the four appeals of the assessee are dismissed

ITA 568/CHNY/2020[2007-08]Status: DisposedITAT Chennai04 Dec 2024AY 2007-08

Bench: Shri Aby T. Varkey & Shri Jagadishआयकर अपील सं./Ita Nos.565, 566, 567 & 568/Chny/2020 निर्धारण वर्ष /Assessment Years: 2004-05, 2005-06, 2006-07, 2007-08 Ces Onyx Pvt. Ltd., 46-B, Iv Floor, Krishnan Complex, South Boag Road, T. Nagar, Chennai - 600 017. [Pan: Aabcc 1396D] (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Appellant By प्रत्यर्थी की ओर से / Respondent By The Asst. Commissioner Of Vs. Income Tax, Company Circle-1(3), Chennai. (प्रत्यर्थी/Respondent) Shri G. Baskar, Shri I. Dinesh & Shri A.Sathaseelan, Advocates Shri P. Krishna Kumar, Jcit सुनवाई की तारीख /Date Of Hearing घोषणा की तारीख / Date Of Pronouncement : 12.09.2024 04.12.2024 Per Jagadish, A.M : आदेश / Order Aforesaid Four Appeals Filed By The Assessee For Assessment Years (Ays) 2004-05 To 2007-08 Arises Out Of The Orders Of Learned Commissioner Of Income Tax, Chennai-1 [Hereinafter “Cit(A)”] Dated 27.03.2009 & Ld. Cit(A)-4, Chennai Dated 30.01.2020.

Section 143(3)Section 801A(4)Section 80ISection 80i

80IA. Deductions in respect of profits and gains from industrial undertakings or enterprises engaged in infrastructure development, etc. 80(IA)(1) Where the gross total income of an assessee includes any profit and gains derived by an undertaking or enterprises from any business referred to in sub section (4) ( such

C.E.S.Onyx Private Limited, Chennai vs. ACIT, Chennai

In the result, all the four appeals of the assessee are dismissed

ITA 567/CHNY/2020[2006-07]Status: DisposedITAT Chennai04 Dec 2024AY 2006-07

Bench: Shri Aby T. Varkey & Shri Jagadishआयकर अपील सं./Ita Nos.565, 566, 567 & 568/Chny/2020 िनधा<रण वष< /Assessment Years: 2004-05, 2005-06, 2006-07, 2007-08 Ces Onyx Pvt. Ltd., The Asst. Commissioner Of 46-B, Iv Floor, Krishnan Complex, Vs. Income Tax, South Boag Road, T. Nagar, Company Circle-1(3), Chennai – 600 017. Chennai. [Pan: Aabcc 1396D]

For Appellant: Shri G. Baskar, Shri I. Dinesh &For Respondent: Shri P. Krishna Kumar, JCIT
Section 143(3)Section 80ISection 80i

80IA. Deductions in respect of profits and gains from industrial undertakings or enterprises engaged in infrastructure development, etc. 80(IA)(1) Where the gross total income of an assessee includes any profit and gains derived by an undertaking or enterprises from any business referred to in sub section (4) ( such

C.E.S.Onyx Private Limited, Chennai vs. ACIT, Chennai

In the result, all the four appeals of the assessee are dismissed

ITA 566/CHNY/2020[2005-06]Status: DisposedITAT Chennai04 Dec 2024AY 2005-06

Bench: Shri Aby T. Varkey & Shri Jagadishआयकर अपील सं./Ita Nos.565, 566, 567 & 568/Chny/2020 िनधा<रण वष< /Assessment Years: 2004-05, 2005-06, 2006-07, 2007-08 Ces Onyx Pvt. Ltd., The Asst. Commissioner Of 46-B, Iv Floor, Krishnan Complex, Vs. Income Tax, South Boag Road, T. Nagar, Company Circle-1(3), Chennai – 600 017. Chennai. [Pan: Aabcc 1396D]

For Appellant: Shri G. Baskar, Shri I. Dinesh &For Respondent: Shri P. Krishna Kumar, JCIT
Section 143(3)Section 80ISection 80i

80IA. Deductions in respect of profits and gains from industrial undertakings or enterprises engaged in infrastructure development, etc. 80(IA)(1) Where the gross total income of an assessee includes any profit and gains derived by an undertaking or enterprises from any business referred to in sub section (4) ( such

C.E.S.Onyx Private Limited, Chennai vs. ACIT, Chennai

In the result, all the four appeals of the assessee are dismissed

ITA 565/CHNY/2020[2004-05]Status: DisposedITAT Chennai04 Dec 2024AY 2004-05

Bench: Shri Aby T. Varkey & Shri Jagadishआयकर अपील सं./Ita Nos.565, 566, 567 & 568/Chny/2020 िनधा<रण वष< /Assessment Years: 2004-05, 2005-06, 2006-07, 2007-08 Ces Onyx Pvt. Ltd., The Asst. Commissioner Of 46-B, Iv Floor, Krishnan Complex, Vs. Income Tax, South Boag Road, T. Nagar, Company Circle-1(3), Chennai – 600 017. Chennai. [Pan: Aabcc 1396D]

For Appellant: Shri G. Baskar, Shri I. Dinesh &For Respondent: Shri P. Krishna Kumar, JCIT
Section 143(3)Section 80ISection 80i

80IA. Deductions in respect of profits and gains from industrial undertakings or enterprises engaged in infrastructure development, etc. 80(IA)(1) Where the gross total income of an assessee includes any profit and gains derived by an undertaking or enterprises from any business referred to in sub section (4) ( such

The Naragund Taluka Prathamika Shiksak Shiksakiyar Co Op Credit S Limited, Nargund vs. Income Tax Officer, Ward-1, Gadag

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

ITA 1288/BANG/2024[2018-19]Status: DisposedITAT Bangalore04 Dec 2024AY 2018-19

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Assessment Year : 2018-19

For Appellant: Shri Siddesh .N. Gaddi, CA
Section 139(1)Section 250Section 63Section 80ASection 80PSection 80P(1)(a)Section 80P(2)(a)Section 80P(2)(i)Section 9

banking or providing credit facilities to its members by a Co-operative Society and is liable to be deducted from the gross total income under Section 80P of the Act. The judgment of the Hon'ble Apex Court in the case of Totgars Co-operative Sale Society Limited supra

JCIT(OSD), CC-1, Noida vs. Jai Kishore Totlani, New Delhi

In the result, the appeal of Department of Revenue i

ITA 1355/DEL/2021[2017-18]Status: DisposedITAT Delhi04 Dec 2024AY 2017-18

Bench: BEFORE, SHRI M. BALAGANESH (Accountant Member), SHRI VIMAL KUMAR (Judicial Member)

Section 127Section 132(1)Section 142(1)Section 143(2)

assessee alone. Assessee and his spouse are regular income tax payer and assessee falls under the highest tax slab gross total income for Asst. Year 2017-18 ( of assessee was Rs.62.74 lacs and of spouse of assessee was Rs.11.65 lacs. The spouse of assessee earned income of Rs.3.60

JCIT(OSD), CC-1, Noida vs. Ram Avtar Ramsisaria, Kolkata

In the result, the appeal of Department of Revenue i

ITA 1354/DEL/2021[2017-18]Status: DisposedITAT Delhi04 Dec 2024AY 2017-18

Bench: BEFORE, SHRI M. BALAGANESH (Accountant Member), SHRI VIMAL KUMAR (Judicial Member)

Section 127Section 132(1)Section 142(1)Section 143(2)

assessee alone. Assessee and his spouse are regular income tax payer and assessee falls under the highest tax slab gross total income for Asst. Year 2017-18 ( of assessee was Rs.62.74 lacs and of spouse of assessee was Rs.11.65 lacs. The spouse of assessee earned income of Rs.3.60

JCIT, (OSD) Central Circle-1, Noida vs. Puspahas Agrawal, Noida

In the result, the appeal of Department of Revenue i

ITA 1353/DEL/2021[2017-18]Status: DisposedITAT Delhi04 Dec 2024AY 2017-18
Section 127Section 132(1)Section 142(1)Section 143(2)

assessee alone. Assessee and his spouse are regular income tax payer and assessee falls under the highest tax slab gross total income for Asst. Year 2017-18 ( of assessee was Rs.62.74 lacs and of spouse of assessee was Rs.11.65 lacs. The spouse of assessee earned income of Rs.3.60

DCIT, CC-1, Noida vs. Amit Modi, Delhi

In the result, the appeal of Department of Revenue i

ITA 1352/DEL/2021[2017-18]Status: DisposedITAT Delhi04 Dec 2024AY 2017-18
Section 127Section 132(1)Section 142(1)Section 143(2)

assessee alone. Assessee and his spouse are regular income tax payer and assessee falls under the highest tax slab gross total income for Asst. Year 2017-18 ( of assessee was Rs.62.74 lacs and of spouse of assessee was Rs.11.65 lacs. The spouse of assessee earned income of Rs.3.60

Amit Modi, Delhi vs. DCIT, CC-1, Noida

In the result, the appeal of Department of Revenue i

ITA 1176/DEL/2021[2017-18]Status: DisposedITAT Delhi04 Dec 2024AY 2017-18

Bench: BEFORE, SHRI M. BALAGANESH (Accountant Member), SHRI VIMAL KUMAR (Judicial Member)

Section 127Section 132(1)Section 142(1)Section 143(2)

assessee alone. Assessee and his spouse are regular income tax payer and assessee falls under the highest tax slab gross total income for Asst. Year 2017-18 ( of assessee was Rs.62.74 lacs and of spouse of assessee was Rs.11.65 lacs. The spouse of assessee earned income of Rs.3.60

Jai Kishore Totlani, Delhi vs. DCIT, CC-1, Noida

In the result, the appeal of Department of Revenue i

ITA 1175/DEL/2021[2017-18]Status: DisposedITAT Delhi04 Dec 2024AY 2017-18

Bench: BEFORE, SHRI M. BALAGANESH (Accountant Member), SHRI VIMAL KUMAR (Judicial Member)

Section 127Section 132(1)Section 142(1)Section 143(2)

assessee alone. Assessee and his spouse are regular income tax payer and assessee falls under the highest tax slab gross total income for Asst. Year 2017-18 ( of assessee was Rs.62.74 lacs and of spouse of assessee was Rs.11.65 lacs. The spouse of assessee earned income of Rs.3.60

Puspahas Agrawal, Noida vs. DCIT, Central Circle, Ghaziabad

In the result, the appeal of Department of Revenue i

ITA 1170/DEL/2021[2017-18]Status: DisposedITAT Delhi04 Dec 2024AY 2017-18
Section 127Section 132(1)Section 142(1)Section 143(2)

assessee alone. Assessee and his spouse are regular income tax payer and assessee falls under the highest tax slab gross total income for Asst. Year 2017-18 ( of assessee was Rs.62.74 lacs and of spouse of assessee was Rs.11.65 lacs. The spouse of assessee earned income of Rs.3.60

Income Tax Officer -22(2)(1), Mumbai, Parel vs. M.T.N.L. Mumbai Employees Co-Operative Credit Society Ltd., Mumbai

The appeal of the assessee is allowed

ITA 5127/MUM/2024[2017]Status: DisposedITAT Mumbai02 Dec 2024

Bench: Shri Saktijit Dey & Ms Padmavathy S, Am

For Appellant: Shri R.R. Makwana, Sr. DR
Section 143(3)Section 5Section 80PSection 80P(2)(d)

operative society by way of invest for dividend from its investments with other co-op society if such income is included in the gross total income of the such co-op society. In view of these facts and circumstances we are of the considered view that the assessee is entitled ... society by way of interest or dividend from its investments [Q\ "with other co-op society if such income is included in the gross total income of the such Co-op society. In view these facts and circumstances we are of the considered view that the assessee is entitled

Income Tax Officer -22(2)(1), Mumbai, Parel vs. M.T.N.L. Mumbai Employees Co-Operative Credit Society Ltd., Mumbai

The appeal of the assessee is allowed

ITA 5125/MUM/2024[2018-19]Status: DisposedITAT Mumbai02 Dec 2024AY 2018-19

Bench: Shri Saktijit Dey & Ms Padmavathy S, Am

For Appellant: Shri R.R. Makwana, Sr. DR
Section 143(3)Section 5Section 80PSection 80P(2)(d)

operative society by way of invest for dividend from its investments with other co-op society if such income is included in the gross total income of the such co-op society. In view of these facts and circumstances we are of the considered view that the assessee is entitled ... society by way of interest or dividend from its investments [Q\ "with other co-op society if such income is included in the gross total income of the such Co-op society. In view these facts and circumstances we are of the considered view that the assessee is entitled

Income Tax Officer -22(2)(1), Mumbai, Parel vs. M.T.N.L. Mumbai Employees Co-Operative Credit Society Ltd., Mumbai

The appeal of the assessee is allowed

ITA 5122/MUM/2024[2020-21]Status: DisposedITAT Mumbai02 Dec 2024AY 2020-21

Bench: Shri Saktijit Dey & Ms Padmavathy S, Am

For Appellant: Shri R.R. Makwana, Sr. DR
Section 143(3)Section 5Section 80PSection 80P(2)(d)

operative society by way of invest for dividend from its investments with other co-op society if such income is included in the gross total income of the such co-op society. In view of these facts and circumstances we are of the considered view that the assessee is entitled ... society by way of interest or dividend from its investments [Q\ "with other co-op society if such income is included in the gross total income of the such Co-op society. In view these facts and circumstances we are of the considered view that the assessee is entitled

A Kheni Developer Private Limited, Mumbai vs. Income Tax Officer, 12(1)(1), Mumbai

ITA 1878/MUM/2024[2013-2014]Status: DisposedITAT Mumbai02 Dec 2024AY 2013-2014

Bench: Shri Amarjit Singhshri Sandeep Singh Karhail

For Appellant: Shri V.P. KothariFor Respondent: Shri Ram Krishna Kedia, Sr.DR
Section 132Section 132(4)Section 133(6)Section 142(1)Section 143(2)Section 143(3)Section 250Section 68

financials of Euro Diam submitted that Euro Diam has reported a total turnover of ₹ 153 crore during the year, however, the gross total income was declared only at ₹2,85,053. The learned DR further submitted that Euro Diam has huge sundry creditors and sundry creditors, i.e. ₹ 71.55 crore

DCIT, Gandhinagar Circle, Gandhinagar vs. The Sardar Pael Cooperative Credit Society Limited, Gandhinagar

In the result, the appeal filed by the Revenue is hereby dismissed

ITA 1122/AHD/2023[2020-21]Status: DisposedITAT Ahmedabad29 Nov 2024AY 2020-21

Bench: The Final Hearing Of The Appeal.

Section 143(3)Section 19Section 56Section 57Section 80PSection 80P(2)(a)Section 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

Avtec Ltd., New Delhi vs. DCIT (Ltu), Circle-1, New Delhi

In the result, the appeal of the assessee is allowed

ITA 7366/DEL/2019[2016-17]Status: DisposedITAT Delhi29 Nov 2024AY 2016-17

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

For Appellant: Shri Salil Kapoor, Sr. AdvFor Respondent: Shri Vipul Kashypa, Sr. DR
Section 10ASection 115JSection 234BSection 80I

whether the loss of eligible unit of MEPZ u/s 10AA can be set off against profits of the taxable units while computing the gross total income. The CIT(A) held that the loss of the MEPZ unit be set off against the income of the other units of the assessee

Avtec Ltd., New Delhi vs. ACIT (Ltu), Circle-1, New Delhi

In the result, the appeal of the assessee is allowed

ITA 1008/DEL/2019[2012-13]Status: DisposedITAT Delhi29 Nov 2024AY 2012-13

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

For Appellant: Shri Salil Kapoor, Sr. AdvFor Respondent: Shri Vipul Kashypa, Sr. DR
Section 10ASection 115JSection 234BSection 80I

whether the loss of eligible unit of MEPZ u/s 10AA can be set off against profits of the taxable units while computing the gross total income. The CIT(A) held that the loss of the MEPZ unit be set off against the income of the other units of the assessee

Avtec Ltd., New Delhi vs. DCIT (Ltu), Circle-1, New Delhi

In the result, the appeal of the assessee is allowed

ITA 8081/DEL/2018[2013-14]Status: DisposedITAT Delhi29 Nov 2024AY 2013-14

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

For Appellant: Shri Salil Kapoor, Sr. AdvFor Respondent: Shri Vipul Kashypa, Sr. DR
Section 10ASection 115JSection 234BSection 80I

whether the loss of eligible unit of MEPZ u/s 10AA can be set off against profits of the taxable units while computing the gross total income. The CIT(A) held that the loss of the MEPZ unit be set off against the income of the other units of the assessee