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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

The Kadanad Service Co-Operative Bank Ltd, Kottayam vs. ITO, Ward-2, Kottayam

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 842/COCH/2023[2017-18]Status: DisposedITAT Cochin25 Sept 2024AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: ------- None -------For Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 2Section 22Section 250Section 56Section 80PSection 80P(2)Section 90P

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

Clappana Service Co-Operative Bank Altd., Karunagappally vs. ITO, Ward 1&Tps, 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 777/COCH/2023[ AY 2017-18]Status: DisposedITAT Cochin25 Sept 2024

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhassessment Year: 2017-2018 M/S. Clappana Service Co-Operative The Income Tax Officer Bank Limited No.867 V. Ward 1, Alappuzha. Cp/Viii/410 & 411, Clappana Po Karunagappally, Kollam – 690 525 Pan : Aabac2747A. (Appellant) (Respondent) Appellant By : Shri Rajakannan, Advocate Respondent By : Smt. V. Swarnalatha, Sr. D.R. Date Of Pronouncement : 25.09.2024 Date Of Hearing : 12.08.2024 O R D E R Per Bench : This Assessee’S Appeal For A.Y. 2017-18 Arises Against The National Faceless Appeal Centre, Delhi [Cit(A)]’S Din & Order No. Itba/ Nfac/S/250/2023-24/1055921666(1) Dated 11.09.2023, Passed U/S. 250 Of The Income Tax Act, 1961 (The Act).

For Appellant: Shri Rajakannan, AdvocateFor Respondent: Smt. V. Swarnalatha, Sr. D.R
Section 2Section 22Section 250Section 56Section 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 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 Thachinganadam Service Co-Operative Bank Limited, Thachinganadam vs. Income Tax Officer Ward 4 Tirur, Tirur

Appeal is allowed for statistical purposes in above terms

ITA 664/COCH/2023[2017-18]Status: DisposedITAT Cochin25 Sept 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 56Section 80PSection 80P(2)(a)

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

Vadakkevila Service Co-Operative Bank Ltd, Kollam vs. The ITO, Kollam

Appeal is allowed in above terms

ITA 478/COCH/2023[2017-18]Status: DisposedITAT Cochin25 Sept 2024AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Ms.Anoopa, AdvocateFor Respondent: Sri.Sanjit Kumar Das, CIT-DR
Section 143(3)Section 194ASection 40Section 56Section 80PSection 80P(2)Section 80P(2)(a)

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 co- operative 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

Mananthavady Co-Op Urban Society Ltd, Wayanad vs. The ITO Ward 2(5), Calicut

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 433/COCH/2023[2012-13]Status: DisposedITAT Cochin25 Sept 2024AY 2012-13

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: --- None---For Respondent: Smt.V.Swarnalatha, Sr.DR
Section 2Section 22Section 250Section 56Section 80PSection 80P(2)Section 80P(4)

eligibility for deduction, the 5 ITA No.433/Coch/2023. Mananthavadi Co-op Urban Society Ltd. 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 co- operative 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

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

ITA 37/COCH/2023[2009-10]Status: DisposedITAT Cochin25 Sept 2024AY 2009-10

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Shri Aruj Raj S., AdvocateFor Respondent: Smt. V. Swarnalatha, Sr. D.R
Section 2Section 22Section 250Section 56Section 80PSection 80P(2)Section 80P(4)

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

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

ITA 36/COCH/2023[2007-08]Status: DisposedITAT Cochin25 Sept 2024AY 2007-08

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Shri Aruj Raj S., AdvocateFor Respondent: Smt. V. Swarnalatha, Sr. D.R
Section 2Section 22Section 250Section 56Section 80PSection 80P(2)Section 80P(4)

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

Tavinjal Service Co-Op Bank Ltd, Wayanad vs. The ITO Ward 1, Wayanad

Appeal of the assessee is allowed for statistical purposes in above terms

ITA 321/COCH/2023[2010-11]Status: DisposedITAT Cochin25 Sept 2024AY 2010-11

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhthavinjal Service Co-Op. Bank Ltd. The Income Tax Officer Thalapuzha P.O. Ward - 1(4), Kalpetyta Vs Wayanad 670664 Wayanad 673122 [Pan: Aadat2035N] (Appellant) (Respondent)

For Appellant: ------- None -------For Respondent: Smt. Swarnalatha, Sr. D.R
Section 139(1)Section 144Section 2Section 22Section 56Section 80ASection 80A(5)Section 80PSection 80P(4)Section 80P(5)

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

Karassery Service Co-Op Bank Ltd, Mukkam vs. The ITO Ward 2(3), Kozhikode

ITA 292/COCH/2023[2014-15]Status: DisposedITAT Cochin25 Sept 2024AY 2014-15

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: ------- None -------For Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 2Section 22Section 250Section 56Section 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 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

Karassery Service Co-Op Bank Ltd, Mukkam vs. The ITO Ward 2(3), Kozhikode

ITA 291/COCH/2023[2012-13]Status: DisposedITAT Cochin25 Sept 2024AY 2012-13

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: ------- None -------For Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 2Section 22Section 250Section 56Section 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 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

Karassery Service Co-Op Bank Ltd, Mukkam vs. The ITO Ward 2(3), Kozhikode

ITA 290/COCH/2023[2007-08]Status: DisposedITAT Cochin25 Sept 2024AY 2007-08

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: ------- None -------For Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 2Section 22Section 250Section 56Section 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 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

M/S Thurayur Service Co -Op Bank Ltd, Kozhikode vs. The ITO Ward 2(1), Kozhikode

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 196/COCH/2023[2015-16]Status: DisposedITAT Cochin25 Sept 2024AY 2015-16

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: ------- None -------For Respondent: Smt. Swarnalatha, Sr. D.R
Section 143(3)Section 2Section 22Section 56Section 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 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

M/S Thurayur Service Co -Op Bank Ltd, Kozhikode vs. The ITO Ward 2(1), Kozhikode

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 195/COCH/2023[2014-15]Status: DisposedITAT Cochin25 Sept 2024AY 2014-15

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: ------- None -------For Respondent: Smt. Swarnalatha, Sr. D.R
Section 143(3)Section 2Section 22Section 56Section 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 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

M/S.Puthiyangadi Service Co-Op Bank, Calicut vs. The ITO Ward 1(3), Calicut

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 112/COCH/2023[2017-18]Status: DisposedITAT Cochin25 Sept 2024AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhassessment Year: 2017-18 M/S. Puthiyangadi Service Co- The Income Tax Officer Operative Bank Limited No.F1421 V. Ward 1(3), Alappuzha. Puthiyangadi Kozhikode – 673 021 Pan : Aacap0749C. (Appellant) (Respondent)

For Appellant: ------- None -------For Respondent: Smt. V. Swarnalatha, Sr. D.R
Section 2Section 22Section 250Section 56Section 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 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

M/S.State Bank of India(Successor to State Bank of Travancore), Trivandrum vs. The ACIT, Trivandrum

ITA 252/COCH/2017[2010-11]Status: DisposedITAT Cochin25 Sept 2024AY 2010-11

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Sri Ninad Patade, CAFor Respondent: Sri Dr. S. Pandian, CIT-DR
Section 143(3)Section 263Section 36(1)Section 36(1)(viia)Section 36(1)(viii)Section 36(1)(vili)Section 43B

eligible business on the basis of the percentage of returned income to gross income. The Assessing Officer considered Rs.595,26,76,073/- as gross total income and worked out the percentage of total income to gross income at 12.74% and then after considering the income from eligible business amounting ... whether it is the assessee’s “amount not exceeding 20% of the produce derived from eligible business” only or the corresponding gross total income, which needs to be considered for the purpose of computing the deduction 10 ITA.Nos. 251 & 252/Coch./2017 u/sec.36

M/S.State Bank of India(Successor to State Bank of Travancore), Trivandrum vs. The ACIT, Trivandrum

ITA 251/COCH/2017[2002-03]Status: DisposedITAT Cochin25 Sept 2024AY 2002-03

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Sri Ninad Patade, CAFor Respondent: Sri Dr. S. Pandian, CIT-DR
Section 143(3)Section 263Section 36(1)Section 36(1)(viia)Section 36(1)(viii)Section 36(1)(vili)Section 43B

eligible business on the basis of the percentage of returned income to gross income. The Assessing Officer considered Rs.595,26,76,073/- as gross total income and worked out the percentage of total income to gross income at 12.74% and then after considering the income from eligible business amounting ... whether it is the assessee’s “amount not exceeding 20% of the produce derived from eligible business” only or the corresponding gross total income, which needs to be considered for the purpose of computing the deduction 10 ITA.Nos. 251 & 252/Coch./2017 u/sec.36

Murude Sahakari Patsanstha Maryadit, Mumbai vs. ITO, Ward-22(2)(1), Mumbai

The Appeal is allowed

ITA 901/MUM/2024[2018-19]Status: DisposedITAT Mumbai24 Sept 2024AY 2018-19

Bench: SHRI NARENDRA KUMAR BILLAIYA, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

For Appellant: Shri Dharan GandhiFor Respondent: Shri Himanshu Sharma
Section 143Section 143(3)Section 5Section 80Section 80P(2)(a)Section 80P(2)(d)Section 80P(4)

unnecessary to probe any further as to whether the co- operative society is classified as X or Y. 29. Thirdly, the gross total income must include income that is referred to in sub-section (2). 30. Fourthly, sub-clause (2)(a)(i) with which we are directly concerned, then speaks

Dtps Employees Co-Op Credit Society Limited Dahanu, Dahanu vs. Jurisdiction Ward 1, Palghar

ITA 1884/MUM/2024[2018-19]Status: DisposedITAT Mumbai24 Sept 2024AY 2018-19
Section 143(3)Section 80Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 80P(4)

unnecessary to probe any further as to whether the co- operative society is classified as X or Y. 28. 29. Thirdly, the gross total income must include income that is referred to in sub-section (2). 30. Fourthly, sub-clause (2)(a)(i) with which we are directly concerned, then

Siddhayu Aaurvedic Research Foundation Pvt. Ltd, Mumbai vs. Addl/Jt/ACIT/ITO/NFAC/// the ACIT Circle 34(3) (2), Delhi

In the result this appeal is dismissed with costs

ITA 745/MUM/2022[2017-18]Status: DisposedITAT Mumbai24 Sept 2024AY 2017-18

Bench: Shri Anikesh Banerjee & Shri Gagan Goyalsiddhayu Aayurvedic Research Foundation Pvt. Ltd., C/704, Pramukh Plaza, Cardinal Gracious Road, Chakala, Andheri East, Mumbai-400 069. Pan No. Aaacs8335F ..... Appellant Vs. Acit Circle 4(3) (2) Aaykar Bhavan, M. K. Road, Mumbai-400 020. ..... Respondent

For Appellant: Shri Satyaprakash Singh, Ld. ARFor Respondent: Shri K. C. Selvamani, Ld. DR
Section 143(2)Section 143(3)Section 144CSection 234BSection 270ASection 271ASection 28Section 37(1)

brief facts of the case are that the assessee has filed its return of income for A.Y. 2017-18 on 17.10.2017 declaring gross total income at Rs. 2,37,09,958/-. The assessee company is engaged in the business of manufacturing of Aayurvedic Medicines, herbal cosmetic products and electricity generation

Assistant Commissioner of Income Tax, Circle 2(1)(1), Vadodara, Race Course Circle vs. The Bharuch Dist. Central Co-Op Bank Limited, Bharuch

ITA 693/AHD/2024[2015-16]Status: DisposedITAT Ahmedabad23 Sept 2024AY 2015-16

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar

For Appellant: Shri Rignesh K Das, Sr. DRFor Respondent: Shri Manish J. Shah & Shri Rushin Patel, A.Rs
Section 36(1)(viia)

mentioned section, which permits deductions based on a percentage of total income and rural advances. The calculations showed that while 7.5% of gross total income equated to Rs. 1,45,80,501/- and 10% of rural advances amounted to Rs. 32,50,81,700/-, the total eligible amount