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“deduction under section 80IA”

DeductionsSection 80IASection 80IA554 judgments

The decision most relied on for deduction under section 80IA is Liberty India v. CIT (317 ITR 218), cited in 571 judgments on BharatTax.

Leading authorities on deduction under section 80IA

Liberty India v. CIT
317 ITR 218 · 2009 · Supreme Court
571
citing judgments

The Supreme Court clarified that for profits and gains to be eligible for deductions under sections like 10B, 80IA, or 80IB, the income must be "derived from" or have a direct nexus to the eligible business activity. Income from incidental sources like the sale of scrips/licenses or interest on employee loans is generally not considered as derived from the eligible business for such deductions.

Pandian Chemicals Ltd. v. CIT
262 ITR 278 · 2003 · Supreme Court
353
citing judgments

Income eligible for deduction under Section 80IA or 80IC must have a direct nexus with the eligible business activity of the industrial undertaking. Income merely incidental to the business, even if part of the assessee's overall business, is not considered "derived from" the eligible undertaking.

M.M.Aqua Technologies Limited v. CIT
436 ITR 582 · 2021 · Supreme Court
308
citing judgments

Amendments to tax law that impose new obligations or change existing legal positions apply prospectively, even if stated to be "for the removal of doubts." The judgment also clarifies that deductions under Section 43B are allowed only on actual payment, overriding the mercantile system of accounting.

Bajaj Tempo Ltd. v. CIT
196 ITR 188 · 1992 · Supreme Court
289
citing judgments

Provisions in taxing statutes that grant incentives, concessions, or exemptions for promoting economic growth and industrialization must be interpreted liberally and purposively. Any restrictions placed on such provisions should also be construed reasonably to advance their objective, not frustrate it.

CIT v. ABG Heavy Industries Ltd.
322 ITR 323 · 2010 · High Court
229
citing judgments

The Assessing Officer cannot deny a Section 80IA deduction by merely asserting that the assessee is not a "developer" without considering the relevant agreements and facts. Entitlement to Section 80IA deduction requires a thorough examination of the assessee's role as a developer.

CIT v. Paul Brothers
216 ITR 548 · 1995 · High Court
164
citing judgments

Once a claim for deduction under section 80-IA or 80-IB is allowed in the initial assessment year and is not subsequently withdrawn, the revenue is estopped from denying the deduction for subsequent years on the same grounds.

CIT v. Contimeters Electricals (P.) Ltd.
317 ITR 249 · 2009 · High Court
140
citing judgments

The requirement to file an audit report along with the return of income under section 80-IA(7) and similar provisions is directory, not mandatory. Such a report suffices if filed at any time before the assessment is framed.

CIT v. Karnal Co-operative Sugar Mills Ltd.
243 ITR 2 · 2000 · Supreme Court
125
citing judgments

Income earned from deposits or investments directly and inextricably linked to the acquisition of assets or the setting up of a business project during its construction period is incidental to the asset acquisition, reducing the project cost, or constitutes business receipts eligible for relevant deductions, rather than 'income from other sources'.

Judgments citing deduction under section 80IA

DCIT 3(2)(1), Mumbai vs. Maharashtra Airport Developement Co. Ltd, Mumbai

ITA 3704/MUM/2017[2012-13]Status: DisposedITAT Mumbai15 Mar 2024AY 2012-13

Bench: Shri Kuldip Singh & Ms. Padmavathy Sassessment Year: 2008-09 Assessment Year: 2012-13 Assessment Year: 2015-16 M/S. Maharashtra Airport Deputy Commissioner Of Development Company Income Tax, Ltd., Circle (3)(2)(1), 6Th Floor, Room No.608, 6Th Floor, Vs. World Trade Centre, Aayakar Bhawan, Tower No.1, Cuffe Parade, M.K. Road, Mumbai – 400 005 Mumbai - 400020 Pan: Aadcm9623M (Appellant) (Respondent) Assessment Year: 2008-09 Assessment Year: 2012-13 Assessment Year: 2013-14 Assessment Year: 2014-15 Assessment Year: 2015-16 Dy/Asst. Commissioner Of M/S. Maharashtra Airport Income Tax-(3)(2)(1), Development Co. Ltd., Vs. 12Th Floor, Room No.608/674, 6Th Floor, World Trade Centre, Aayakar Bhavan, Tower No.1, Cuffe Parade

For Appellant: Shri Rushabh Mehta, A.RFor Respondent: Smt Sanyogita Nagpal, D.R
Section 80I

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “D”, MUMBAI BEFORE SHRI KULDIP SINGH, JUDICIAL MEMBER AND MS. PADMAVATHY S

Maharashtra Airport Development Company Ltd, Mumbai vs. DCIT Cir 3(2)(1), Mumbai

ITA 3682/MUM/2017[2012-13]Status: DisposedITAT Mumbai15 Mar 2024AY 2012-13

Bench: Shri Kuldip Singh & Ms. Padmavathy S

Section 80I

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “D”, MUMBAI BEFORE SHRI KULDIP SINGH, JUDICIAL MEMBER AND MS. PADMAVATHY S

Tata Elxsi Limited, Bangalore vs. Deputy Commisioner Incomer Tax, Circle-7(1)(1), Bangalore

Accordingly, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 1152/BANG/2023[2018-19]Status: DisposedITAT Bangalore28 Feb 2024AY 2018-19

Bench: Shri Narender Kumar Choudhry & Shri Laxmi Prasad Sahuassessment Year : 2018-19 M/S. Tata Elxsi Ltd., The Deputy 126, Itpb Road, Commissioner Hoody, Of Income Tax, Whitefield, Circle – 7(1)(1), Bangalore – 560 048. Bangalore. Vs. Pan: Aaact7872Q Appellant Respondent

For Appellant: Shri Padam Chand Khincha, CAFor Respondent: Shri Subramanian .S, JCIT DR
Section 10ASection 10A(9)Section 250

applicable to the facts of the present case for the following reasons:- “Firstly the said judgement deals with deduction under section 80IA which falls under Chapter VI-A and is therefore covered by provisions of section 80AB (i.e. the deeming fiction to provide deduction only from income as included

Torrent Pharmaceuticals Ltd., Ahmedabad vs. ACIT, Circle-4(1)(2), Ahmedabad

In the result appeal of the Revenue is hereby partly allowed

ITA 1172/AHD/2019[2015-16]Status: DisposedITAT Ahmedabad26 Feb 2024AY 2015-16

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

For Appellant: Shri Vartik Choksi, With Shri DhrunalBhatt, ARsFor Respondent: Shri Ritesh Parmar, CIT-DR
Section 143(3)Section 14ASection 35Section 43BSection 80

view, the Tribunal committed no error. 23.6 The above judgment of the Hon’ble High Court was in connection with the deduction under section 80IA of the Act but in our considered opinion, the same will also be applicable on the issue on hand as the provision of section 80IA

Itd Cementation India Ltd, Mumbai vs. DCIT CC-5(1), Mumbai

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

ITA 1401/MUM/2023[2018-19]Status: DisposedITAT Mumbai22 Feb 2024AY 2018-19

Bench: Shri Vikas Awasthy, Jm & Shri Prashant Maharishi, Am Dcit Itd Cementation India Ltd. Central Circle 5(1) 9Th Floor, Prima Bay, Room No.1928, 19 Th Floor, Tower-B, Gate No.5, Air India Building, Vs. Saki Vihar Road, Powai, Nariman Point, Mumbai-400 072 Mumbai-400 021 (Appellant) (Respondent) Pan No. Aaact1426A Assessee By : Shri Vijay Mehta, Ar Revenue By : Shri Ramkrishna Bandi, Cit Dr Date Of Hearing: 18.12.2023 Date Of Pronouncement : 22.02.2024

For Appellant: Shri Vijay Mehta, ARFor Respondent: Shri Ramkrishna Bandi, CIT DR
Section 115Section 115JSection 143(3)Section 144BSection 14ASection 36(1)(va)Section 80Section 80I

under normal computation and it was also added to the book profit u/s 115 JB of the Act. ii. The assessee claimed deduction under Section 80IA of the Act of ₹28,982 lacs in respect of 16 ITD Cementation India Ltd; A.Y. 2018-19 different projects. The learned Assessing Officer ... normal computation of income as well as in the book profit, was deleted. ii. With respect to the deduction under Section 80IA of the Act, the learned CIT (A) noted that he asked the assessee to submit the facts of the claim completely with respect to the scope of work

Shree Cement Limited, Beawar vs. National Faceless Assessment Centre, Delhi

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

ITA 500/JPR/2023[215-16]Status: DisposedITAT Jaipur21 Feb 2024

Bench: or at the time of hearing of this appeal.

For Appellant: Sh. Dilip B Desai(C.A.)For Respondent: Sh. Alka Gautam (CIT) (V.H) &
Section 115JSection 143Section 143(3)Section 144BSection 144B(1)(xvi)Section 80Section 80I

merits in the ground No. 3 raised by assessee and therefore, the same is dismissed. 21. Ground No. 4 relates to exclusion of deduction under section 80IA in computing Book Profit under section 115JB of the Act. 22. Brief facts of this case that the assessee has claimed deduction ... brought into play by virtue of sub-sections (4) of section 115JA and (5) of section 115JB." ACIT vs. Shree Cement Ltd. 46. Deduction under Section 80IA, 80IC etc. reflect specific and clear intention of legislature to grant tax holiday in respect of specified business in those sections

Shree Cement Limited, Beawar vs. National Faceless Assessment Assessment Centre, Deputy Commissioner of Income Tax, Circle-2, Ajmer

ITA 497/JPR/2023[2017-18]Status: DisposedITAT Jaipur21 Feb 2024AY 2017-18
Section 115JSection 143Section 143(3)Section 144B(1)(xvi)Section 80Section 80I

merits in the ground No. 3 raised by assessee and therefore, the same is dismissed. 21. Ground No. 4 relates to exclusion of deduction under section 80IA in computing Book Profit under section 115JB of the Act. 22. Brief facts of this case that the assessee has claimed deduction

Shree Cement Limited, Beawar vs. National Faceless Assessment Centre, Deputy Commissionerof Income Tax, Circle -2, Ajmer

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

ITA 496/JPR/2023[2016-17]Status: DisposedITAT Jaipur21 Feb 2024AY 2016-17

Bench: or at the time of hearing of this appeal.

For Appellant: Sh. Dilip B Desai(C.A.)For Respondent: Sh. Alka Gautam (CIT) (V.H) &
Section 115JSection 143Section 143(3)Section 144BSection 144B(1)(xvi)Section 80Section 80I

merits in the ground No. 3 raised by assessee and therefore, the same is dismissed. 21. Ground No. 4 relates to exclusion of deduction under section 80IA in computing Book Profit under section 115JB of the Act. 22. Brief facts of this case that the assessee has claimed deduction ... brought into play by virtue of sub-sections (4) of section 115JA and (5) of section 115JB." ACIT vs. Shree Cement Ltd. 46. Deduction under Section 80IA, 80IC etc. reflect specific and clear intention of legislature to grant tax holiday in respect of specified business in those sections

Assisstant Commissioner of Income Tax, Ajmer vs. Shree Cement Ltd, Beawar

ITA 490/JPR/2023[2016-17]Status: DisposedITAT Jaipur21 Feb 2024AY 2016-17
Section 115JSection 143Section 143(3)Section 144B(1)(xvi)Section 80Section 80I

merits in the ground No. 3 raised by assessee and therefore, the same is dismissed. 21. Ground No. 4 relates to exclusion of deduction under section 80IA in computing Book Profit under section 115JB of the Act. 22. Brief facts of this case that the assessee has claimed deduction

Assisstant Commissioner of Income Tax, Ajmer vs. Shree Cement Ltd, Beawar

ITA 489/JPR/2023[2015-16]Status: DisposedITAT Jaipur21 Feb 2024AY 2015-16
For Appellant: Sh. Dilip B Desai(C.A.)For Respondent: Sh. Alka Gautam (CIT) (V.H) &
Section 115JSection 143Section 143(3)Section 144B(1)(xvi)Section 80Section 80I

merits in the ground No. 3 raised by assessee and therefore, the same is dismissed. 21. Ground No. 4 relates to exclusion of deduction under section 80IA in computing Book Profit under section 115JB of the Act. 22. Brief facts of this case that the assessee has claimed deduction

ACIT-1(1)(1), Mumbai vs. M/S. Hindustan Petroleum Corporation Ltd, Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 1995/MUM/2023[2004-05]Status: DisposedITAT Mumbai07 Feb 2024AY 2004-05

Bench: Shri Aby T Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

Section 80I

issue raised by the revenue in Ground No.1 are, in the assessment proceedings the Assessing Officer observed that assessee has claimed deduction under section 80IA on the profit of Generation of electricity to the extent of ₹.972.33 Lakhs in the A.Y.2003-04. The scrutiny of the Profit and Loss account ... that the generation of electricity resulted in loss to the assessee there was no profit and the assessee is not entitled to any deduction under section 80IA of the Act. Page No. 4 ITA NOs. 1994 & 1995/MUM/2023 CO NOs. 109 & 110/MUM/2023 Hindustan Petroleum Corporation Limited 9. On enquiry, assessee

ACIT-1(1)(1), Mumbai vs. M/S. Hindustan Petroleum Corporation Ltd, Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 1994/MUM/2023[2003-04]Status: DisposedITAT Mumbai07 Feb 2024AY 2003-04

Bench: Shri Aby T Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

Section 80I

issue raised by the revenue in Ground No.1 are, in the assessment proceedings the Assessing Officer observed that assessee has claimed deduction under section 80IA on the profit of Generation of electricity to the extent of ₹.972.33 Lakhs in the A.Y.2003-04. The scrutiny of the Profit and Loss account ... that the generation of electricity resulted in loss to the assessee there was no profit and the assessee is not entitled to any deduction under section 80IA of the Act. Page No. 4 ITA NOs. 1994 & 1995/MUM/2023 CO NOs. 109 & 110/MUM/2023 Hindustan Petroleum Corporation Limited 9. On enquiry, assessee

Nitco Paints Pvt Ltd, Mumbai vs. DCIT-Circle 5(2)(1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 2912/MUM/2023[2018-19]Status: DisposedITAT Mumbai06 Feb 2024AY 2018-19

Bench: Shri Kuldip Singh, Jm & Ms Padmavathy S, Am

For Appellant: Shri Vimal Punmiya &For Respondent: Shri Ashok Kumar Ambastha
Section 234ASection 270ASection 801A(4)(iv)Section 80I

turnover of the undertaking". The AO noticed that the assessee has claimed against the income from sale of windmill energy a deduction under section 80IA(4)(iv) amounting to Rs. 54,18,557/-. The AO called on the assessee to furnish details with regard to generation and sale windmill energy ... along with justification for claiming deduction under section 80IA(4)(iv) of the Act. The assessee submitted before the AO that windmill energy to the tune of Nitco Paints Ltd. Rs. 76,34,950/- was sold to M/s Maharashtra State Electricity Distribution Company Ltd. and submitted the supporting documents

Bsc C&C Joint Venture, New Delhi vs. DCIT, Circle-61(1), New Delhi

In the result, appeal of the assessee is partly allowed for statistical purposes

ITA 2284/DEL/2022[2018-19]Status: DisposedITAT Delhi06 Feb 2024AY 2018-19

Bench: SHRI G.S. PANNU (Vice President), SHRI ANUBHAV SHARMA (Judicial Member)

For Appellant: Sh. Tarandeep Singh, AdvFor Respondent: Sh. Vivek Kumar Upadhyay, Sr. DR
Section 143(3)Section 234BSection 40Section 801A(4)(i)Section 80I

deduction claimed NIL u/s. 80IA as discussed in para 2.5.5 Total assessed income Rs. 49,81,91,872/- 4.3 The claim of deduction under section 80IA(4) was denied and taken as ‘NIL’. Accordingly, the final assessment was completed on 29.07.2022 by the AO under section 143(3)/ 92CA/ 144C ... International Ltd. are neither Central Govt. nor State Govt. nor a Local Authority nor any other statutory body. Therefore basic condition for claiming deduction under section 80IA(4) is not satisfied in respect of their 5 projects viz. Danapur ROB, Subansari, Ganga Bridge Digha, Ganga Bridge Sonpur and Muzzafarpur

Roadstar Investment Mangers Ltd, Mumbai vs. ACIT Circle 14 (1)(1), Mumbai

In the result, ground No.1 of the appeal of the Assessee is allowed

ITA 3311/MUM/2023[2014-15]Status: DisposedITAT Mumbai31 Jan 2024AY 2014-15

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm Roadstar Investment The Assistant Managers Ltd. Commissioner Of Income Plot No.C-22, G Block, Tax, Circle 14(1)(1) Vs. Bkc, Bandra (East), Room No.432, Mumbai – 400 051 Aaykar Bhawan, M.K. Road, Mumbai - 400020 (Appellant) (Respondent)

For Appellant: Mr. Bhupal Rapelli &For Respondent: Smt. Mahita Nair, Sr. DR
Section 143(3)Section 32(1)(ii)Section 80I

total income of Rs.13,04,73,586/-. The return of income was picked up for scrutiny. The claim of the Assessee for deduction under section 80IA (4) amounting of Rs.19,26,32,423/- was examined. The same was allowed to the extent of Rs.19,24,97,698/-. During the assessment

Assistant Commissioner of Income-Tax, Circle 2(1)(1), Vadodara vs. Enviro Technology Limited, Ankleshwar

In the result, the appeal of the Department is dismissed on this issue

ITA 771/AHD/2023[2014-15]Status: DisposedITAT Ahmedabad17 Jan 2024AY 2014-15

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

For Appellant: Shri Bandish Soparkar, A.RFor Respondent: Shri Sudhendu Das, CIT D.R
Section 147Section 80Section 80I

conditions as specified in sub-clause (a) to (c) of section 80IA(4) (i). Accordingly the assessee is eligible for claim of deduction under section 80IA of the Act. Thus, the assessee succeeded on both the counts. The assessing officer is directed to allow the deduction under section 80IA claimed

D.C.I.T., Circle-6(1), Kolkata vs. M/S Birla Corporation Ltd., Kolkata

In the result, the appeal of the revenue as well as cross-objection of the assessee are partly allowed

ITA 1964/KOL/2019[2015-16]Status: DisposedITAT Kolkata16 Jan 2024AY 2015-16

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.1964/Kol/2019 Assessment Year: 2015-16 Dcit, Circle-6(1), Kolkata…………….......................…...……………....Appellant Vs. M/S Birla Corporation Ltd…………...........…..........................…..…..... Respondent Birla Building, 9/1, R.N. Mukherjee Road, Kolkata – 700001. [Pan: Aabcb2075J] C.O. 39/Kol/2019 (A/O I.T.A. No.1964/Kol/2019) Assessment Year: 2015-16 M/S Birla Corporation Ltd…………...........….....................…..…..... Cross-Objector Birla Building, 9/1, R.N. Mukherjee Road, Kolkata – 700001. [Pan: Aabcb2075J] Vs Dcit, Circle-6(1), Kolkata…………….......................…...……………....Respondent Appearances By: Shri Abhijit Kundu, Cit-Dr, Advocate, Appeared On Behalf Of The Department. Shri J. P. Khaitan, Sr. Counsel, Appeared On Behalf Of The Assessee. Date Of Concluding The Hearing : October 18, 2023 Date Of Pronouncing The Order : January 16, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal By The Revenue & The Corresponding Cross Objections By The Assessee Have Been Preferred Against The Order Dated 30.05.2019 Of The Commissioner Of Income Tax (Appeals)-22, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). First, We Take Up Revenue’S Appeal Ita No.1964/Kol/2019. I.T.A. No.1964/Kol/2019 & C.O. 39/Kol/2019 M/S Birla Corporation Ltd

Section 115JSection 14ASection 250Section 80I

perused the records placed before us. The second common ground raised in the Department’s appeal relates to the assessee’s claim for deduction under section 80IA in respect of the thermal power plants set up by it at Satna, M.P. and Chanderia, Rajasthan. The electricity generated ... Tribunal thus concluded that the assessee did not commit any error in adopting such prices for working out the amount eligible for deduction under section 80IA of the Act. 11.3. The Hon’ble Tribunal by an order dated September 13, 2017 for the assessment year 2010-11 (Page

M/S. Tata Elxsi Limited, Bangalore vs. Deputy Commissioner Income Tax, Circle-7(1)(1), Bangalore

ITA 975/BANG/2023[2020-2021]Status: DisposedITAT Bangalore08 Jan 2024AY 2020-2021

Bench: Shri George George K. & Shri Chandra Poojari

Section 10ASection 30Section 80ASection 80HSection 80I

applicable to the facts of the present case for the following reasons:- “Firstly the said judgement deals with deduction under section 80IA which falls under Chapter VI-A and is therefore covered by provisions of section 80AB (i.e. the deeming fiction to provide deduction only from income as included

M/S. Tata Elxsi Limited., Bangalore vs. Deputy Commissioner Income Tax, Circle-7(1)(1), Bangalore

In the result, all the appeals of the assessee are partly allowed for statistical purposes

ITA 927/BANG/2023[2016-17]Status: DisposedITAT Bangalore08 Jan 2024AY 2016-17

Bench: Shri George George K. & Shri Chandra Poojari

For Appellant: Shri Padam Chand Kincha, A.RFor Respondent: Shri D.K. Mishra, D.R
Section 10ASection 30Section 80ASection 80H

applicable to the facts of the present case for the following reasons:- “Firstly the said judgement deals with deduction under section 80IA which falls under Chapter VI-A and is therefore covered by provisions of section 80AB (i.e. the deeming fiction to provide deduction only from income as included

Pragati Power Corporation Ltd., New Delhi vs. ACIT, Circle-20(1), New Delhi

ITA 1168/DEL/2018[2013-14]Status: DisposedITAT Delhi05 Jan 2024AY 2013-14

Bench: Sh. C. N. Prasaddr. B. R. R. Kumar

For Appellant: Sh. Ved Jain, Adv. &For Respondent: Sh. P. N. Barnwal, CIT-DR
Section 35Section 40Section 43BSection 80I

such the income arising out the business of generation and distribution of power by GT-1 Raj Ghat (undertaking) was eligible for deduction under section 80IA of the Act. The unit-wise profit allocation has been provided by the assessee in the computation of total income, which is reproduced ... Gross Total Rs.187,58,66,703/- Less: Rs.187,58,66,703/- Taxable Income Nil 5.1 The claim of the assessee is that deduction under section 80IA has to be computed in respect of the profit of the eligible unit only in terms of section