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TMI Blog1984 (1) TMI 145X X X X Extracts X X X X X X X X Extracts X X X X ..... on under section 80T of the Income-tax Act, 1961 ('the Act'). 2. The assessee is an individual. In the previous year ended 31-12-1979, corresponding to the assessment year 1980-81, the assessee had shown loss of Rs. 44,208 under the head 'Profits and gains of business or profession'. The assessee also had capital gains of Rs. 29,600 from the sale of the property as well as certain shares. Accordi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he revenue is in appeal to contend that the deduction under section 80T is not a step in the computation of the capital gains but a step in the computation of the net taxable income and should succeed the determination of gross total income which could be arrived at only by setting off the income from one head against the loss from another head. Reliance was placed on the decision of the Madras Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under section 80T only out of the gross total income. The intention of the Parliament appears to be that where the assessee has taxable capital gains, the assessee would be entitled to some deduction under section 80T. But, if there is no taxable capital gains in the sense that capital gain is set off against the loss under some other head of income, then the assessee is not entitled to any deduct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... justification to demand further compulsory deposit. Though the ground has been taken to say that the AAC had no jurisdiction to deal with the question of compulsory deposit, it was obvious that there is no miscarriage of justice in this direction. Therefore, we are not called upon to interfere the order in this respect. The appeal is treated as allowed. X X X X Extracts X X X X X X X X Extracts X X X X
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