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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

Aniruddha Kundu, Kolkata vs. I.T.O., Ward - 62(1), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 1498/KOL/2024[2017-2018]Status: DisposedITAT Kolkata25 Nov 2024AY 2017-2018

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.1498/Kol/2024 Assessment Year: 2017-18 Aniruddha Kundu…..………………........………………....Appellant 604, 99 Spruce Place, Sw, Calgary, Calgary, Alberta, Canada, T3C3X7. [Pan: Aphpk9684E] Vs. Ito, Ward-1(3), Midnapore….…….…............................…..…..... Respondent Appearances By: Shri S.P Datta, Ar, Appeared On Behalf Of The Assessee. Shri Roma Chaudhury, Jcit, Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : November 25, 2024 Date Of Pronouncing The Order : November 25, 2024 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 12.06.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Brief Facts Of The Case Are That The Assessee Is An Individual & Earning Income Abroad During The Relevant Period. The Assessing Officer Obtained Information That Gross Total Income Of The Assessee During The Assessment Year Amounting To Rs.59,49,229/- Was Comprised Of Proceed From Epf Maturity Of Rs.2,56,041/-, Lic Maturity Of Rs.26,92,564/-, Interest Income Of Rs.39/-, Payment Made To Non- Residents Of Rs.331/-. The Assessee Also Made Investment Of Rs.14,00,000/- & Rs.16,00,000/- Into Two Bank Term Deposits Claimed To Be A Genuine Source Of The Income. A Notice U/S 148 Of The Act Issued To The Assessee Followed By Notice U/S 142(1) Of The Act.

Section 142(1)Section 144Section 148Section 250

case are that the assessee is an individual and earning income abroad during the relevant period. The Assessing Officer obtained information that gross total income of the assessee during the assessment year amounting to Rs.59,49,229/- was comprised of proceed from EPF maturity of Rs.2,56,041/-, LIC maturity

S T Co-Operative Credit Society, Pune vs. ITO, Ward 5(1), Pune

In the result, appeal of the assessee is allowed

ITA 2136/PUN/2024[2020-21]Status: DisposedITAT Pune18 Nov 2024AY 2020-21

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2136/Pun/2024 िनधा"रण वष" / Assessment Year: 2020-21 S T Co-Operative Credit V The Income Tax Officer, Society, S Ward-5(1), Pune. Swargate S T Depo, Veer Savarkar Nagar, Swargate Bus Stand, Pune – 411037. Pan: Aabas6856L Appellant/ Assessee Respondent / Revenue Assessee By Shri Kishor B Phadke – Ar Revenue By Shri Prakash L Pathade – Dr Date Of Hearing 13/11/2024 Date Of Pronouncement 18/11/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Under Section 250 Of The Income Tax Act, 1961 Dated 09.08.2024 For A.Y.2020-21. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Learned Cit(A) Erred In Dismissing The Appeal Of The Appellant By Refusing To Condone The Delay Of 108 Days In Filing The Appeal Without Appreciating That The Said Delay Was Due To Reasonable Cause As Explained In The Application For Condonation Of Delay Filed Before Cit(A) & Therefore, The Said Delay Ought To Have Been Condoned In The Interest Of Justice & The Appeal Should Have Been Adjudicated On Merits. 2. The Learned Cit(A) Ought To Have Appreciated That The Deduction U/S 80P Was Allowable In Respect Of Interest Earned From Deposits Made By Cooperative Banks As Consistently Held By Honorable

Section 250Section 80PSection 80P(2)(a)Section 80P(4)

engaged in the business of accepting deposits from members and lending loans to its members. Assessee had filed Return of Income 3 showing Gross Total Income of Rs.80,17,177/- and total income at Rs.Nil; claiming deduction u/sec.80P(2)(a) of the Act. The Assessing Officer has observed that assessee

Mayur Balasaheb Shinde, Pune vs. ITO Ward 2(1), Pune

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

ITA 1504/PUN/2024[2017-18]Status: DisposedITAT Pune18 Nov 2024AY 2017-18

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1504/Pun/2024 िनधा"रण वष" / Assessment Year: 2017-18 Mayur Balasaheb Shinde, V The Income Tax Officer, 1, Anil Apartment, Baner S Ward-2(1), Pune. Residency, Baner Road, Near Sakal Nagar, Aunch, Ganeshkind, Pune – 411007. Pan: Drbps7371R Appellant/ Assessee Respondent / Revenue Assessee By Shri Sarang Gudhate – Ar Revenue By Shri Prakash L Pathade – Dr Date Of Hearing 13/11/2024 Date Of Pronouncement 18/11/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Under Section 250 Of The Income Tax Act, 1961 Dated 31.10.2023 For A.Y.2017-18. The Assessee Has Raised The Following Grounds Of Appeal : “1. Under The Facts & Circumstances Of The Case & In Law, Ld Assessing Officer Is Erred In Considering The Cash Deposited Of Rs.10,46,000/- As Unexplained Money U/S 69A R.W.S 115Bbe. 2. Under The Facts & Circumstances Of The Case & In Law, Ld Assessing Officer Is Erred In Treating Agricultural Income Of Rs.13,63,625/- As Income From Other Sources. 3. Under The Facts & Circumstances Of The Case & In Law, The Ld. Assessing Officer Is Erred In Making An Addition On Account Of Cash Deposited Whereas Same Is Already Considered In Net Profit & In Gross Total Income. This Addition Is Resulting As A Double Taxation. 4. The Appellant Craves The Permission To Add, Amend, Modify, Revise, Substitute, Delete Or Alter Any/All Of The Above Grounds Of Appeal If Deemed Necessary At The Time Of Hearing Of The Appeal.” Submission Of Ld.Authorised Representative(Ld.Ar) : 2. Ld.Ar Submitted That There Was Delay In Filing Appeal Before The Itat. Ld.Ar Filed Copy Of Affidavit Of The Assessee Which Explains The Reasons For Delay.

Section 250Section 69A

Assessing officer is erred in making an addition on account of cash deposited whereas same is already considered in Net profit and in gross total income. This addition is resulting as a double taxation. 4. The appellant craves the permission to add, amend, modify, revise, substitute, delete or alter any/all