“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

Income Tax Officer, Income Tax Mumbai vs. State Bank of India Employees M.S. Patel Co-Op Credit Society Ltd, Mumbai

In the result, the appeal of the revenue is dismissed

ITA 3995/MUM/2023[2016-17]Status: DisposedITAT Mumbai23 Sept 2024AY 2016-17

Bench: Shri Amarjit Singh & Shri Rahul Chaudhary

For Appellant: Shri Hemant ShahFor Respondent: Smt. Smiti Samant, CIT, DR

Section 194ASection 194A(3)(V)Section 56Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(2)(d)Section 8O

business of banking or providing credit facilities to its members by o co-operative society and is liable to be deducted from the gross total income under Section 8OP of the Act." The rationale with regard to bank interest would also apply to the interest on the income tax refund ... operative society", it is unnecessary to probe any further whether the co-operative society is classified as X or Y. Besides, the gross total income must include income that is referred to in sub-section (2) of section 80P of IT Act. 32. Mavilayi Service Co-operative Bank

Shrikrupa Nagari Sahakari Pathsanstha Maryadit, Alibaug vs. Income Tax Ward 3 Panvel, Panvel

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

ITA 1089/PUN/2024[2020-21]Status: DisposedITAT Pune20 Sept 2024AY 2020-21

Bench: Shri R. K. Panda & Shri S.S. Godaraassessment Year : 2020-21

For Appellant: Shri Ronak H. JainFor Respondent: Shri Arvind Desai, Addl CIT, DR

Section 143(3)Section 80PSection 80P(2)(a)Section 80P(2)(d)

adjudication of the issue before us. “80P(2)(d) (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

JCIT (OSD) Circle-2, Trichy vs. The Karur Vysya Bank Ltd., Karur

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

ITA 635/CHNY/2020[2017-18]Status: DisposedITAT Chennai20 Sept 2024AY 2017-18

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकर अपील सं./Ita No.: 620/Chny/2020 िनधा"रण वष" / Assessment Year: 2017-18 Deputy Commissioner Of Income M/S. Karur Vysya Bank, V. Tax, Finance &Control Dept., Circle -2(1), Erode Road, Trichy. Karur – 639 002. [Pan: Aaact-3373-J] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita No.: 635/Chny/2020 िनधा"रण वष" / Assessment Year: 2017-18 M/S. Karur Vysya Bank, The Joint Commissioner Of V. Finance &Control Dept., Income Tax, Erode Road, Circle -2, Karur – 639 002. No.44, Williams Road, [Pan: Aaact-3373-J] Contanment, Trichy – 620 001. (अपीलाथ"/Appellant) (""यथ"/Respondent) Assessee By : Shri. Ananthan, Ca & Smt. R. Lalitha, Ca Department By : Shri. Nilay Baran Som, Cit सुनवाई क" तारीख/Date Of Hearing : 05.08.2024 घोषणा क" तारीख/Date Of Pronouncement : 20.09.2024 आदेश /O R D E R Per S. R. Raghunatha:

For Appellant: Shri. Ananthan, CA & Smt. R. Lalitha, CAFor Respondent: Shri. Nilay Baran Som, CIT

Section 145Section 36(1)Section 36(1)(vii)Section 36(1)(viia)Section 36(2)(v)

deduction for provision for bad and doubtful debts for certain banks (not incorporated outside India) and certain cooperative banks to 7.5% of gross total income (before deduction under this clause) of such banks and 10% of the aggregate average advance made by the rural branches of such banks. This limit ... gross total income (before deduction under this clause) under sections 36(1)(viia)(b) and 36(1)(viia)(c) for a bank incorporated outside India and certain financial institutions. Provisions of clause (vii) of section 36(1) of the Act provides for deduction for bad debt actually written

M/S. Karur Vysya Bank, Karur vs. DCIT, Circle - 2 (1), Trichy

ITA 620/CHNY/2020[2017-18]Status: DisposedITAT Chennai20 Sept 2024AY 2017-18

Bench: Shri Aby T Varkey, Hon'Ble & Shri S. R. Raghunatha, Hon'Bleआयकर अपील सं./Ita No.: 620/Chny/2020 निर्धारण वर्ष / Assessment Year: 2017-18 M/S. Karur Vysya Bank, Deputy Commissioner Of Income Finance &Control Dept., V. Tax, Erode Road, Circle -2(1), Karur - 639 002. Trichy. [Pan: Aaact-3373-J] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) आयकर अपील सं./Ita No.: 635/Chny/2020 निर्धारण वर्ष / Assessment Year: 2017-18 The Joint Commissioner Of Income Tax, Circle -2, No.44, Williams Road, Contanment, Trichy - 620 001. V. M/S. Karur Vysya Bank, Finance &Control Dept., Erode Road, Karur - 639 002. [Pan: Aaact-3373-J] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) Assessee By : Shri. Ananthan, Ca & Smt. R. Lalitha, Ca Department By : Shri. Nilay Baran Som, Cit सुनवाई की तारीख/Date Of Hearing : 05.08.2024 घोषणा की तारीख/Date Of Pronouncement : 20.09.2024 आदेश / Order Per S. R. Raghunatha: These Two Cross Appeals Filed By The Assessee & Revenue Are Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-1, Trichy, Dated 16.03.2020 & Pertains To

For Appellant: Shri. Ananthan, CA & Smt. R. Lalitha, CAFor Respondent: Shri. Nilay Baran Som, CIT

Section 145Section 36(1)(vii)Section 36(1)(viia)Section 36(2)(v)

आयकर अपीलीय अधिकरण, 'ए' न्यायपीठ, चेन्नई IN THE INCOME TAX APPELLATE TRIBUNAL 'A' BENCH, CHENNAI श्री एबी टी वर्की, न्यायिक

The Mangalorean Garden Homes Co Operative Housing Society Limited, Mumbai vs. ITO Ward 23(3)(4), Mumbai

In the result, appeal filed by the assessee is allowed in the above terms

ITA 1696/MUM/2024[2017-18]Status: DisposedITAT Mumbai20 Sept 2024AY 2017-18

Bench: Shri. Amarjit Singh & Shri. Raj Kumar Chauhanthe Mangalorean Garden Homes Vs. Ito Ward 23(3)(4) Co-Operative Housing Society Room No. 119, 1St Floor, Matru Limited Mandir, Tardeo Road, Rebello House, 132, Hill Road, Mumbai – 400007. Bandra (W), Mumbai - 400050. Pan: Aaaat3420G (Appellant) (Respondent)

Section 250Section 80P(2)(d)

Housing Society. Thus, if any income as referred to in sub-section (2) to section 80P of the Act is included in the gross total income of the assessee, the same shall be allowed as a deduction. It is pertinent to note that since the assessee is registered under

Anup Kumar Agarwal, Kolkata vs. ITO, Ward - 43(1), Kolkata

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

ITA 1199/KOL/2024[2018-2019]Status: DisposedITAT Kolkata19 Sept 2024AY 2018-2019

Bench: Pradip Kumar Choubey & Sri Sanjay Awasthi

Section 143(1)

same does not come within the ambit of ‘an incorrect claim apparent from any information in the return', therefore, enhanced the gross total income made by the CPC was without jurisdiction which is confirmed by the Ld. CIT(A), as such his finding is completely arbitrary, unjustified and illegal

M/S Ijmima Imitation Jewellery Market Society Limited, Mumbai vs. AO Circle 41(3)(1), Mumbai

ITA 1618/MUM/2024[2018-19]Status: DisposedITAT Mumbai19 Sept 2024AY 2018-19

Section 143(2)Section 2(19)Section 250Section 5Section 80PSection 80P(2)(d)

adjudication of the issue before us. "80P(2)(d) (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

Income Tax Officer, Ward-1(1), Nashik vs. Mico Employees Credit Coop Society Ltd., Nashik

In the result, the appeal of the Revenue is dismissed

ITA 281/PUN/2024[2017-18]Status: DisposedITAT Pune18 Sept 2024AY 2017-18

Bench: Shri R.K. Panda & Ms. Astha Chandra

For Appellant: Shri Nikhil S. PathakFor Respondent: Shri Ramnath P. Murkunde

Section 143(2)Section 56Section 80(2)(d)Section 80PSection 80P(2)(a)

business of banking or providing credit facilities to its members by a cooperative society and is liable to be deducted from the gross total income under Section 80P of the Act. 4. Sec. 80P of the Act grants deduction in respect of various categories of income of a cooperative society ... business of 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.” “In the instant case, the amount which was invested in banks to earn interest was not an amount

Amravati Jilha Vima Karmachari Sahakari Patsanstha Maryadit, Amravati vs. Income Tax Officer Ward-3, Amravati

In the result, appeal filed by the assessee is allowed

ITA 81/NAG/2024[2020-21]Status: DisposedITAT Nagpur18 Sept 2024AY 2020-21

Bench: Shri V. Durga Rao

For Appellant: Shri Bhavesh MoryaniFor Respondent: Shri Abhay Y. Marathe

Section 143(3)Section 234ASection 56Section 80PSection 80P(2)(a)

engaged in the activity of providing credit facilities to its members. The assesse filed its return of income on 06/02/2021, declaring gross total income at ` 59,42,986, and total 3 Amravati Jilha Vima Karmachari Sahakari Pat Sanstha Maryadit ITA no.8/Nag./2024 income at NIL after claiming deduction

Indore Sahakari Dugdh Sangh Maryadit, Dairy Compound, Manglia vs. Commissioner of Income Tax (Appeals), NFAC, Income Tax Department, Delhi

In the result, the appeals of the assessee are allowed

ITA 294/IND/2024[2020-21]Status: DisposedITAT Indore17 Sept 2024AY 2020-21

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 234ASection 270ASection 80PSection 80P(2)Section 80P(2)(d)Section 80P(4)

adjudication of the issue before us. “80P(2)(d) (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 ... 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

Indore Sahakari Dugdh Sangh Maryadit, Dairy Compound, Manglia vs. Commissioner of Income-Tax (Appeals), NFAC, Income Tax Department, Delhi

In the result, the appeals of the assessee are allowed

ITA 293/IND/2024[2018-19]Status: DisposedITAT Indore17 Sept 2024AY 2018-19

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 234ASection 270ASection 80PSection 80P(2)Section 80P(2)(d)Section 80P(4)

Vikas Sabharwal HUF, Ludhiana vs. Income Tax Officer, Ludhiana

In the result appeal of the assessee is allowed in terms as aforesaid

ITA 740/CHANDI/2023[2017-2018]Status: DisposedITAT Chandigarh13 Sept 2024AY 2017-2018

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

For Appellant: Shri Parikshit Aggarwal, C.AFor Respondent: Shri Vivek Vardhan, JCIT, Sr. DR

Section 115BSection 142(1)Section 143(2)Section 253Section 69A

vide acknowledgement No.150870440050817. Thereafter, the case was selected for complete scrutiny under CASS on the main reason "cash deposits during demonetization period and gross total income including exempt income and agricultural income". Notice under section 143(2) of the Income Tax Act, 1961 dated 09.08.2018 was issued and served upon

L and T Emerald Isle T-7 Co Operative Housing Society Limited, Mumbai vs. National Faceless Appeal Centre, Delhi

In the result, the appeal by the assessee is allowed

ITA 3508/MUM/2024[2020-21]Status: DisposedITAT Mumbai13 Sept 2024AY 2020-21

Bench: Shri. Prashant Maharshi & Shri. Sandeep Singh Karhail

For Appellant: Shri. Bhavesh GajelliFor Respondent: Shri. Anil Sant, Sr. DR

Section 143(1)Section 154Section 250Section 80Section 80P(2)(d)

Income Tax Officer, Mumbai vs. Mumbai Postal Employees Co-Operative Credit Society Ltd, Mumbai

In the result, the appeal of the Revenue is treated as allowed for statistical purposes

ITA 3738/MUM/2024[2020-21]Status: DisposedITAT Mumbai12 Sept 2024AY 2020-21

Bench: Shri Om Prakash Kant & Ms. Kavitha Rajagopalassessment Year 2020-21 Ito-25(2)(1), Mumbai Postal Employees Room No. 246, 2Nd Floor, Co-Operative Credit Society Ltd., G-Block, Kautilya Bhavan, Vs. Ground Floor, Gpo Building, Bandra Kurla Complex, Fort, Mumbai Mumbai Pan : Aaajm0032G (Appellant) (Respondent)

For Appellant: NONEFor Respondent: Smt. Mahita Nair, Sr.DR

Section 194ASection 194A(3)(v)Section 80PSection 80P(2)Section 80P(2)(d)Section 80P(4)

rival submission of the parties and perused the relevant material on record. The section 80P(2)(d) of the Act prescribe out of gross total income of co-operative society, deduction in respect of the whole of income by way of interest or dividend derived by the co- operative society

R&De (Engrs) Employees Co-Op. Credit Society, Pune vs. ITO, Ward 7(3), Pune

In the result, the appeal of the assessee is allowed

ITA 762/PUN/2024[2021-22]Status: DisposedITAT Pune11 Sept 2024AY 2021-22

Bench: Shri R.K. Panda & Ms. Astha Chandra

For Appellant: Shri A.V. IyerFor Respondent: Shri Sourabh Nayak

Section 143(1)(a)Section 143(2)Section 143(3)Section 56Section 80PSection 80P(2)(a)Section 80P(2)(d)

engaged in providing credit facilities to the its members only. The assessee filed its return for AY 2018-19 declaring gross total income of Rs.25,57,047 and claimed deduction u /s. 80P(2)(a)(i) on the entire gross total income being business income from providing credit facilities ... business of 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 Hon'ble Court also distinguished the decision of the Hon'ble Supreme Court in the case

Big Boss Foods Pvt. Ltd., Burdwan vs. ACIT, Cir. 1, Burdwan

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

ITA 398/KOL/2024[2013-14]Status: DisposedITAT Kolkata11 Sept 2024AY 2013-14

Bench: Sri Rajesh Kumar & Pradip Kumar Choubey

Section 143(3)Section 147Section 148Section 151(1)Section 250Section 40

I.T.A. No.: 398/KOL/2024 Assessment Year: 2013-14 Big Boss Foods Pvt. Ltd. appellant on 31.03.2014 filed its return of income declaring gross total income of Rs. 20,66,570/-. The appellant claimed refund of Rs. 1,38,090/- after making deduction of tax at source, paid

Manikandan Subash Chandra Bose, Thirumangalam vs. The Income Tax Officer, Madurai

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

ITA 1452/CHNY/2023[2017-18]Status: DisposedITAT Chennai11 Sept 2024AY 2017-18

Bench: Shri Manu Kumar Giri, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकर अपील सं./Ita No.: 1452/Chny/2023 िनधा"रण वष" / Assessment Year: 2017-18 The Income Tax Officer, Manikandan Subash Chandra V. Non Corporate Ward 2(4), Bose, Madurai – 625 002. New No. 70 (Old 131), Big Bazaar Street, Thirumangalam – 625 706 [Pan: Abcpm-6497-L] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. B. Pratap, Ca ""यथ" क" ओर से/Respondent By : Shri. D. Hema Bhupal, Jcit सुनवाई क" तारीख/Date Of Hearing : 03.07.2024 घोषणा क" तारीख/Date Of Pronouncement : 11.09.2024 आदेश /O R D E R Per S. R. Raghunatha:

For Appellant: Shri. B. Pratap, CAFor Respondent: Shri. D. Hema Bhupal, JCIT

Section 115BSection 143(3)Section 69A

individual and carrying on the business of trading in pulses and grains, filed his return of income for the AY 2017-18 admitting gross total income of Rs.8,26,303/-. The case was selected for scrutiny assessment under CASS with the reason as "Large cash :-3-: ITA. No: 1452/Chny/2023 deposits ... scrutiny assessment under CASS for reason "Large Cash Deposits during demonetization period and Business Return filed for the first time on 30/12/2017 having Gross Total Income Rs.8,26,303/- and Total Income Rs.7,85,920/- and paid the taxes due thereon. This Income includes Income from his proprietary business Rs.5

Laburnum Mahindra Gardens Co Op Hsg Limited, Mumbai vs. Income Tax Officer - Ward 41(4)(2), Mumbai

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

ITA 3657/MUM/2024[2020-21]Status: DisposedITAT Mumbai11 Sept 2024AY 2020-21

Bench: Shri. Prashant Maharshi & Shri. Sandeep Singh Karhail

For Appellant: Ms. Vinita Nara a/w. Shri. Dharan GandhiFor Respondent: Shri. Akhatar Hussain Ansari, Sr. DR

Section 1Section 143(3)Section 2Section 234BSection 250Section 270ASection 3Section 80PSection 80P(2)(d)

under consideration, the assessee filed its return of income on 28/01/2021 declaring a total income of Rs. Nil. The assessee has shown a gross total income of Rs. 28,86,264 and claimed the same as deduction under section 80P of the Act. The return filed by the assessee ... Housing Society. Thus, if any income as referred to in sub-section (2) to section 80P of the Act is included in the gross total income of the assessee, the same shall be allowed as a deduction. It is pertinent to note that since the assessee is registered under

Mount Mary Nagari Co Op Credit Society Limited, Mumbai vs. Income Tax Officer Ward 23(2)(3), Mumbai

ITA 3475/MUM/2024[2017-18]Status: DisposedITAT Mumbai11 Sept 2024AY 2017-18

Section 139Section 142(1)Section 144Section 270ASection 271FSection 80PSection 80P(2)(a)

Section 80P(2)(a)(i) speaks as follows: 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

DCIT, Circle-43(1), Civic Centre vs. Hart Travels and Real Estate Solutions LLP, Delhi

In the result, the appeal of the Revenue in ITA No

ITA 3543/DEL/2023[2018-19]Status: DisposedITAT Delhi11 Sept 2024AY 2018-19

Bench: Shri Challa Nagendra Prasad & Shri Naveen Chandra

For Appellant: Shri S.K. Gupta, CAFor Respondent: Shri Choudhary, N.C. Roy, JCIT

Section 115BSection 143(2)Section 271A

that creditworthiness of the other partner Shri Rakesh Dham, was not established as the ITR submitted by him for AY 2018-19 shows gross total income of only Rs 9,52,449/-. 11. We have heard the rival submissions and have perused the relevant material on record. We find that ... been verified by the said NBFC before granting him this loan. As per the return of income for the relevant assessment year the gross total income of Shri Rakesh Dham has been Rs21,58,132/- and he is a regular income tax payee. The comments of the AO that computation