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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 Andaluru Large Size Co-Operative Society Anadaluru, Andaluru vs. Assistant Commissioner of Income Tax, Circle-1, Rajahmundry

In the result, appeal of the Revenue is dismissed

ITA 58/VIZ/2024[2018-19]Status: DisposedITAT Visakhapatnam27 Mar 2024AY 2018-19

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./ I.T.A. No.58/Viz/2024 (निर्धारण वर्ा / Assessment Year : 2018-19) The Andaluru Large Size Co- Vs. The Asst. Commissioner Of Operative Society Andaluru, Income Tax, D. No. 3-77, Main Road, Circle-1, Andaluru, West Godavari Dist, Rajahmundry. Andhra Pradesh – 534238. Pan: Aacat 1978 M (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधर्थी की ओर से/ Appellant By : Sri Gvn Hari, Ar प्रत्यधर्थी की ओर से / Respondent By : Dr. Aparna Villuri, Sr. Ar सुिवधई की तधरीख / Date Of Hearing : 21/03/2024 घोर्णध की तधरीख/Date Of : 27/03/2024 Pronouncement O R D E R Per Duvvuru Rl Reddy:

For Appellant: Sri GVN Hari, ARFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 143(2)Section 143(3)Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(2)(d)

applied. Section 80P(1) of the Act entitles the Cooperative Societies to deduct the sums specified in sub-section (2) from its gross total income while computing the total income. Sub-section (2) of section 80P, in the sub-clause (a) allows deduction to cooperative society which is engaged

Income Tax Officers, Ward-1, Jalna, Aayakar Bhawan, Sirashwadi Road, Nr. T.V Centre vs. Mahesh Nagari Sahakari Pathsanstha Limited, Swami Complex First Floor

In the result, appeal of the Revenue is dismissed

ITA 1229/PUN/2023[2018]Status: DisposedITAT Pune26 Mar 2024

Bench: Shri Partha Sarathi Chaudhuryand Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.1229/Pun/2023 िनधा"रण वष" / Assessment Year :2018-19 The Income Tax Officer, Mahesh Nagari Ward-1, Jalna. V Sahakaripathastha Limited, S 14, Swami Complex, First Floor, Sarojinidevi Road, Jalna – 431203. Pan: Aaaam5643C Appellant / Revenue Respondent /Assessee Assessee By None. Revenue By Shri R.Y.Balawade – Addl.Cit Date Of Hearing 11/03/2024 Date Of Pronouncement 26/03/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Revenue Against The Order Of Ld.Commissioner Of Income Tax Appeal[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 Dated 26.09.2023 For A.Y.2018-19. The Grounds Of Appeal Raised By The Revenue Are As Under : “I) On The Fact & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Allowing Deduction U/S 80P(2)(A)(I) Of The Act To The Assessee. Mahesh Nagari Sahakari Pathsanstha [R]

Section 250Section 70Section 80PSection 80P(2)(a)

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." Reliance is placed on following citations of jurisdictional ITAT, i.e., PUNE ITAT. 1. Jan Kalyan Nagri Sahakari