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“deduction u/s 80IA”

DeductionsSection 80IASection 80IA745 judgments

The decision most relied on for deduction u/s 80IA is CIT v. ABG Heavy Industries Ltd. (322 ITR 323), cited in 229 judgments on BharatTax.

Leading authorities on deduction u/s 80IA

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. ITC Ltd.
236 Taxmann 612 · 2016 · High Court
108
citing judgments

When computing deduction under Section 80IA, specifically for inter-unit transfer of power, the benefit cannot be claimed based on rates chargeable by distribution licensees to consumers. The deduction must be computed based on the rate fixed by the Tariff Regulation Commission for sale by electricity generating companies.

CIT v. Jawahar Bhattacharjee
341 ITR 434 · 2012 · High Court
99
citing judgments

An assessment order is erroneous for the purpose of Section 263 if the Assessing Officer fails to apply mind to relevant material, proceeds on an incorrect assumption of facts, or makes an incorrect application of law.

M/s Tamilnadu Petro Products Ltd. v. ACIT
338 ITR 643 · 2011 · High Court
56
citing judgments

For the purpose of Section 80IA relief, the sale of power is not a criterion for granting relief. Captive consumption of power must be valued at market price, and classification of units as saleable or non-saleable is irrelevant for determining the Arm's Length Price (ALP).

Mohan Breweries & Distilleries Ltd. v. Asstt. CIT
116 ITD 241 · 2009 · ITAT
27
citing judgments

The initial assessment year for claiming deduction under Section 80-IA is the first year the assessee actually claims the deduction, not necessarily the first year the enterprise is set up. The deduction under Section 80-IA applies only from the assessment year in which the claim is first made.

CIT v. Anil H. Lad
45 Taxmann.com 98 · 2014 · High Court
20
citing judgments

For the purpose of computing deduction under Section 80-IA, profits of other businesses do not need to be notionally brought forward and have no effect on the deduction claimed. Losses of earlier years already set off cannot be notionally set off again against current income eligible for deduction.

PCIT v. Surya Merchands Ltd.
387 ITR 105 · 2016 · High Court
19
citing judgments

The requirement to furnish an audit report along with the return of income under Section 80IA(7) of the Income Tax Act, 1961, is directory and not mandatory, and will be satisfied if the report is filed during the assessment proceedings.

Patil & Sons Belgaum Constructions (P.) Ltd. v. ACIT. 7. Hon'ble ITAT Mumbai Bench-C
76 Taxmann.com 105 · 2016 · Reported
17
citing judgments

This case is cited for the proposition that deductions under sections 80IA and 80IAB of the Income Tax Act, 1961, are not available for infrastructure facilities unless they are specifically enumerated in the relevant sub-sections.

Judgments citing deduction u/s 80IA

Roxiler Systems Private Limited, Pune vs. The Income Tax Officer, Ward5(4), Pune

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

ITA 2078/PUN/2024[2022-23]Status: DisposedITAT Pune30 Dec 2024AY 2022-23

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2078/Pun/2024 िनधा"रण वष" / Assessment Year: 2022-23 Roxiler Systems Pvt. Ltd., A 508, Kamal Green Leaf, Vs The Income Tax Officer, Khadakwasala, Pune – 411024. Ward-5(4), Pune. Pan: Aahcr8766J Appellant/ Assessee Respondent / Revenue Assessee By : Shri Sharad S. Vaze & Shri Amod S. Vaze – Ar’S Revenue By : Shri Arvind Desai – Add.Cit(Dr) Date Of Hearing: 18/11/2024 Date Of Pronouncement : 30/12/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)Addl./Jcit(A), Mysore For Assessment Year 2022-23Dated 20/08/2024 Passed U/Sec.250 Of The Income Tax Act, 1961, Emanating From An Order U/S 143(1) Of The Act Dated 19/08/2023.The Assessee Has Raised The Following Grounds Of Appeal : “1. On The Basis Of Facts & In The Circumstances Of The Case & As Per Law, Rejection Of Claim U/S 80Iac Of The Income Tax Act 1961 (Act) Is Beyond The Powers Of Cpc, Bengaluru In The Powers Of Cps, Bengaluru In Proceedings U/S 143(1) Of The Act. 2. On The Basis Of Facts & In The Circumstances Of The Case & As Per Law, The Commissioner Of Income Tax, (Appeals)-Nfac Delhi Is Not Justified In Rejecting The Claim Of The Assessee U/S 80Iac Of The Act. 3. The Appellant Craves Leave To Add, Alter, Omit Or Substitute Any Of The Grounds At The Time Of Hearing Of The Appeal.”

For Appellant: Shri Sharad S. Vaze and Shri Amod S. Vaze – AR’sFor Respondent: Shri Arvind Desai – Add.CIT(DR)
Section 143(1)Section 250Section 44ASection 80ISection 80J

।आयकर अपीलीय अिधकरण ”बी” "ायपीठ पुणेम"। IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “B” :: PUNE BEFORE DR.DIPAK P. RIPOTE

Dy. Commissioner of Income Tax, Circle, Hisar vs. Synergy Waste Management Private Limited, Hisar

Appeal is dismissed in above terms

ITA 3557/DEL/2023[2017-18]Status: DisposedITAT Delhi20 Dec 2024AY 2017-18

Bench: Sh. Satbeer Singh Godara & Sh. S. Rifaur Rahmanita No. 3557/Del/2023 : Asstt. Year : 2017-18 Dcit, Vs Synergy Waste Management Pvt. Circle, Ltd., #168, Sector-27-28, Hisar, Hisar, Haryana-125001 Haryana-125001 (Appellant) (Respondent) Pan No. Aaics9088H Assessee By : Sh. S. K. Gupta, Ca Revenue By : Sh. Sahil Kumar Bansal, Sr. Dr Date Of Hearing: 12.12.2024 Date Of Pronouncement: 20.12.2024 Order Per Satbeer Singh Godara: This Revenue’S Appeal For Assessment Year 2017-18, Arises Against The Cit(A)/Nfac, Delhi’S Din & Order No. Itba/Nfac/S/250/2023-24/105727025(1) Dated 20.10.2023, In Proceedings U/S 143(3) Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Sh. S. K. Gupta, CAFor Respondent: Sh. Sahil Kumar Bansal, Sr. DR
Section 143(3)Section 4Section 801A(4)Section 80I

body or any other statutory body for carrying out infrastructure facilities. Without complying with these conditions, the assessee cannot be allowed to enjoy deduction u/s 80IA. In the instant case, assessee has not entered into such agreement with (central Govt., State Govt., or any other statutory body nor copy ... failed to appreciate the version of the AO who after elaborate discussion, held that receipts of supply of material did not qualify for deduction u/s 80IA(4) and assessed as normal business income. AO during assessment concluded that activity of supply of material is not included in the objects