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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

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

In the result, the appeal of the assessee is allowed

ITA 4716/DEL/2018[2015-16]Status: DisposedITAT Delhi29 Nov 2024AY 2015-16

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 2893/DEL/2018[2014-15]Status: DisposedITAT Delhi29 Nov 2024AY 2014-15

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), New Delhi

In the result, the appeal of the assessee is allowed

ITA 6332/DEL/2016[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

M/S. Avtec Ltd., New Delhi vs. DCIT (Ltu), New Delhi

In the result, the appeal of the assessee is allowed

ITA 1009/DEL/2015[2011-12]Status: DisposedITAT Delhi29 Nov 2024AY 2011-12

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

Coal Mines Workers Credit Co- Operative Society Ltd., Nagpur vs. ITO Ward 3(4), Nagpur

In the result, appeal filed by the assessee are allowed

ITA 439/NAG/2024[2017-18]Status: DisposedITAT Nagpur28 Nov 2024AY 2017-18

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Ms. Alfia RozieFor Respondent: Shri Abhay Y. Marathe
Section 56Section 80PSection 80P(2)(a)

respectively from the business from its two segments – (i) credit co–operative society and (ii) consumer co–operative society and has shown gross total income of ` 4,29,29,421, claiming deduction under Chapter–VIA (under section 80P of the Act) of ` 4,29,25,301 and it has shown

Durgapur Rayatwari Colliery Kamgar Sahakari Pat Sanstha, Chandrapur vs. ITO Ward-2, Chandrapur

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

ITA 212/NAG/2024[2020-21]Status: DisposedITAT Nagpur28 Nov 2024AY 2020-21

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Ms. Alfiya RozieFor Respondent: Shri Abhay Y. Marathe
Section 143(1)Section 143(2)Section 80PSection 80P(2)(a)Section 80P(2)(c)Section 80P(2)(d)

that while assessing income of an assessee, income under all heads of “income” is compiled and the aggregate income is known as “Gross Total Income‟. Further, from this Gross Total Income, deductions under Chapter VI-A are allowed and resultant amount is “Total Income” on which tax is calculated. Thus ... income under the head business and profession (if the expenditure relates to that business) and shall stand as a part of gross total income. On this income then the deductions under Chapter VI-A will be allowed. In nut shell, the deduction under section 80P of the Act in assessee

Durgapur Rayatwari Colliery Kamgar Sahakari Pat Sanstha, Chandrapur vs. ITO Ward 2, Chandrapur

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

ITA 211/NAG/2024[2018-19]Status: DisposedITAT Nagpur28 Nov 2024AY 2018-19

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Ms. Alfiya RozieFor Respondent: Shri Abhay Y. Marathe
Section 143(1)Section 143(2)Section 80PSection 80P(2)(a)Section 80P(2)(c)Section 80P(2)(d)

that while assessing income of an assessee, income under all heads of “income” is compiled and the aggregate income is known as “Gross Total Income‟. Further, from this Gross Total Income, deductions under Chapter VI-A are allowed and resultant amount is “Total Income” on which tax is calculated. Thus ... income under the head business and profession (if the expenditure relates to that business) and shall stand as a part of gross total income. On this income then the deductions under Chapter VI-A will be allowed. In nut shell, the deduction under section 80P of the Act in assessee

Lingnoor Doodh Utpadak and Puravatha Sah Sanstha Maryadit, Sangli vs. ITO, Ward 1, Sangli

ITA 1875/PUN/2024[2018-19]Status: DisposedITAT Pune27 Nov 2024AY 2018-19

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita Nos.1875/Pun/2024 िनधा"रण वष" / Assessment Year: 2018-19 Lingnoor Doodh Utpadak V The Income Tax Officer & Puravatha Sah Sanstha S Ward – 1, Sangli. Maryadit, Lingnur, Miraj, Sangli – 416401. Pan: Aabal1723F Appellant/ Assessee Respondent / Revenue Assessee By Shri Hari Krishan – Ar Revenue By Shri A.D.Kulkarni – Addl.Cit(Dr) Date Of Hearing 19/11/2024 Date Of Pronouncement 27/11/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] U/Sec.250 Of The Income Tax Act, 1961; Dated 25.07.2024 For The A.Y.2018-19. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Ld.Commissioner Of Income Tax(Appeal) Has Erred In Holding That The Assessee Is Not Eligible For Deduction U/S 80P Of The Income Tax Act In Respect Of The Income Of Rs.29,66,901.00 (Deduction Claimed; Rs.30,66,901.00 (-) Deduction Allowed By The Commissioner Of Income Tax (Appeals) U/S 80P(2)(C) Of The Income Tax Act; Rs.50,000.00)”

Section 142(1)Section 250Section 80PSection 80P(2)(b)Section 80P(2)(c)

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 sub-section (2), there shall be deducted, in accordance with and subject to the provisions of this section

ACIT, Central Circle-2(3), Pune vs. Parshwanath Nagari Sahakari Parsanstha Maryadit, Satara

In the result, the appeal is dismissed

ITA 1314/PUN/2024[2020-21]Status: DisposedITAT Pune27 Nov 2024AY 2020-21

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

For Appellant: Shri B.C. MalakarFor Respondent: Shri Arvind Desai, Addl. CIT-DR
Section 143(1)Section 56Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(4)

assessee was taxable under the head Income from Other Sources under section 56 of the Act and was not deductible from the gross total income under section 80P(2)(a)(i). 4. On the facts and in the circumstances of the case ... Assessing Officer, on perusal of the return of income filed by the assessee for the year under consideration, noted that assessee has offered gross total income of Rs.3,53,40,393/- and has claimed deduction under Chapter-VIA of the same being deduction u/sec.80P

Asstt.Commissioner of Income Tax Circle-5, Nagpur vs. The Nirmal Ujwal Credit Co-Op Society Ltd, Nagpur

In the result, appeal for the A

ITA 391/NAG/2019[2014-15]Status: HeardITAT Nagpur27 Nov 2024AY 2014-15

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Manoj G. MoryaniFor Respondent: Shri Vikash Agrawal
Section 139(1)Section 143(2)Section 143(3)Section 36(1)(viia)Section 80PSection 80P(2)

will increase the Income 4 The Nirmal Ujwal Credit Co–operative Society Ltd. A.Y.2014–15 from business and finally will increase the Gross Total Income of the appellant. 7. However without prejudice to what is stated above I humbly wish to submit that while assessing income of an assessee, income ... under all heads of income is compiled and the aggregate income is known as „Gross Total Income‟. Further from this Gross Total Income deductions under Chapter VI-A are allowed and resultant amount is „Total Taxable Income‟ on which tax is calculated. Thus it may observed that, when an expenditure

Asstt.Commissioner of Income Tax Circle-5, Nagpur vs. The Nirmal Ujwal Credit Co-Op Society Ltd, Nagpur

In the result, appeal filed by the Revenue for the assessment year

ITA 390/NAG/2019[2012-13]Status: HeardITAT Nagpur27 Nov 2024AY 2012-13

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Manoj G. MoryaniFor Respondent: Shri Vikash Agrawal
Section 139(1)Section 143(1)Section 143(2)Section 80PSection 80P(2)

indicates that the said section deal with deduction in respect of income of corporative societies Section 80P(1), inter alia, states that where gross total income of cooperative society includes any income from more than one or more sources, then such income shall be deducted from gross total income ... business of banking or providing credit facilities to its member by a co-operative society and is liable to be deducted from the gross total income under Section 80P of the Act.‖ 3. Shivneri Nagri Sah. Pat Sanstha Maryadit v. ITO [2015 TaxPub(DT) 1125 (Pune-Grib)] 4. Yasho mandir

M/S. Stanadyne India Pvt. Ltd., Tiruvallur vs. ACIT, CC-IV(4), Chenna

ITA 1387/CHNY/2024[2007-08]Status: DisposedITAT Chennai27 Nov 2024AY 2007-08

Bench: Shri Aby T. Varkey & Shri Jagadish

For Appellant: Shri S.P. Chidambaram, AdvocateFor Respondent: Shri P. Krishna Kumar, JCIT
Section 10BSection 143(3)

granted while computing the profits and gains of business or profession of the business itself and not from gross total income. 2.7 The CIT(A) failed to appreciate that the term ‘total income' used in Section 10B of the Act refers only to the total income of the undertaking ... holding that though section 10A of the Act is a provision for deduction, the stage of deduction would be while computing the gross total income of the eligible undertaking under Chapter-IV of the Act not at the stage of computation of total income under Chapter-VI. In view

Assistant Commissioner of Income Tax, Circle-1, Tirunelveli vs. Vvd and Sons Private Limited, Tuticorin

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

ITA 1792/CHNY/2024[2017-18]Status: DisposedITAT Chennai26 Nov 2024AY 2017-18

Bench: Shri George George Kand Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 1792/Chny/2024 निर्धारण वर्ष/Assessment Year: 2017-18 The Assistant Commissioner Of Income Tax, Circle - 1, Tirunelveli. (अपीलार्थी/Appellant) अपीलार्थी की ओर से/Appellant By प्रत्यर्थी की ओर से/Respondent By Vvd & Sons Private Vs. Limited, No.182, Palayamkottai Road, Tuticorin – 628 003. Pan: Aaacv 8438J (प्रत्यर्थी/Respondent) Shri Shiva Srinivas, Addl.Cit Shri S. Sridhar, Advocate सुनवाई की तारीख/Date Of Hearing : 21.11.2024 घोषणा की तारीख/Date Of Pronouncement : 26.11.2024 आदेश /O R Der Per S.R. Raghunatha: This Appeal Filed By The Revenue Is Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals), Chennai 19, Dated 30.04.2024 & Pertains To

Section 4Section 801Section 801ASection 80I

connection with the above, it is pertinent to note the relevant provisions of sub section (1) of sec.801A. "Where the gross total income of an assessee includes any profits and gains derived by an undertaking or an enterprises from any business referred in sub sec.4 (such business being hereinafter referred

Asian Hotels (North) Limited, New Delhi vs. Pr, CIT, Delhi-1, New Delhi

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

ITA 654/DEL/2021[2016-17]Status: DisposedITAT Delhi26 Nov 2024AY 2016-17

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareek, Judicialmember M/S. Asian Hotels (North) Limited, Vs. Pr.Cit, 1A, Hotel Hyatt Regency, Delhi – 1. Bhikaji Cama Place, New Delhi – 110 066. (Pan: Aaaca0125H) (Appellant) (Respondent) Assessee By : Shri Abhishek Jain, Ca Revenue By : Shri Javed Akhtar, Cit Dr Date Of Hearing : 17.09.2024 Date Of Order : 26.11.2024 O R D E R Per S. Rifaur Rahman, Am : 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Principal Commissioner Of Income-Tax, Delhi-1 (Hereinafter Referred To ‘Ld. Pcit’) Dated 31.03.2021 For Assessment Year 2016-17. 2. Brief Facts Of The Case Are, Assessee Filed Its Return Of Income On 29.09.2016 Declaring A Loss Of Rs.32,48,76,393/-. The Case Was Selected For Complete Scrutiny Under Cass. The Assessment Was Completed Under Section 143 (3)

For Appellant: Shri Abhishek Jain, CAFor Respondent: Shri Javed Akhtar, CIT DR
Section 143Section 143(3)Section 41(1)Section 438

time of assessment proceedings. No proper examination was made to identify the veracity of showing large increase in sundry creditors. ii. Gross total income is less than the value of foreign remittance sent : During the assessment proceedings, this issue was raised by the then A.O. However, the aspect of withholding ... considering the above submissions, ld. PCIT observed that large increase in sundry creditors and reduction in business income as compared to preceding year, gross total income is less than the value of foreign remittances, large business loss set off against them other heads of income, large cash payments were made

Dy. Commissioner of Income Tax, Aayakar Bhawan vs. Rockman Industries Limited, Focal Point

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

ITA 84/CHANDI/2024[2020-21]Status: DisposedITAT Chandigarh25 Nov 2024AY 2020-21

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

Section 142(1)Section 143(2)Section 143(3)Section 246ASection 250(6)Section 253Section 263

undertaking as required u/s 80IC. In this particular case, if the “cash discount” is reduced form the cost of purchases, even than the gross total income of the assessee would remain the same. The purchases against which the cash discount has been earned having direct link with the purchases

Asstt. Commissioner of Income Tax, Circle-4, Aayakar Bhawan vs. Rockman Industries Limited

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

ITA 177/CHANDI/2024[2013-14]Status: DisposedITAT Chandigarh25 Nov 2024AY 2013-14

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

Section 142(1)Section 143(2)Section 143(3)Section 246ASection 250(6)Section 253Section 263

undertaking as required u/s 80IC. In this particular case, if the “cash discount” is reduced form the cost of purchases, even than the gross total income of the assessee would remain the same. The purchases against which the cash discount has been earned having direct link with the purchases

Dy. Commissioner of Income Tax, Circle-4, Ludhiana vs. Rockman Industries Ltd

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

ITA 818/CHANDI/2023[2015-16]Status: DisposedITAT Chandigarh25 Nov 2024AY 2015-16

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

Section 142(1)Section 143(2)Section 143(3)Section 246ASection 250(6)Section 253Section 263

undertaking as required u/s 80IC. In this particular case, if the “cash discount” is reduced form the cost of purchases, even than the gross total income of the assessee would remain the same. The purchases against which the cash discount has been earned having direct link with the purchases

Dy. Commissioner of Income Tax, Circle-4, Aayakar Bhawan vs. Rockman Industries Limited

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

ITA 817/CHANDI/2023[2014-15]Status: DisposedITAT Chandigarh25 Nov 2024AY 2014-15

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

Section 142(1)Section 143(2)Section 143(3)Section 246ASection 250(6)Section 253Section 263

undertaking as required u/s 80IC. In this particular case, if the “cash discount” is reduced form the cost of purchases, even than the gross total income of the assessee would remain the same. The purchases against which the cash discount has been earned having direct link with the purchases

Dy. Commissioner of Income Tax, Circle-4, Ludhiana, Aayakar Bhawan vs. Rockman Industries Limited

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

ITA 796/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh25 Nov 2024AY 2018-19

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

Section 142(1)Section 143(2)Section 143(3)Section 246ASection 250(6)Section 253Section 263

undertaking as required u/s 80IC. In this particular case, if the “cash discount” is reduced form the cost of purchases, even than the gross total income of the assessee would remain the same. The purchases against which the cash discount has been earned having direct link with the purchases

Dy. Commissioner of Income Tax, Circle-4, Aayakar Bhawan vs. Rockman Industries Limited

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

ITA 795/CHANDI/2023[2017-18]Status: DisposedITAT Chandigarh25 Nov 2024AY 2017-18

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

Section 142(1)Section 143(2)Section 143(3)Section 246ASection 250(6)Section 253Section 263

undertaking as required u/s 80IC. In this particular case, if the “cash discount” is reduced form the cost of purchases, even than the gross total income of the assessee would remain the same. The purchases against which the cash discount has been earned having direct link with the purchases