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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

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

In the result the solitary ground of appeal of the assessee is allowed

ITA 89/MUM/2024[2020-2021]Status: DisposedITAT Mumbai27 Jun 2024AY 2020-2021

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 89/Mum/2024 (A.Y. 2020-21) Npc Employees Vs. Ito Ward 27(2)(1) Cooperative Credit Vashi Railway Society Limited Station, 4Th Floor Vikram Sarabhai Vashi, Navi Bhavan, South Wing Mumbai-400 703. 6Th Floor, Trombay Mumbai-400 094. Pan : Aaban0550E (Appellant) (Respondent) Assessee By Shri Sushant N. Alme Department By Shri R.R. Makwana Date Of Hearing 05.06.2024 Date Of Pronouncement 27.06.2024 O R D E R 1. This Appeal Is Filed By Npc Employees Cooperative Credit Society Ltd Mumbai (The Assessee/Appellant) For Assessment Year 2020 – 2021 Against The Appellate Order Passed By The National Faceless Appeal Centre (Nfac), Delhi (The Learned Cit – A) Dated 29/11/2023 Wherein The Appeal Filed By The Assessee Against The Assessment Order Passed By The Faceless Appeal Centre On 19/9/2022 Under Section 143 (3) Of The Income Tax Act, 1961 Was Dismissed. 2. The Only Dispute In This Appeal Is That Assessee Has Invested Surplus Amount In Fixed Deposits With State Bank Of India & Earned Interest Of ₹ 1,176,084/–. The Assessee Claimed Deduction Under Section 80 (P) (2) Of The Act Which Was Denied To The Assessee & Is Contested In This Appeal. 3. The Brief Facts Of The Case Shows That Assessee Is A Co-Operative Society Registered Under The Maharashtra State Cooperative Societies Act, 1961 Page 1 Of 6

Section 143Section 144Section 80

interest on loan to its members and interest from fixed deposits. The assessee filed its return of income on 12/2/2021 wherein the gross total income of assessee was computed at ₹ 13,854,411/– and entire amount has been claimed as a deduction under 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

Saurashtra Jain Mutually Aided Co-Operative Society, Hyderabad vs. Income Tax Officer, Ward- 5(1), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 609/HYD/2024[2017-2018]Status: DisposedITAT Hyderabad26 Jun 2024AY 2017-2018

Bench: Shri Manjunatha, G.आ.अपी.सं /Ita No.609/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2017-18) The Saurashtra Jain Vs. Income Tax Officer Mutually Aided Ward 5(2) Cooperative Credit Society Hyderabad Ltd, Hyderabad Pan:Aayfs9752K (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Adv. Syed Jameeluddin रधजस् व द्वधरध/Revenue By:: Smt. P. Sumitha, Dr सुिवधई की तधरीख/Date Of Hearing: 26/06/2024 घोर्णध की तधरीख/Pronouncement: 26/06/2024 आदेश/Order

For Appellant: Adv. Syed JameeluddinFor Respondent: : Smt. P. Sumitha, DR
Section 143(3)Section 80P(2)(a)Section 80P(2)(d)

Facts of the case, in brief, are that the assessee a Mutually Aided Cooperative Credit Society Ltd filed its return of income admitting gross total income of Rs.15,48,162 and claimed deduction u/s 80P(2)(a)(i) of the I.T. Act, 1961. The case was Page ... erred in directing the Assessing Officer to assess the total income at Rs.15,48,062/- which is the gross total income declared by the assessee before claiming deduction u/s 80P(2)(a)(i) of the I.T. Act, 1961 by mis- interpreting the PAN of the assessee even though the assessee

Sarvodaya Credit Co Op Society Ltd Barkur, Udupi vs. Income-Tax Officer, Ward-1, Udupi

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

ITA 746/BANG/2024[2017-18]Status: DisposedITAT Bangalore25 Jun 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadavsarvodaya Credit Co-Op. The Income Tax Officer Society Ltd. Ward -2, Udupi Car Street, Barkur Vs. Udupi 576210 Pan – Aaeas9576Q (Appellant) (Respondent) Assessee By: Smt. Sheetal Borkar, Advocate Revenue By: Ms. Neha Sahay, Jcit-Dr Date Of Hearing: 25.06.2024 Date Of Pronouncement: 25.06.2024 O R D E R Per: Prakash Chand Yadav, J.M. This Appeal Filed By The Assessee Challenges The Din & Order No. Itba/Nfac/S/2003-24/1061360577(1) Of The National Faceless Appeal Centre, Delhi (Cit(A)) Dated 22.02.2024 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) In Respect Of Assessment Year (Ay) 2017-18. 2. The Brief Facts Of The Case Are That The Assessee Society Filed Its Return Of Income(Roi) On 06.11.2017 Declaring Gross Total Income Of Rs.18,34,325/- & Net Income As Nil. Roi Filed By Assessee Was Selected For Scrutiny, After Issuing Statutory Notices. During The Course Of Assessment Proceedings The Ld. Assessing Officer (Ao) Treated Certain Income Of The Assessee As Income From Other Sources(Ios) & Without Giving The Benefit Of The Expenses Attributable Ios Assessed The Entire Income Under The Head ‘Income From Other Sources’. The Ao Further Added Rs. 1,90,000/- On Account Of The Provisions Made By Assessee With 2 Sarvodaya Credit Co-Op. Society Ltd. Respect To Employee’S Retirement Fund & Provision With Respect To Nps Fund Amounting To Rs.27,57,696/-.

For Appellant: Smt. Sheetal Borkar, AdvocateFor Respondent: Ms. Neha Sahay, JCIT-DR
Section 250Section 57Section 80PSection 80P(2)(a)

brief facts of the case are that the assessee society filed its return of income(ROI) on 06.11.2017 declaring gross total income of Rs.18,34,325/- and net income as Nil. ROI filed by assessee was selected for scrutiny, after issuing statutory notices. During the course of assessment proceedings

Shri Ganesh Urban Cooperative Credit Society Limited, Aurangabad vs. Income Tax Officer, Ward-1(1), Aurangabad

In the result, appeal of the assessee is partly allowed

ITA 196/PUN/2024[2017-18]Status: DisposedITAT Pune21 Jun 2024AY 2017-18

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.196/Pun/2024 िनधा"रण वष" / Assessment Year:2017-18 Shri Ganesh Urban V The Income Tax Officer, Cooperative Credit Society S Ward-1(1), Aurangabad. Limited, Main Market, Sarafa Galli, Sillod, Auranbabad – 431112. Pan: Aagas6006D Appellant/ Assessee Respondent /Revenue Assessee By None Revenue By Shri Arvind Desai – Dr Date Of Hearing 13/06/2024 Date Of Pronouncement 21/06/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] Under Section 250 Of The Act, Dated 05.12.2023 For The A.Y.2017-18. The Assessee Has Raised The Following Grounds Of Appeal : “Being Aggrieved By The Order Of Ld. Cit (A), Income Tax Department, Nfac U/S. 250 Of The It Act, 1961 Vide Order No.Itba/Nfac/S/250/2023-24/1058480083(1), Dated 05/12/2023. The Said Order Is Passed By Dismissing Appeal Filed By The Appellant Society Against The Order Passed By The Assessing Officer Ward 1(4), Aurangabad, [Now Ward 1(1), Aurangabad] Hence The Appellant Society Shri Ganesh Urban Cooperative Credit Society Limited [A]

Section 143(3)Section 234BSection 250Section 69ASection 80Section 80P(2)(a)

business of providing credit facilities to its members by a co- operative society and hence, it is certainly eligible for deduction from the gross total income under Section 80P(2)(a)(i) of the Act. Further, appellant society has received interest bearing funds/deposits from the members and out of which