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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

C.E.S.Onyx Private Limited, Chennai vs. ACIT, Chennai

In the result, all the four appeals of the assessee are dismissed

ITA 568/CHNY/2020[2007-08]Status: DisposedITAT Chennai04 Dec 2024AY 2007-08

Bench: Shri Aby T. Varkey & Shri Jagadishआयकर अपील सं./Ita Nos.565, 566, 567 & 568/Chny/2020 निर्धारण वर्ष /Assessment Years: 2004-05, 2005-06, 2006-07, 2007-08 Ces Onyx Pvt. Ltd., 46-B, Iv Floor, Krishnan Complex, South Boag Road, T. Nagar, Chennai - 600 017. [Pan: Aabcc 1396D] (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Appellant By प्रत्यर्थी की ओर से / Respondent By The Asst. Commissioner Of Vs. Income Tax, Company Circle-1(3), Chennai. (प्रत्यर्थी/Respondent) Shri G. Baskar, Shri I. Dinesh & Shri A.Sathaseelan, Advocates Shri P. Krishna Kumar, Jcit सुनवाई की तारीख /Date Of Hearing घोषणा की तारीख / Date Of Pronouncement : 12.09.2024 04.12.2024 Per Jagadish, A.M : आदेश / Order Aforesaid Four Appeals Filed By The Assessee For Assessment Years (Ays) 2004-05 To 2007-08 Arises Out Of The Orders Of Learned Commissioner Of Income Tax, Chennai-1 [Hereinafter “Cit(A)”] Dated 27.03.2009 & Ld. Cit(A)-4, Chennai Dated 30.01.2020.

Section 143(3)Section 801A(4)Section 80ISection 80i

Income Tax Act dated 24/12/2009 is not valid in law, being a mere change of opinion. The issue relating to deduction u/s 80IA(4) was already considered and adjudicated in the original assessment order dated 24/11/2006 3. The activity carried on by the appellant is not defined under Income ... disposal of municipal waste, the assessee has claimed the business of collection and disposal of municipal solid waste as infrastructure facility and claimed deduction u/s. 80IA(4) of the Act as under: SI. No. 1. 2. 3 4. A.Y 2004-05 2005-06 2006-07 2007-08 Disallowance u/s. 80IA

M/S. Lakshmi Narayana Constructions, Chennai vs. ITO, Ncw-10(6), Chennai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1958/CHNY/2024[2017-18]Status: DisposedITAT Chennai26 Nov 2024AY 2017-18

Bench: Hon’Ble Shri Manoj Kumar Aggarwal & Hon’Ble Shri Manu Kumar Giriआयकरअपील सं./ Ita No.1958/Chny/2024 (िनधा"रणवष" / Assessment Year: 2017-2018) M/S. Lakshmi Narayana Vs. The Income Tax Officer, Constructions, Non Corporate Ward 10(6) No.10, Kalaimagal Nagar, Chennai. Kolathur, Chennai 600 099. [Pan: Aacfl 6543K] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Ms.Lekha, C.A., ""यथ" क" ओर से /Respondent By : Mr. V. Justin, Irs, Jcit. सुनवाई क" तार"ख/Date Of Hearing : 25.11.2024 घोषणा क" तार"ख /Date Of Pronouncement : 26.11.2024 आदेश / O R D E R Per Manu Kumar Giri ()

For Appellant: Ms.Lekha, C.AFor Respondent: Mr. V. Justin, IRS, JCIT
Section 142(1)Section 143(2)Section 143(3)Section 80I

notices, the assessee had filed required details. For the Asst. Year 2017-18, the assessee admitted Rs.3,60,710/- income after claiming deduction u/s 80IA of the Act to the tune of Rs.71,62,178/-. The ld. Authorized Representative argued that even if an infrastructure is built by taking ... clear that the assessee firm is a works contractor only and not a developer. Hence, the assessee firm is not eligible for claiming deduction u/s. 80IA(4) of the Act. The deduction claimed by the assessee u/s 80IA(4) to the tune of Rs.71,62,178/- was disallowed. Aggrieved, assessee

Assistant Commissioner of Income Tax, Circle-1, Tirunelveli vs. Vvd and Sons Private Limited, Tuticorin

In the result, the appeal filed by the Revenue is dismissed

ITA 1792/CHNY/2024[2017-18]Status: DisposedITAT Chennai26 Nov 2024AY 2017-18

Bench: Shri George George Kand Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 1792/Chny/2024 निर्धारण वर्ष/Assessment Year: 2017-18 The Assistant Commissioner Of Income Tax, Circle - 1, Tirunelveli. (अपीलार्थी/Appellant) अपीलार्थी की ओर से/Appellant By प्रत्यर्थी की ओर से/Respondent By Vvd & Sons Private Vs. Limited, No.182, Palayamkottai Road, Tuticorin – 628 003. Pan: Aaacv 8438J (प्रत्यर्थी/Respondent) Shri Shiva Srinivas, Addl.Cit Shri S. Sridhar, Advocate सुनवाई की तारीख/Date Of Hearing : 21.11.2024 घोषणा की तारीख/Date Of Pronouncement : 26.11.2024 आदेश /O R Der Per S.R. Raghunatha: This Appeal Filed By The Revenue Is Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals), Chennai 19, Dated 30.04.2024 & Pertains To

Section 4Section 801Section 801ASection 80I

opposed to law on the fact and in the circumstances of the case. 2. The learned CIA) erred in deleting the disallowance of deduction u/s 80IA claimed towards interest income o Rs. 2.3423.637- by holding that interest income partakes of the character of profits and gains of eligible business ... Govt. undertaking along with an other income of Rs. 234.27lakhs under the head other income/ interest for delay payment. While claiming deduction u/s 80IA, he has taken the above receipts cumulatively which comes to 990.78 lakhs. After making appropriate admissible debit entries income from windmill, eligible for deduction u/s