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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

ACIT CC 3(4) Cen RG 3, Mumbai vs. Patel Engineering Ltd, Mumbai

In the result, cross objection filed by the assessee is partly allowed

ITA 2758/MUM/2017[2009-10]Status: DisposedITAT Mumbai31 Oct 2022AY 2009-10

Bench: Shri Vikas Awasthy, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

Section 14ASection 199(2)Section 801A(4)Section 80I

260/MUM/2018 M/s. Patel Engineering Ltd., work and not to develop/operate and maintain any infrastructure facilities to which deduction u/s. 80IA(4)(i) is intended to and allowing the deduction u/s 80IA(4) of the IT Act, 1961 and failed to appreciate that the section 80IA(4) as amended ... circumstances of the case and in law, the CIT(A) erred in holding that the assessee is eligible for enhanced claim of deduction u/s 80IA(4), in respect of M/s ShivamGiri Steel Ltd., Ambica Steel Ltd. and M/s D.S.P. Enterprises only to the extent of unsubstantiated purchases without appreciating

ACIT CC 3(4) Cen RG 3, Mumbai vs. Patel Engineering Ltd, Mumbai

In the result, cross objection filed by the assessee is partly allowed

ITA 2757/MUM/2017[2008-09]Status: DisposedITAT Mumbai31 Oct 2022AY 2008-09

Bench: Shri Vikas Awasthy, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

Section 14ASection 199(2)Section 801A(4)Section 80I

260/MUM/2018 M/s. Patel Engineering Ltd., work and not to develop/operate and maintain any infrastructure facilities to which deduction u/s. 80IA(4)(i) is intended to and allowing the deduction u/s 80IA(4) of the IT Act, 1961 and failed to appreciate that the section 80IA(4) as amended ... circumstances of the case and in law, the CIT(A) erred in holding that the assessee is eligible for enhanced claim of deduction u/s 80IA(4), in respect of M/s ShivamGiri Steel Ltd., Ambica Steel Ltd. and M/s D.S.P. Enterprises only to the extent of unsubstantiated purchases without appreciating

Aci T-CC-2, Thane vs. SMC Infrastructures P. Ltd., Thane

In the result all the appeals of the Revenue are dismissed

ITA 1003/MUM/2021[2014-15]Status: DisposedITAT Mumbai26 Oct 2022AY 2014-15
Section 143(3)Section 80I

assessee filed return of income on 29/11/2014 declaring a total income of Rs.8,92,10,730/- and claimed deduction u/s 80IA(4) of the Act in the sum of Rs.13,81,85,353/- in infrastructure development work. The ld. AO passed assessment order u/s ... assessee filed return of income on 27/11/2015 declaring total income of Rs.7,17,24,830/- and claimed deduction u/s 80IA(4) of the Act in the sum of Rs. 12,21,63,542/- in respect of profits attributable to what was claimed as activity of infrastructure development work

Aci T-CC-2, Thane vs. SMC Infrastructures P. Ltd., Thane

In the result all the appeals of the Revenue are dismissed

ITA 1002/MUM/2021[2015-16]Status: DisposedITAT Mumbai26 Oct 2022AY 2015-16
Section 143(3)Section 80I

assessee filed return of income on 29/11/2014 declaring a total income of Rs.8,92,10,730/- and claimed deduction u/s 80IA(4) of the Act in the sum of Rs.13,81,85,353/- in infrastructure development work. The ld. AO passed assessment order u/s ... assessee filed return of income on 27/11/2015 declaring total income of Rs.7,17,24,830/- and claimed deduction u/s 80IA(4) of the Act in the sum of Rs. 12,21,63,542/- in respect of profits attributable to what was claimed as activity of infrastructure development work

Aci -CC-2, Thane vs. SMC Infrastructures P. Ltd., Thane

In the result all the appeals of the Revenue are dismissed

ITA 1001/MUM/2021[2016-17]Status: DisposedITAT Mumbai26 Oct 2022AY 2016-17
Section 143(3)Section 80I

assessee filed return of income on 29/11/2014 declaring a total income of Rs.8,92,10,730/- and claimed deduction u/s 80IA(4) of the Act in the sum of Rs.13,81,85,353/- in infrastructure development work. The ld. AO passed assessment order u/s ... assessee filed return of income on 27/11/2015 declaring total income of Rs.7,17,24,830/- and claimed deduction u/s 80IA(4) of the Act in the sum of Rs. 12,21,63,542/- in respect of profits attributable to what was claimed as activity of infrastructure development work

Aci -CC-2, Thane vs. SMC Infrastructures P. Ltd., Mumbai

In the result all the appeals of the Revenue are dismissed

ITA 1000/MUM/2021[2017-18]Status: DisposedITAT Mumbai26 Oct 2022AY 2017-18
Section 143(3)Section 80I

assessee filed return of income on 29/11/2014 declaring a total income of Rs.8,92,10,730/- and claimed deduction u/s 80IA(4) of the Act in the sum of Rs.13,81,85,353/- in infrastructure development work. The ld. AO passed assessment order u/s ... assessee filed return of income on 27/11/2015 declaring total income of Rs.7,17,24,830/- and claimed deduction u/s 80IA(4) of the Act in the sum of Rs. 12,21,63,542/- in respect of profits attributable to what was claimed as activity of infrastructure development work

Soma Enterprise Limited, Hyderabad vs. The PCIT (Central), Mumbai-1, Mumbai

In the result, all the appeals of the assessee are partly allowed

ITA 1145/MUM/2022[2017-18]Status: DisposedITAT Mumbai19 Oct 2022AY 2017-18
Section 115JSection 132Section 132(4)Section 143(3)Section 14ASection 153ASection 154Section 263

specifically submitted that income derived from the transactions entered into with Subsidiaries / Associates are tax neutral and that no claim of deduction u/s 80IA of the Act has been made thereon in respect of works undertaken from the Subsidiaries , Associates and Joint Ventures formed for the specific purpose

Soma Enterprise Limited, Hyderabad vs. The PCIT (Central), Mumbai-1, Mumbai

In the result, all the appeals of the assessee are partly allowed

ITA 1144/MUM/2022[2016-2017]Status: DisposedITAT Mumbai19 Oct 2022AY 2016-2017
Section 115JSection 132Section 132(4)Section 143(3)Section 14ASection 153ASection 154Section 263

specifically submitted that income derived from the transactions entered into with Subsidiaries / Associates are tax neutral and that no claim of deduction u/s 80IA of the Act has been made thereon in respect of works undertaken from the Subsidiaries , Associates and Joint Ventures formed for the specific purpose

Soma Enterprise Limited, Mumbai vs. The PCIT (Central), Mumbai-1, Mumbai

In the result, all the appeals of the assessee are partly allowed

ITA 1143/MUM/2022[2015-16]Status: DisposedITAT Mumbai19 Oct 2022AY 2015-16
Section 115JSection 132Section 132(4)Section 143(3)Section 14ASection 153ASection 154Section 263

specifically submitted that income derived from the transactions entered into with Subsidiaries / Associates are tax neutral and that no claim of deduction u/s 80IA of the Act has been made thereon in respect of works undertaken from the Subsidiaries , Associates and Joint Ventures formed for the specific purpose

Soma Enterprises Limited, Telangana vs. The PCIT (Central), Mumbai-1, Mumbai

In the result, all the appeals of the assessee are partly allowed

ITA 1142/MUM/2022[2014-2015]Status: DisposedITAT Mumbai19 Oct 2022AY 2014-2015
Section 115JSection 132Section 132(4)Section 143(3)Section 14ASection 153ASection 154Section 263

specifically submitted that income derived from the transactions entered into with Subsidiaries / Associates are tax neutral and that no claim of deduction u/s 80IA of the Act has been made thereon in respect of works undertaken from the Subsidiaries , Associates and Joint Ventures formed for the specific purpose

Soma Enterprises Limited, Telagana vs. The PCIT (Central), Mumbai-1, Mumbai

In the result, all the appeals of the assessee are partly allowed

ITA 1141/MUM/2022[2013-2014]Status: DisposedITAT Mumbai19 Oct 2022AY 2013-2014
Section 115JSection 132Section 132(4)Section 143(3)Section 14ASection 153ASection 154Section 263

specifically submitted that income derived from the transactions entered into with Subsidiaries / Associates are tax neutral and that no claim of deduction u/s 80IA of the Act has been made thereon in respect of works undertaken from the Subsidiaries , Associates and Joint Ventures formed for the specific purpose

Soma Enterprises Limited, Telangana vs. The PCIT, (Central)-Mumbai-1, Mumbai

In the result, all the appeals of the assessee are partly allowed

ITA 1140/MUM/2022[2012-2013]Status: DisposedITAT Mumbai19 Oct 2022AY 2012-2013
Section 115JSection 132Section 132(4)Section 143(3)Section 14ASection 153ASection 154Section 263

specifically submitted that income derived from the transactions entered into with Subsidiaries / Associates are tax neutral and that no claim of deduction u/s 80IA of the Act has been made thereon in respect of works undertaken from the Subsidiaries , Associates and Joint Ventures formed for the specific purpose

Soma Enterprises Limited, Mumbai vs. The PCIT, (Central)-Mumbai-1, Mumbai

In the result, all the appeals of the assessee are partly allowed

ITA 1139/MUM/2022[2011-12]Status: DisposedITAT Mumbai19 Oct 2022AY 2011-12
Section 115JSection 132Section 132(4)Section 143(3)Section 14ASection 153ASection 154Section 263

specifically submitted that income derived from the transactions entered into with Subsidiaries / Associates are tax neutral and that no claim of deduction u/s 80IA of the Act has been made thereon in respect of works undertaken from the Subsidiaries , Associates and Joint Ventures formed for the specific purpose

Soma Enterprises Limited, Mumbai vs. The PCIT, (Central)-Mumbai-1, Mumbai

In the result, all the appeals of the assessee are partly allowed

ITA 1138/MUM/2022[2010-2011]Status: DisposedITAT Mumbai19 Oct 2022AY 2010-2011
Section 115JSection 132Section 132(4)Section 143(3)Section 14ASection 153ASection 154Section 263

specifically submitted that income derived from the transactions entered into with Subsidiaries / Associates are tax neutral and that no claim of deduction u/s 80IA of the Act has been made thereon in respect of works undertaken from the Subsidiaries , Associates and Joint Ventures formed for the specific purpose

Soma Enterprises Limited, Mumbai vs. The PCIT(Central), Mumbai-1, Mumbai

In the result, all the appeals of the assessee are partly allowed

ITA 1137/MUM/2022[2009-10]Status: DisposedITAT Mumbai19 Oct 2022AY 2009-10
Section 115JSection 132Section 132(4)Section 143(3)Section 14ASection 153ASection 154Section 263

specifically submitted that income derived from the transactions entered into with Subsidiaries / Associates are tax neutral and that no claim of deduction u/s 80IA of the Act has been made thereon in respect of works undertaken from the Subsidiaries , Associates and Joint Ventures formed for the specific purpose

DCIT Cen Cir 8(4), Mumbai vs. Savita Oil Technologies Ltd, Mumbai

In the result, the Revenue appeal is dismissed and the assessee Cross Objection is allowed

ITA 2323/MUM/2017[2008-09]Status: DisposedITAT Mumbai30 Sept 2022AY 2008-09

Bench: Shri Pavankumargadale,Judicialmember & Shri Amarjit Singhdeputy Commissioner Vs. M/S. Savita Oil Of Income Tax-Cc-8(4) Technologies Ltd. 6Th Floor, Room No. 66-67, 658, Aayakarbhavan, Narimanbhawan, M.K. Road, Nariman Point, Mumbai- 400 020 Mumbai- 400 021 Pan No.Aaacs7934A Appellant Respondent

Section 143(1)Section 143(2)Section 143(3)Section 14ASection 24Section 271Section 271(1)Section 275Section 80I

read as under: 18. Therefore, in the aforesaid facts and circumstance, we find that the AO had erred in denying the claim of deduction u/s 80IA of the Act for A.Y. 2008- 09 and likewise the Ld. CIT(A) also erred in denying the claim of the assessee. Therefore

Jt. Comm of Income Tax (OSD), CC - 7(2), Mumbai vs. M/S. Rajamundry Expressway Pvt. Ltd, Mumbai

In the result, the appeal of the revenue is dismissed

ITA 1587/MUM/2021[2014-15]Status: DisposedITAT Mumbai17 Aug 2022AY 2014-15

Bench: Us :-

Section 143(3)Section 32(1)(ii)Section 37(1)Section 40A(2)Section 801ASection 80I

facts and the circumstances of the case and in law, the Ld.CIT(A) erred in allowing the entire claim of deduction u/s. 80IA of the Act to the assessee company, without appreciating the fact that large part of the scope of work pertained to strengthening of the existing road ... said return, since there was a Gross Total Loss, the assessee did not claim the deduction u/s 80IA of the Act. However, the assessee clearly mentioned the claim of deduction as Rs Nil in the computation of income itself. Hence the Ground No.11 raised by the revenue is devoid

Asian Star Company Ltd, Mumbai vs. PCIT (Central), Mumbai-1, Mumbai

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

ITA 710/MUM/2022[2017-18]Status: DisposedITAT Mumbai12 Aug 2022AY 2017-18
Section 142(1)Section 143(3)Section 263Section 80I

inquiry in this case. The production of separate books of accounts in respect of windmill is one of the mandatory conditions for claiming deduction u/s 80IA(4)(iv) of the Act. b) The assessee had made cash deposit of Rs. 79.98 lakhs during demonetization period. The Assessing Officer has accepted ... enquiry in this case. According to Ld PCIT, production of separate books of accounts is one of the mandatory conditions for claiming deduction u/s 80IA(4)(iv) of the Act. The Ld CIT(A) is, apparently, referring to the provisions of sec.80IA(7) of the Act, which reads as under

Nhava Sheva Internaitonal Container Terminal P. Ltd, Navi Mumbai vs. DCIT (OSD) 2(3), Mumbai

In the result ground relating to the deduction under section 80IA in respect of Rs

ITA 3908/MUM/2016[2011-12]Status: DisposedITAT Mumbai11 Aug 2022AY 2011-12
Section 80I

relevant here and the same reads as under:- “8. Another issue raised in M A No.76/Mum/2021 is that there was a claim of deduction u/s 80IA in respect of income from Served from India Script (SFIS) Rs.4,90,000/-. It has further been claimed that ITAT order has not adjudicated ... script”. The amount was erroneously recorded by the Tribunal as Rs.4,90,000/-. 3. The Learned AR submitted that the assessee has claimed deduction u/s 80IA of the Act to the extent of Rs.105.50 crores. In the assessment order, the AO disallowed the claim to the extent of Rs.32.68 crores

M/S. Coretech Ventures (Bangalore) Private Limited, Bangalore vs. The Principal Commissioner of Income Tax, Bengaluru-2, Bangalore

In the result, the appeal filed by the assessee stands dismissed

ITA 746/BANG/2021[2016-17]Status: DisposedITAT Bangalore29 Jul 2022AY 2016-17

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2016-17 M/S. Coretech Ventures (Bangalore) Pvt. Ltd., The Principal Divyasree Chambers’ Commissioner Of Wing-A, O Shaugnessy Income Tax, Road, Bengaluru – 2, Langford Town, Vs. Bengaluru. Bangalore – 560 025. Pan: Aafcc2775E Appellant Respondent : Shri V. Chandrashekar, Assessee By Advocate : Shri V.S. Chakrapani, Cit- Revenue By Dr Date Of Hearing : 01-06-2022 Date Of Pronouncement : 29-07-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Order Dated 30/03/2021 Passed By Ld.Pcit, Bangalore -2 U/S. 263 Of The Act For A.Y. 2016-17 On Following Grounds Of Appeal: “1. The Order Of Revision Passed By The Learned Principal Commissioner Of Income Tax, Bengaluru -2, Bengaluru, Under Section 263 Of The Act Dated 30/03/2021, In So Far As It Is Against The Appellant Is Opposed To Law, Weight Of Evidence, Probabilities, Facts & Circumstances Of The Appellant'S Case.

For Respondent: Shri V. Chandrashekar
Section 143Section 263Section 80Section 801A

assessment year 2016-17, the assessee computed profit and gains of business of Rs.7,54,15,767/- and claimed entire amount as deduction u/s 80IA of the Act. On perusal of the assessment records, the Ld.PCIT found that, the assessee received rental income of Rs.19,12,20,033/-, interest income ... Page 8 Page 9 Page 10 2.6 Based on the above submissions, the Ld.PCIT was of the opinion that the claim of deduction u/s. 80IA made by the assessee with respect to interest income received was not acceptable as assessee had not established any nexus between the interest receipts