“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

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

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

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

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

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

Inox India Limited, Vadodara vs. The DCIT, Circle-1 Now Circle 1(1)(1), Vadodara

In the result, the appeal of the assessee is partly allowed for assessment year 2000-2001 and other years before us, on the above two issues which were argued before us

ITA 521/AHD/2023[2000-01]Status: DisposedITAT Ahmedabad12 Nov 2024AY 2000-01

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

For Appellant: Shri Milin Mehta, A.RFor Respondent: Shri Waghe Prasad Rao, Sr. DR

Section 251Section 251(2)Section 801A(9)Section 801HSection 80H

same as shown in the Profit & Loss Account mentioned hereinabove as "Profit Before Tax". Thus, it can be seen that the gross total income of the assessee includes profits and gains derived from the industrial undertaking. We find that the gross total income of the assessee included lease rent ... Gains of Business". In our understanding of the facts, the same item of receipt cannot be treated differently, i.e., once while computing the gross total income and secondly, at the time of computing deduction u/s 80-1 of the Act. An identical issue was considered by the Hon'ble High

Bsnl Karmachari Sahakari Pat Sanstha Maryadit, Kolhapur vs. The Income Tax Officer, Ward-2(1), Kolhapur

In the result, appeal of the assessee is partly allowed

ITA 1957/PUN/2024[2019-20]Status: DisposedITAT Pune12 Nov 2024AY 2019-20

Bench: Dr.Manish Boradआयकर अपील सं. / Ita No.1957/Pun/2024 "नधा"रण वष" / Assessment Years : 2019-20

For Appellant: Shri Vaibhav R. ChauguleFor Respondent: Shri B.S.Rajpurohit

Section 143(1)(a)Section 250Section 44ASection 80P

addition of Rs.18,11,590/- made by the learned CPC- Bangalore. 2] The Learned ADDL/JCIT (A) failed to appreciate that once the Gross Total Income has been assessed at a higher amount, the corresponding deduction u/s 80P should also be allowed at such higher amount i.e. equal to the amount ... Gross Total Income so assessed. 3] The Learned ADDL/JCIT (A) erred in not following the directions issued by Hon'ble CBDT vide Circular 37/2016 which states that- In view of the above, the Board has accepted the settled position that the disallowances made under sections

ITO, Mumbai vs. The Central Railway Employees Co-Operative Credit Society Ltd., Mumbai

In the result, appeals filed by the revenue are dismissed in the above terms

ITA 2783/MUM/2024[2020-21]Status: DisposedITAT Mumbai11 Nov 2024AY 2020-21

Bench: Shri. Narendra Kumar Billaiya & Shri. Raj Kumar Chauhan & & Ito, Mumbai Vs. The Central Railway Lower Parel, 306, Piramal Employees Co-Operative Chamber, Mumbai – 400012. Credit Society Ltd. 665-A, The Creccs Society, N.M. Joshi Marg, Byculla (West), Mumbai – 400027. Pan: Aaatt3547K (Appellant) (Respondent)

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

Deduction in respect of income of cooperative societies.-(1) Where, in the case of an assessee being a cooperative 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

I.T.O, Mumbai vs. The Central Railway Employees Co-Operative Credit Society Ltd., Mumbai

In the result, appeals filed by the revenue are dismissed in the above terms

ITA 2693/MUM/2024[2018-19]Status: DisposedITAT Mumbai11 Nov 2024AY 2018-19

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

I.T.O., Mumbai vs. The Central Railway Employees Co-Operative Credit Society Ltd., Mumbai

In the result, appeals filed by the revenue are dismissed in the above terms

ITA 2692/MUM/2024[2017-18]Status: DisposedITAT Mumbai11 Nov 2024AY 2017-18

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

ACIT, Delhi vs. M/S. Sahara Prime City Ltd., Lucknow

In the result, impugned order is upheld and appeal of the Revenue is dismissed being devoid of any merit

ITA 1301/DEL/2017[2010-11]Status: DisposedITAT Delhi08 Nov 2024AY 2010-11

For Appellant: Ms. Ritu Sharma, CIT-DRFor Respondent: Shri Ajay Vohra, Senior Advocate with Ms. Shaily Gupta

Section 143(3)Section 147Section 148Section 37

issued to the assessee on 01.04.2014. In response to the said notice, the assessee filed revised return on 25.01.2014 declaring gross total income of Rs.41,56,39,018/-. 4 6. The reasons recorded for reopening as provided to the assessee are as under: “Information has been received from Addl. Director

Jmc-Mske(Jv), Ahmedabad vs. Income Tax Officer, Ward-5(2)(3), Ahmedabad

In the result, appeal filed by the assessee in ITA no

ITA 830/AHD/2016[2011-12]Status: DisposedITAT Ahmedabad07 Nov 2024AY 2011-12

Bench: Us & That These Four

For Appellant: S/Sh. D.M. Rindani and Sh. Chintan Shah, RRsFor Respondent: Sh. Ashok Kumar Suthar, Sr. DR

Section 143(2)Section 143(3)Section 80

under : “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 profits and gains derived by an undertaking or an enterprise from any business referred to in sub- section ... eligible to claim the deduction under Section 80IA(4) of the Act. 3.11. Section 80IA of the Act provides for deduction from the gross total income of the assessee which includes any profit and gains derived by an undertaking or an enterprise from any business referred to in Subsection

Jmc-Mske(Jv), Ahmedabad vs. Income Tax Officer, Ward-5(2)(3), Ahmedabad

In the result, appeal filed by the assessee in ITA no

ITA 829/AHD/2016[2010-11]Status: DisposedITAT Ahmedabad07 Nov 2024AY 2010-11

Bench: Us & That These Four

For Appellant: S/Sh. D.M. Rindani and Sh. Chintan Shah, RRsFor Respondent: Sh. Ashok Kumar Suthar, Sr. DR

Section 143(2)Section 143(3)Section 80

Bgsctpl- Mskel (Jv), Ahmedabad vs. The Income Tax Officer, Ward-5(2)(1), Ahmedabad

In the result, appeal filed by the assessee in ITA no

ITA 828/AHD/2016[2011-12]Status: DisposedITAT Ahmedabad07 Nov 2024AY 2011-12

Bench: Us & That These Four

For Appellant: S/Sh. D.M. Rindani and Sh. Chintan Shah, RRsFor Respondent: Sh. Ashok Kumar Suthar, Sr. DR

Section 143(2)Section 143(3)Section 80

Bgsctpl- Mskel Consortium, Ahmedabad vs. The Income Tax Officer, Ward-10(1), Ahmedabad

In the result, appeal filed by the assessee in ITA no

ITA 2498/AHD/2013[2010-11]Status: DisposedITAT Ahmedabad07 Nov 2024AY 2010-11

Bench: Us & That These Four

For Appellant: S/Sh. D.M. Rindani and Sh. Chintan Shah, RRsFor Respondent: Sh. Ashok Kumar Suthar, Sr. DR

Section 143(2)Section 143(3)Section 80

Shri Datta Gramin Bigar Sheti Sahakari Patasanstha Maryadit, Miraj, Sangli vs. Income Tax Officer, Ward Sangli

In the result, appeal of the assessee is dismissed

ITA 1787/PUN/2024[2023-24]Status: DisposedITAT Pune07 Nov 2024AY 2023-24

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकरअपीलसं. / Ita No.1787/Pun/2024 िनधा"रणवष" / Assessment Year:2023-24 Shri Datta Gramin Bigar V The Income Tax Officer, Sheti Sahakari Patanstha S Ward-(1), Sangli. Maryadit, Wale Galli, At Post Nandre, Miraj, Sangli – 416312. Pan: Aagas4028M Appellant/ Assessee Respondent / Revenue Assessee By Shri Narendra Joshi – Ar Revenue By Smt. Shabana Parveen – Add.Cit(Dr) Date Of Hearing 06/11/2024 Date Of Pronouncement 07/11/2024 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 27.06.2024 For A.Y.2023-24. The Assessee Has Raised The Following Grounds Of Appeal : “1. On The Facts & In The Circumstances Of The Case & Law, Ld Cit(A) Has Erred In Not Allowing Deduction Under Section 80P Of The Act & Failed To Consider The Fact That The Appellant Is Registered Under The Co-Operative Societies Act & Eligible For Deduction Under Section 80P.

Section 10ASection 10BSection 143(1)Section 250Section 80A(5)Section 80P

made in computing total income. 80A. (1) In computing the total income of an assessee, there shall be allowed from his gross total income, in accordance with and subject to the provisions of this Chapter, the deductions specified in sections 80C to 80U. 3 (2) The aggregate amount ... deductions under this Chapter shall not, in any case, exceed the gross total income of the assessee. (3) ……….. (4) ………… (5) Where the assessee fails to make a claim in his return of income for any deduction under section 10A or section 10AA or section 10B or section 10BA or under

Uzhuva Service Co-Operative Bank Ltd, Pattanakkad vs. ITO, Ward-4, Alappuzha

Appeal is allowed in above terms

ITA 97/COCH/2024[AY-2017-18]Status: DisposedITAT Cochin07 Nov 2024

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhuzhuva Service Co-Op. Bank The Income Tax Officer Ltd. Pattanakkad P.O. Vs. Ward - 4, Alappuzha 685531 Alappuzha Pan: Aaaau3986B (Respondent) (Appellant)

For Appellant: ------- None -------For Respondent: Smt. V. Swarnalatha, Sr

Section 2Section 22Section 250Section 5Section 56Section 80PSection 80P(2)

purposes of eligibility for deduction, the assessee must be a “co-operative society”. 6 Uzhuva Service Co-op. Bank Ltd. 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 ... view of the applicable provisions of law. 15.1. Section 80P speaks about deduction in respect of income of cooperative societies from the gross total income referred to in sub-section (2) of the said Section. From the said income, there shall be deducted, in accordance with the provisions of Section

The Tirurangadi Service Co-Operative Bank Ltd, Tirurangadi vs. ITO, Ward-3, Tirur

Appeal is allowed in above terms

ITA 88/COCH/2024[2009-2010]Status: DisposedITAT Cochin07 Nov 2024AY 2009-2010

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Shri Ramkumar Menon, CA

Section 2Section 22Section 250Section 56Section 80P

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 ... view of the applicable provisions of law. 15.1. Section 80P speaks about deduction in respect of income of cooperative societies from the gross total income referred to in sub-section (2) of the said Section. From the said income, there shall be deducted, in accordance with the provisions of Section

Ramapuram North Aiswarya Pradayini Scb Ltd, Alappuzha vs. The ITO Ward 3, Alappuzha

In the result, the appeals filed by the appellant are allowed and the order(s) of the Kerala High Court and other authorities to the contrary are set aside

ITA 556/COCH/2023[2017-18]Status: DisposedITAT Cochin07 Nov 2024AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhassessment Year 2017-18 Ramapuram North Aiswarya Pradayini Scb Ltd. Ramapuram North, The Income Tax Officer Vs. Keerikadu P.O., Alappuzha Ward - 3, Pin - 690508 Alappuzha Pan Aacar2023D (Appellant) (Respondent)

For Appellant: ------- None -------For Respondent: Smt. V. Swarnalatha, Sr. D.R

Section 139(1)Section 250Section 80ASection 80A(5)Section 80PSection 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). 10 Ramapuram North Aiswarya Pradayini SCB Ltd. iv) Fourthly, sub-clause ... view of the applicable provisions of law. 15.1. Section 80P speaks about deduction in respect of income of cooperative societies from the gross total income referred to in sub-section (2) of the said Section. From the said income, there shall be deducted, in accordance with the provisions of Section

The Thrikkovil Vattom Panchayath Service Co-Op Bank Ltd, Kollam vs. ITO, Kollam

Appeal is allowed in above terms

ITA 476/COCH/2023[2017-18]Status: DisposedITAT Cochin07 Nov 2024AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: ---- None ----For Respondent: Smt.V.Swarnalatha, Sr.DR

Section 143(3)Section 2Section 22Section 56Section 80PSection 80P(2)Section 80P(2)(a)

Thrikkovilvattom Panchayath SCB Ltd. 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 ... view of the applicable provisions of law. 15.1. Section 80P speaks about deduction in respect of income of cooperative societies from the gross total income referred to in sub-section (2) of the said Section. From the said income, there shall be deducted, in accordance with the provisions of Section

Vilavattam Service Co-Op Bank Ltd No 337, Thrissur vs. ITO Ward 2(3), Thrissur

In the result, the appeals filed by the appellant are allowed and the order(s) of the Kerala High Court and other authorities to the contrary are set aside

ITA 337/COCH/2023[2013-14]Status: DisposedITAT Cochin07 Nov 2024AY 2013-14

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: ------- None ------

Section 148Section 2Section 22Section 250Section 56Section 80A(5)Section 80PSection 80P(2)

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 ... view of the applicable provisions of law. 15.1. Section 80P speaks about deduction in respect of income of cooperative societies from the gross total income Vilvattam Service Co-op. Bank Ltd. referred to in sub-section (2) of the said Section. From the said income, there shall be deducted

Vilavattam Service Co-Op Bank Ltd No 337, Thrissur vs. ITO Ward 2(3), Thrissur

In the result, the appeals filed by the appellant are allowed and the order(s) of the Kerala High Court and other authorities to the contrary are set aside

ITA 336/COCH/2023[2009-10]Status: DisposedITAT Cochin07 Nov 2024AY 2009-10

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: ------- None ------

Section 148Section 2Section 22Section 250Section 56Section 80A(5)Section 80PSection 80P(2)

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 ... view of the applicable provisions of law. 15.1. Section 80P speaks about deduction in respect of income of cooperative societies from the gross total income Vilvattam Service Co-op. Bank Ltd. referred to in sub-section (2) of the said Section. From the said income, there shall be deducted

M/S Poyiloor Service Co-Op Bank Ltd, Kannur vs. ITO Ward 2, Kannur

In the result, the appeals filed by the appellant are allowed and the order(s) of the Kerala High Court and other authorities to the contrary are set aside

ITA 151/COCH/2023[2014-15]Status: DisposedITAT Cochin07 Nov 2024AY 2014-15

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhassessment Year - 2014-15 Poyiloor Service Co-Op.Bank The Income Tax Officer-2, Kannothumchal Ltd., Poyiloor Post, Kannur. Vs. Pin – 670002 Pan Aacap8990R Kannur - 670 006 (Respondent) (Appellant)

For Appellant: Shri Arun Raj S., Advocate

Section 143(3)Section 2Section 22Section 56Section 80PSection 80P(2)Section 80P(4)

Kannur Town Service Co-Op Bank, Kannur vs. ITO Ward 1, Kannur

In the result, the appeals filed by the appellant are allowed and the order(s) of the Kerala High Court and other authorities to the contrary are set aside

ITA 126/COCH/2023[2014-15]Status: DisposedITAT Cochin07 Nov 2024AY 2014-15

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhkannur Town Service Co-Op. The Income Tax Officer-1 Bank Ltd. Aayakar Bhavan Vs. Kannur 670002 Kannothumchal [Pan: Aabak8385N] Kannur 670006 (Appellant) (Respondent)

For Appellant: Shri George Thomas, CAFor Respondent: Dr. S. Pandian, CIT-DR

Section 2Section 22Section 250Section 56Section 80PSection 80P(2)Section 80P(2)(a)

Bank Ltd. 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 being “engaged ... view of the applicable provisions of law. 15.1. Section 80P speaks about deduction in respect of income of cooperative societies from the gross total income referred to in sub-section (2) of the said Section. From the said income, there shall be deducted, in accordance with the provisions of Section

Amitabha Sanyal, Kolkata vs. ITO, Ward-58(4), Kolkata

In the result, the appeal of the assessee is partly allowed and the penalty levied is hereby deleted

ITA 359/KOL/2022[2011-2012]Status: DisposedITAT Kolkata05 Nov 2024AY 2011-2012

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishraassessment Years: 2011-12 Amitabha Sanyal, Income Tax Officer, 108B, Block-F, New Alipore, Ward – 58(4), Kolkata, Kolkata – 700053 Vs Aayakar Bhawan, (Pan: Aleps2352J) Bamboo Villa, 169, A.J.C. Bose Road, Kolkata - 700014 (Appellant) (Respondent)

For Appellant: Shri Amitabha Sanyal, AssesseeFor Respondent: Shri P.P. Barman, CIT, Sr. DR

Section 139(1)Section 148Section 250Section 254(2)Section 271Section 271(1)(c)Section 275

Income from Other Sources Rs. 79,500/- (as discussed above) Rs. 107,488/- Income from Capital Gain (as per return) Rs.2,275,000/- Gross Total Income Rs.2,382,488/- Less: Deduction under Chapter VI-A Rs. 7,139/- Total Income Rs.2,375,349/- Assessed Total Income Rounded off to Rs.2