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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

Shree Durgamata Co-Operative Credit Soc Ltd., Mumbai vs. CIT (A) - NFAC, Delhi

In the result the appeal filed by the appeal is allowed

ITA 414/MUM/2023[2017-18]Status: DisposedITAT Mumbai03 May 2023AY 2017-18

Bench: Shir Pavan Kumar Gadaleshree Durgamata Co-Op Vs. Cit(A)-Nfac, Society Ltd, Room.No 245-A, Room.No.52,Khandkebldg. North Block, No.12,Jksawantmarg, New Delhi, Opp Shivaji Mandir, Delhi-110001. Dadar (W), Mumbai-400028. Pan/Gir No. : Aagas9038K Appellant .. Respondent Appellant By : Shri.Gautam Gokhale.Ar Respondent By : Shri.Rajendra Chandekar.Dr Date Of Hearing 01.05.2023 Date Of Pronouncement 01.05.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi/Cit(A) Passed U/Sec 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri.Gautam Gokhale.ARFor Respondent: Shri.Rajendra Chandekar.DR
Section 144Section 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 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

Chitra Jain, Jaipur vs. Income Tax Officer Ward 1(4), Jaipur

In the result, appeal of the assessee is allowed for statistical purpose

ITA 26/JPR/2023[2014-15]Status: DisposedITAT Jaipur03 May 2023AY 2014-15

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. Rajeev Sogani(CA) &For Respondent: Smt Monisha Choudhary (Addl. CIT)
Section 143(3)Section 271(1)(c)Section 54

from other sources Rs. 2,03,780/- and claimed loss of Rs. 14,10,754/- under long term capital gain head, thus shown gross total income of Rs. 3,89,142/- and after claiming deduction under chapter-VIA for Rs. 1,10,000/- it has shown total 3 Chitra Jain

Anagha Kishor Chaudhari, Mumbai vs. Commissioner of Income Tax (Appeal), Mumbai

In the result, appeal filed by the assessee is allowed

ITA 3200/MUM/2022[2021-22]Status: DisposedITAT Mumbai02 May 2023AY 2021-22

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleanagha Kishor Chaudhari V. Commissioner Of Income Tax (Appeals) Room No. 245-A, North Block 1505, Sea Flama Dosti Flamingo New Delhi- 110001 T J Road, Sewree Mumbai- 400015 Pan: Aakpc6578K (Appellant) (Respondent) Assessee Represented By : Shri Kishor P. Chaudhari Department Represented By : Shri Minal Kamble

Section 115BSection 139(1)Section 139(5)Section 143(1)Section 154

Kishor Chaudhari 2. Brief facts of the case are, assessee filed its return of income for the A.Y. 2021-2022 on 09.02.2022 declaring gross total income at ₹.3,89,440/- by claiming deduction under Chapter VI-A and remitted the tax of ₹.11,90,549/- and Centralized Processing Centre, Income ... processing the revised return of income the CPC has considered the total gross income and determined the tax liability as per the gross total income declared in revised return Page No. | 2 Anagha Kishor Chaudhari of income, the tax liability determined by the CPC was more than the tax liability

Honourable Packaging P Ltd, Dhar vs. The DCIT 1(1), Indore

In the result, the appeal of the assessee is dismissed

ITA 348/IND/2022[2017-18]Status: DisposedITAT Indore28 Apr 2023AY 2017-18

Bench: The Due Date Of Filing Of The Income Tax Return & Can It Be Disallowed In The 143(1).

Section 143(1)Section 143(1)(a)Section 154Section 2Section 36(1)(va)

Normal payment charges Business Expenditures 2.3. The CPC not considered the above facts and issued intimation u/s. 143(1) determining the gross total income of Rs. 45,61,894/- (43,85,560/-+2,13,334/-). As against the above intimation, the assessee filed rectification application u/s. 154 to delete ... addition of Rs. 2,13,334/- which was added erroneously. The CPC vide rectification order dated 14.05.2019 determined the gross total income at Rs. 50,96,126/- by making further addition of PF and ESIC of Rs. 5,34,232/- which was alleged to be deposited after the due date

Kshama Jain, Delhi vs. ITO, Ward-55(2), New Delhi

In the result, the appeal is partly allowed

ITA 8895/DEL/2019[2010-11]Status: DisposedITAT Delhi27 Apr 2023AY 2010-11

Bench: Shri Saktijit Deyassessment Year: 2010-11

Section 139(1)Section 147Section 148Section 68

addition to Rs.4,97,841 with the following observations: “4.8 However, I find that for AY 2010-11, the appellant is showing gross total income of Rs.4,78,454/- which includes receipt of cash of Rs.2,60,000/- from the tuition fee (income). For AY 2009-10 the appellant ... shown gross total income of Rs.5,05,119/- vide noting on letter for adjournment dated 16.01.2010, the appellant was asked to submit bank statement statements for FY 2009-10. However, the appellant submitted copies of bank statements for the FY 2009-10, only. Therefore, opening cash balance of Rs.19

DCIT, Jaipur vs. Rajasthan Cooperative Dairy Federation Ltd, Jaipur

In the result the appeal of the revenue in ITA No

ITA 350/JPR/2022[2018-19]Status: DisposedITAT Jaipur27 Apr 2023AY 2018-19

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri P. C. Parwal (C.A.)For Respondent: Shri Ajay Malik (CIT) fu/kZkfjrh dh vksj ls@
Section 143(2)Section 2(24)(x)Section 36(1)(va)

relevant provisions of section 80P reads as under:- “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 ... development bank.” Rajasthan Cooperative Dairy Federation Ltd. From the above provision it can be noted that deduction u/s 80P is allowable from the gross total income of the assessee and not from the specific head of income under which the same is chargeable to tax. Therefore, a cooperative society

DCIT, Jaipur vs. Rajasthan Cooperative Dairy Federation Ltd, Jaipur

In the result the appeal of the revenue in ITA No

ITA 349/JPR/2022[2016-17]Status: DisposedITAT Jaipur27 Apr 2023AY 2016-17

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri P. C. Parwal (C.A.)For Respondent: Shri Ajay Malik (CIT) fu/kZkfjrh dh vksj ls@
Section 143(2)Section 2(24)(x)Section 36(1)(va)

relevant provisions of section 80P reads as under:- “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 ... development bank.” Rajasthan Cooperative Dairy Federation Ltd. From the above provision it can be noted that deduction u/s 80P is allowable from the gross total income of the assessee and not from the specific head of income under which the same is chargeable to tax. Therefore, a cooperative society

DCIT, Jaipur vs. Rajasthan Cooperative Dairy Federation Ltd, Jaipur

In the result the appeal of the revenue in ITA No

ITA 200/JPR/2022[2017-18]Status: DisposedITAT Jaipur27 Apr 2023AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri P. C. Parwal (C.A.)For Respondent: Shri Ajay Malik (CIT) fu/kZkfjrh dh vksj ls@
Section 143(2)Section 2(24)(x)Section 36(1)(va)

relevant provisions of section 80P reads as under:- “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 ... development bank.” Rajasthan Cooperative Dairy Federation Ltd. From the above provision it can be noted that deduction u/s 80P is allowable from the gross total income of the assessee and not from the specific head of income under which the same is chargeable to tax. Therefore, a cooperative society

Ceat Employees Co-Operative Credit Society Ltd, Mumbai vs. NFAC, Mumbai

In the result, the appeal of the assessee is allowed

ITA 159/MUM/2023[2017-18]Status: DisposedITAT Mumbai26 Apr 2023AY 2017-18

Bench: Shri Amarjit Singhceat Employees Co- Vs. Nfac Operative Credit Society Income Tax Officer Ltd., Ground Floor, Cpb Bangalore C/O Ceat Ltd. Bhandup Village Road, Bhandup West Mumbai – 400078 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaaac0547M Appellant .. Respondent Appellant By : Shekhar Patwardhan Respondent By : C.T. Mathews Date Of Hearing 21.03.2023 Date Of Pronouncement 26.04.2023 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assesse Is Directed Against The Order Passed By Nfac, Delhi Dated 21.11.2022 For A.Y. 2017-18. The Assesse Has Raised The Following Grounds Before Us: “1. On The Facts & Circumstances Of The Case & Also In Law The Learned Cit Appeals Has Erred In Confirming The Disallowance Of The Deduction Claimed By The Appellant U/S 80P(2)(A)(I) 80P(2)(D) To The Tune Of Rs.1014680/- Though The Appellant Is Very Much Entitled For The Same 2. The Appellant Craves Leave To Add, Alter, Amend & Modify The Aforesaid Grounds Of Appeal At Or Any Time Before The Hearing As May Be Advised From Time To Time.” 2. The Fact In Brief Is That Assesse Is A Cooperative Society Carrying On The Business Of Giving Credit Facilities To Its Members For The Last Several Years. The Assessee Has Filed Return Of Income Declaring Total

For Appellant: Shekhar PatwardhanFor Respondent: C.T. Mathews
Section 143(1)Section 80PSection 80P(2)(a)

carrying of business of providing credit facilities to its members by a cooperative society and is liable to be deducted from the gross total income u/s 80P and also allowed the deduction u/s 80P(2)(a)(i) of the Act. We have also perused the decision of ITAT, Mumbai ... 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. 9. In this context when we look at the judgment of the Apex Court in the case

Vasant Valley Aster Tower Co-Op. Hsg. Soc. Ytd., Mumbai vs. ITO, Ward 30(2)(7), Mumbai

Accordingly, disallowance of INR 24,35,082/- made by the Assessing Officer and confirmed by CIT(A) is deleted and Ground No.1 raised by the Appellant is allowed

ITA 433/MUM/2023[2017-18]Status: DisposedITAT Mumbai25 Apr 2023AY 2017-18
For Appellant: Shri J.P. PurohitFor Respondent: Ms. Naina K. Kumar
Section 143(1)Section 143(3)Section 80Section 80P(2)(d)

society by way of interest or dividend from its investments with other coop society if such income is included in the gross total income of such coop society. In view these facts and circumstances we are of the considered view that the assessee is entitled to the deduction ... 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

Kalpataru Estate Building Building No.2 Co Op Hsg Soc Ltd., Mumbai vs. Add/Jt/Dy/ACIT, NFAC, Delhi

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

ITA 455/MUM/2023[2018-19]Status: DisposedITAT Mumbai21 Apr 2023AY 2018-19

Bench: Shri B.R. Baskaran (Am) & Shri Rahul Chaudhary (Jm)

Section 80PSection 80P(2)(d)

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 ... 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

Rustomjee Regency 1 Co-Op Housing Society, Mumbai vs. CIT, CPC, Bangalore

In the result the appeal filed by the appeal is allowed

ITA 588/MUM/2023[2021-2022]Status: DisposedITAT Mumbai20 Apr 2023AY 2021-2022

Bench: Shir Pavan Kumar Gadalerustomjee Regency 1 Vs. Acit,Cpc Co-Op Housing Society Bangalore Cts No. 921/1, Rustom Irani Marg, Off Js Road, Dahisar (E), Mumbai – 400068. Pan/Gir No. : Aaaar6262J Appellant .. Respondent Appellant By : Shri.Mayur Makadia.Ar Respondent By : Smt.Jayashree Thakur.Dr Date Of Hearing 26.04.2023 Date Of Pronouncement 28.04.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi/Cit(A) Passed U/Sec 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri.Mayur Makadia.ARFor Respondent: Smt.Jayashree Thakur.DR
Section 143(1)Section 80Section 80PSection 80P(2)(d)

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

Rajesh Gupta, Kota vs. Income Tax Officer, Ward -2(2), Kota

In the result, appeal of the assessee is allowed

ITA 446/JPR/2022[2016-17]Status: DisposedITAT Jaipur20 Apr 2023AY 2016-17

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. Vipul Jain (CA)For Respondent: Smt Chanchal Meena (Addl. CIT)
Section 131Section 142(1)Section 143(2)Section 143(3)Section 44A

appellant claimed deduction of Life Insurance Premium u/s 80C of the Act of Rs. 1,35,000/- in his return of income but gross total income was only Rs. 71,133/- and deduction can not be claimed more than the gross total income. The Assessing Officer is directed to examine

Moreshwar Krupa Co Op Housing Society Ltd, Mumbai vs. ITO, 29(2)(2), Mumbai

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

ITA 403/MUM/2023[2017-18]Status: DisposedITAT Mumbai19 Apr 2023AY 2017-18

Bench: Shri B.R. Baskaran (Am) & Shri Rahul Chaudhary (Jm)

Section 80PSection 80P(2)(d)

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 ... Where in the case of 6 Moreshwar Krupa Co. of Housing Society Ltd. 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, the sums

The Dohad Saifee Co-Operative Housing Society Ltd., Mumbai vs. DCIT/ACIT, CPC, Mumbai

In the result, appeal filed by the assessee is allowed

ITA 378/MUM/2023[2020-21]Status: DisposedITAT Mumbai19 Apr 2023AY 2020-21

Bench: Shri S. Rifaur Rahman, Hon'Blethe Dohad Saifee Co-Operative V. Dcit/Acit, Cpc Bangalore Housing Society Limited Kautilya Bhavan Plot No. 10/6 Dohad Saifee Chs Mumbai- 400051 9Th N.S. Road, J.V.P.D. Scheme Vile Parle (W), Mumbai- 400049 Pan: Aabat1406F (Appellant) (Respondent)

Section 143(3)Section 154Section 234ASection 80PSection 80P(2)(a)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

ITO Ward-3(4), Thane vs. Tarangan II Chsl, Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 365/MUM/2023[2014-2015]Status: DisposedITAT Mumbai19 Apr 2023AY 2014-2015

Bench: Shri S. Rifaur Rahman, Hon'Bleito Ward -3(4) V. Tarangan Ii Chsl Room No. 9, B-Wing, 6Th Floor Plot No. 31, Pokharan Rd No. 1 Cadbury Compound Ashar It Park, Wagle Industrial Estate Thane (W)- 400604 Thane- 400606 Pan: Aabat4695G (Appellant) (Respondent) Assessee Represented By : None Department Represented By : Shri S N Kabra

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

DCIT-2(3), Mumbai vs. M/S. Zensar Technologies Ltd., Mumbai

In the result, the appeal is partly allowed

ITA 5653/MUM/2009[2004-05]Status: DisposedITAT Mumbai19 Apr 2023AY 2004-05

Bench: Amit Shukla () & Ms. Padmavathy S. ()

Section 10ASection 80Section 92

assessee on account of there being no business income of the nature referred to in the Section 80-HHE was included in the gross total income after set-off of brought forward business losses. 4. The CIT(A) erred in allowing the depreciation of Rs.6,33.792/- on account of software ... losses. The Assessee submitted before the Assessing Officer that as per section 80A, the deduction under section 80HHE shall be allowed against the gross total income and that though the assessee had Nil business income after set off of brought forward business loss, the Assessee is having capital gains & Income

M/S Indore Mandal Dak Tar Karamchari Sehakari Sanstha Maryadit, Indore vs. The ITO 5 (1), Indore

Appeal of the assessee is partly allowed for statistical purpose

ITA 400/IND/2022[2017-18]Status: DisposedITAT Indore10 Apr 2023AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

For Appellant: Shri Venus Rawka, C.AFor Respondent: Shri Ashish Porwal, Sr. D.R
Section 143(2)Section 80P

assessee society has claimed deduction u/s 80P of the Income Tax Act, 1961 of Rs. 1,21,85,904/- out of gross total income of Rs. 1,21,85,904/-. The case was selected for scrutiny assessment for ‘Limited Purpose’ and subsequently statutory notice

Shri Javaid Iqbal Tara, Sapore vs. Income Tax Officer Ward-3(5), Baramula

In the result, appeal of the assessee is dismissed

ITA 285/ASR/2019[2012-13]Status: DisposedITAT Amritsar30 Mar 2023AY 2012-13

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: NoneFor Respondent: Sh. Amit Jain, Sr. DR

after claiming deduction under chapter VIA/Sec 80C at Rs. 8,09,000/-. The AO discussed that the assessee had declared Gross Total income of Rs. 12,61,928 /- in his return of income. After reducing the salary income of Rs. 6,40,337 and agricultural income of Rs.4 ... assessee is working as an engineer with the R&B Department of the J&K Govt. Return of income was filed declaring a Gross total income of Rs. 12, 61, 928/-. Net taxable income was shown at Rs. 4, 52, 928/-after claiming deduction under chapter VIA/Sec

Chhitar Singh, Greater Noida vs. DCIT, Central Circle, Noida

In the result, the appeal filed by the assessee for AY 2012-13 is partly allowed

ITA 358/DEL/2019[2015-16]Status: DisposedITAT Delhi29 Mar 2023AY 2015-16

Bench: Shri C.M. Garg & Shri Pradip Kumar Kedia

For Appellant: Shri Sandeep Jain, CAFor Respondent: Shri T. James Singson, CIT, DR

copy of income-tax return of Shri Rohit Gupta for AY 2012-13 and 2013-14 wherein Shri Rohit Gupta has shown gross total income at Rs.52,08,434/- and Rs.1,17,93,294/- respectively, then, the identity, capacity and credit worthiness of lender cannot be doubted or disputed