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“eligible business”

DeductionsSection 80IASection 80IA975 judgments

The decision most relied on for eligible business is Totgars Co-operative Sale Society Ltd. v. ITO (322 ITR 283), cited in 1,283 judgments on BharatTax.

Leading authorities on eligible business

Totgars Co-operative Sale Society Ltd. v. ITO
322 ITR 283 · 2010 · Supreme Court
1,283
citing judgments

The interest income earned by a cooperative society from investing its surplus funds in fixed deposits with banks is not "derived from" its eligible business activities and is taxable as "income from other sources" under Section 56, thus not qualifying for deduction under Section 80P.

State Bank Of India v. CIT
389 ITR 578 · 2016 · High Court
817
citing judgments

Income arising from a cooperative society's surplus funds invested in short-term deposits and securities is not attributable to the society's core activities and, therefore, is not eligible for exemption under Section 80P(2)(a)(i) of the Income-tax Act.

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.

CIT v. Smifs Securities Ltd.
348 ITR 302 · 2012 · Supreme Court
540
citing judgments

Goodwill, whether arising from an amalgamation or a slump sale, is an intangible asset eligible for depreciation under Section 32(1) of the Income-tax Act. While the assessee must prove the existence and valuation of such goodwill, it is recognized as a depreciable asset.

Citizen Co-operative Society Ltd. v. ACIT
397 ITR 1 · 2017 · Supreme Court
499
citing judgments

A co-operative credit society engaged in banking business with the general public, accepting deposits from non-members and advancing loans to non-members, is treated as a co-operative bank. Such a society falls under the exclusionary clause of Section 80P(4) and is not eligible for deduction under Section 80P(2)(a)(i).

Totgar's Co-operative Sale Society Ltd. v. ITO
188 Taxmann 282 · 2010 · Supreme Court
486
citing judgments

Interest income earned by a co-operative society from investments, particularly with co-operative banks, is not eligible for deduction under Section 80P as it is not attributable to the core business activities of the society and constitutes "other income", not "profits and gains of business".

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.

CIT v. Sterling Foods
237 ITR 579 · 1999 · Supreme Court
311
citing judgments

Income eligible for profit-linked deductions under sections like 80-IC or 10B must have a direct nexus to the eligible business activity or be derived from the industrial undertaking itself, and not merely attributable to it or arising from a post-manufacturing event.

Judgments citing eligible business

DCIT/ACIT, Ltu - 1, Kolkata vs. M/S. United Bank of India, Kolkata

In the result, the Revenue’s appeal is dismissed (ITA No

ITA 215/KOL/2018[2013-14]Status: DisposedITAT Kolkata23 Jul 2025AY 2013-14

Bench: the ITAT. The grounds may be extracted for reference:

Section 115JSection 14ASection 15JSection 211Section 250Section 36(1)(viii)

perused the relevant material available on record. It is observed that the apportionment of operating expenses made by the assessee in the ratio of eligible business to total business by taking into consideration the advances and deposits while determining the profit of the eligible business of long-term finance eligible

Jaydeep Petro Chem Co. Pvt. Ltd., Chennai vs. ITO, Corporate Ward-2(3), Chennai

In the result, the appeals of the assessee are allowed

ITA 180/CHNY/2025[2007-08]Status: DisposedITAT Chennai18 Jul 2025AY 2007-08

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Amitabh Shuklaआयकर अपील सं./Ita No.179/Chny/2025, Assessment Years: 2006-07 आयकर अपील सं./Ita No.180/Chny/2025, Assessment Years: 2007-08 Jaydeep Petro Chem Company Private The Income Tax Officer, Limited, Corporate Ward-2(3), No.24/13, Iii Floor, Chennai. Brindavan Majestic Apartments, Thygarayanagar H.O, Thygarayanagar, Chennai-600 017. [Pan: Aaacj9244J] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Shri G.Baskar, Advocate प्रत्यर्थी की ओर से /Revenue By : Ms.R.Anitha, Addl.Cit

For Appellant: Shri G.Baskar, AdvocateFor Respondent: Ms.R.Anitha, Addl.CIT
Section 263Section 80I

business referred to in sub-sections (3) to 28[(11), (11A) and (11B) 29] (such business being hereinafter referred to as the eligible business), there shall, in accordance with and subject to the provisions of this section, be allowed, in computing the total income of the assessee, a deduction from

Jaydeep Petro Chem Co. Pvt.Ltd., Chennai vs. ITO, Corp. Ward-2(3), Chennai

In the result, the appeals of the assessee are allowed

ITA 179/CHNY/2025[2006-07]Status: DisposedITAT Chennai18 Jul 2025AY 2006-07

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Amitabh Shuklaआयकर अपील सं./Ita No.179/Chny/2025, Assessment Years: 2006-07 आयकर अपील सं./Ita No.180/Chny/2025, Assessment Years: 2007-08 Jaydeep Petro Chem Company Private The Income Tax Officer, Limited, Corporate Ward-2(3), No.24/13, Iii Floor, Chennai. Brindavan Majestic Apartments, Thygarayanagar H.O, Thygarayanagar, Chennai-600 017. [Pan: Aaacj9244J] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Shri G.Baskar, Advocate प्रत्यर्थी की ओर से /Revenue By : Ms.R.Anitha, Addl.Cit

For Appellant: Shri G.Baskar, AdvocateFor Respondent: Ms.R.Anitha, Addl.CIT
Section 263Section 80I

business referred to in sub-sections (3) to 28[(11), (11A) and (11B) 29] (such business being hereinafter referred to as the eligible business), there shall, in accordance with and subject to the provisions of this section, be allowed, in computing the total income of the assessee, a deduction from

Priti Suresh Purohit, Mumbai vs. Assistant Commissioner of Income Tax Central Circle 5(4), Mumbai

In the result, the grounds of appeal

ITA 1870/MUM/2025[2020-21]Status: DisposedITAT Mumbai09 Jul 2025AY 2020-21

Bench: Shri Pawan Singh

Section 139(4)Section 147Section 148Section 151ASection 254(1)Section 274Section 44ASection 69A

assessing officer has not accepted income of assessee offered under section 44AD by taking view that the assessee does not fulfilled the conditions of eligible business. One of the reasons to suspect the activities of civil contract business is that during search action statement of assessee was recorded wherein

Priti Suresh Purohit, Mumbai vs. Assistant Commissioner of Income Tax Central Circle 5(4), Mumbai

In the result, the grounds of appeal

ITA 1869/MUM/2025[2021-22]Status: DisposedITAT Mumbai09 Jul 2025AY 2021-22

Bench: Shri Pawan Singh

Section 139(4)Section 147Section 148Section 151ASection 254(1)Section 274Section 44ASection 69A

assessing officer has not accepted income of assessee offered under section 44AD by taking view that the assessee does not fulfilled the conditions of eligible business. One of the reasons to suspect the activities of civil contract business is that during search action statement of assessee was recorded wherein

Priti Suresh Purohit, Mumbai vs. Assistant Commissioner of Income Tax Central Circle 5(4), Mumbai

In the result, the grounds of appeal

ITA 1868/MUM/2025[2022-23]Status: DisposedITAT Mumbai09 Jul 2025AY 2022-23

Bench: Shri Pawan Singh

Section 139(4)Section 147Section 148Section 151ASection 254(1)Section 274Section 44ASection 69A

assessing officer has not accepted income of assessee offered under section 44AD by taking view that the assessee does not fulfilled the conditions of eligible business. One of the reasons to suspect the activities of civil contract business is that during search action statement of assessee was recorded wherein

Deputy Commissioner of Income Tax, Chennai vs. Ashok Leyland Limited, Chennai

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

ITA 1663/CHNY/2024[2019-20]Status: DisposedITAT Chennai07 Jul 2025AY 2019-20

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

For Appellant: Mr.R. VijayaraghavanFor Respondent: Ms.Ann Marry Baby, CIT
Section 14ASection 92C

brought into Section 80-IC of the Act. Section 80-IA(8) of the Act mandates that, the profits of the eligible business shall be computed on the basis that transfer of goods are recorded at the market value of goods. The relevant extracts of the provision of section ... Pantnagar. 5.19 We further note that, the case of the lower authorities is also that, the profits derived by the assessee from the eligible business are more than the ordinary profits of other business and therefore he estimated at what could be a reasonable profit from such eligible business

Ashok Leyland Limited, Chennai vs. DCIT Non Corp Circle 8(1) Ltu - II, Chennai

ITA 1402/CHNY/2024[2019-20]Status: DisposedITAT Chennai07 Jul 2025AY 2019-20

Bench: Shri Aby T. Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita No.1402/Chny/2024 निर्धारण वर्ष/Assessment Year: 2019-20 M/S. Ashok Leyland Ltd., No.1, Sardar Patel Road, Guindy, Chennai-600 032. [Pan: Aaaса 4651 L] (अपीलार्थी/Appellant) V. The Dcit, Ncc-8(1), Ltu-Ii, Chennai. (प्रत्यर्थी/Respondent) आयकर अपील सं./Ita No.1663/Chny/2024 निर्धारण वर्ष/Assessment Year: 2019-20 The Dcit, Ncc-8, Chennai. (अपीलार्थी/Appellant) V. M/S. Ashok Leyland Ltd., No.1, Sardar Patel Road, Guindy, Chennai-600 032. [Pan: Aaaса 4651 L] (प्रत्यर्थी/Respondent) Assessee By : Mr.R. Vijayaraghavan, Advocate Department By : Ms.Ann Marry Baby, Cit सुनवाईकीतारीख/Date Of Hearing : 04.06.2025 घोषणाकीतारीख /Date Of Pronouncement : 07.07.2025 आदेश / Order Per Aby T. Varkey, Jm: These Are Cross-Appeals Preferred By The Assessee As Well As The Revenue Against The Order Of The Learned Commissioner Of Income Tax

For Appellant: Mr.R. Vijayaraghavan, AdvocateFor Respondent: Ms.Ann Marry Baby, CIT
Section 14ASection 92C

brought into Section 80-IC of the Act. Section 80-IA(8) of the Act mandates that, the profits of the eligible business shall be computed on the basis that transfer of goods are recorded at the market value of goods. The relevant extracts of the provision of section ... Pantnagar. 5.19 We further note that, the case of the lower authorities is also that, the profits derived by the assessee from the eligible business are more than the ordinary profits of other business and therefore he estimated at what could be a reasonable profit from such eligible business

K.R.Pulp and Papers Ltd., Delhi vs. ACIT, Central Circle-19, Delhi

ITA 4456/DEL/2024[2020-21]Status: DisposedITAT Delhi04 Jul 2025AY 2020-21

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

Section 143(2)Section 143(3)Section 144CSection 144C(5)Section 80ISection 92C

provisions of sub-section (6) of Section 80A of the Act, it is clear that in case where the goods of the eligible business are transferred to the non-eligible units of the assessee itself meant for consumption in non-eligible units, then the profits of the eligible units have

DCIT, Delhi vs. Punjab National Bank, Delhi

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

ITA 2948/DEL/2024[2017-18]Status: DisposedITAT Delhi04 Jul 2025AY 2017-18

Bench: Ms. Madhumita Roy & Shri Naveen Chandra

For Appellant: Shri K. Sampath, CAFor Respondent: Ms. Harpreet Kaur Hansra, Sr. DR
Section 14ASection 32(1)Section 36(1)(viii)Section 43B

under section 36(1)(viii) to the assessee ignoring the fact that the assessee had not provided the details of exact profit derived from eligible business. 9. The appellant craves, leave or reserving the right to amend, modify, add of forego, alter or amend any ground(s) of appeal raised ... pertains to deduction u/s 36(1)(viii) of the Act. It is submitted that the bank is granting the long term advances towards eligible business i.e. industrial Development or Agricultural Development or Development of infrastructure facility in India or Construction or purchases of houses in India for residential purposes

K R Pulp and Papers Ltd., Delhi vs. DCIT Central Circle-19, Delhi

ITA 755/DEL/2022[2017-18]Status: DisposedITAT Delhi04 Jul 2025AY 2017-18

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

Section 143(2)Section 143(3)Section 144CSection 144C(5)Section 801ASection 801A(4)(iv)Section 80ISection 92C

provisions of sub-section (6) of Section 80A of the Act, it is clear that in case where the goods of the eligible business are transferred to the non-eligible units of the assessee itself meant for consumption in non-eligible units, then the profits of the eligible units have ... well as perused the judicial precedents relied upon by both the sides. The facts shows that assessee has transferred low-pressure steam from eligible business to other business amounting to ₹ 1,028,618,630/-. The rate at which the low-pressure steam is supplied from eligible unit to non eligible

Basharat Saleem Rehtoo, Srinagar vs. DCIT, ACIT Cent. Circle, Srinagar

In the result the appeal of the assessee is allowed

ITA 456/ASR/2024[2019-20]Status: DisposedITAT Amritsar30 Jun 2025AY 2019-20

Bench: Sh. Udayan Dasgupta & Sh. Brajesh Kumar Singh

Section 132ASection 143(3)Section 250Section 44ASection 69A

total turnover of Rs. 28.90 lakhs, business profit was declared at Rs.2.89 lakhs ( covered by section 44AD ) , and in support of running an eligible business he submitted copies of certificate issued by the “All Kashmir Wholesale Mutton Dealers Union ”, certifying the existence of the business along with registration certificate issued ... taxmann.com 49 (Chandigarh - Trib.). 11. The Ld. AR concluded his arguments by stating that in the instant case the carrying on of an eligible business by the assessee , as per provisions of section 44AD of the Act 61, is proved beyond doubt which is duly supported by registration certificate issued

Mirza International Limited, Kanpur vs. DCIT Circle 2(1)(1), Kanpur

The appeals of the assessee stand partly allowed

ITA 35/LKW/2022[2017-2018]Status: DisposedITAT Lucknow30 Jun 2025AY 2017-2018

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

For Appellant: Shri Akshay Gupta, C.AFor Respondent: Shri Sunil Kumar Rajwanshi, D.R
Section 143(3)Section 40A(7)Section 80Section 92Section 92C

facts in making an adjustment under section 92 CA of the Act of Rs.3,14,89,283/- for computing the profit and gains of Eligible Business under section 80 IC of the Act and in making addition of Rs.3,14,89,283/- to the income of the assessee company ... amount of deduction claimed by the assessee u/s 80IC of the Act which has been claimed at 30% of the profits of the eligible business as computed by the assessee. 3. The learned Assessing Officer has erred in law and on facts in making disallowance of Rs.55

Dcm Shriram Limited, Delhi vs. Assessment Unit, Delhi

ITA 4328/DEL/2024[2020-21]Status: DisposedITAT Delhi30 Jun 2025AY 2020-21

Bench: Shri Challa Nagendra Prasad & Shri Manish Agarwal

Section 115JSection 143(3)Section 250Section 80GSection 80ISection 92C

well as perused the judicial precedents relied upon by both the sides. The facts shows that assessee has transferred low-pressure steam from eligible business to other business amounting to ₹ 1,028,618,630/–. The rate at which the low-pressure steam is supplied from eligible unit to non eligible

DCIT, New Delhi vs. Dcm Shriram Ltd, New Delhi

ITA 927/DEL/2022[2015-16]Status: DisposedITAT Delhi30 Jun 2025AY 2015-16

Bench: Shri Challa Nagendra Prasad & Shri Manish Agarwal

Section 115JSection 143(3)Section 250Section 80GSection 80ISection 92C

well as perused the judicial precedents relied upon by both the sides. The facts shows that assessee has transferred low-pressure steam from eligible business to other business amounting to ₹ 1,028,618,630/–. The rate at which the low-pressure steam is supplied from eligible unit to non eligible

Dcm Shriram Ltd, New Delhi vs. ACIT, Circle-7(1), New Delhi

ITA 2587/DEL/2022[2018-19]Status: DisposedITAT Delhi30 Jun 2025AY 2018-19

Bench: Shri Challa Nagendra Prasad & Shri Manish Agarwal

Section 115JSection 143(3)Section 250Section 80GSection 80ISection 92C

well as perused the judicial precedents relied upon by both the sides. The facts shows that assessee has transferred low-pressure steam from eligible business to other business amounting to ₹ 1,028,618,630/–. The rate at which the low-pressure steam is supplied from eligible unit to non eligible

Dcm Shriiram Limited, New Delhi vs. Neac, New Delhi

ITA 704/DEL/2021[2016-17]Status: DisposedITAT Delhi30 Jun 2025AY 2016-17

Bench: Shri Challa Nagendra Prasad & Shri Manish Agarwal

Section 115JSection 143(3)Section 250Section 80GSection 80ISection 92C

well as perused the judicial precedents relied upon by both the sides. The facts shows that assessee has transferred low-pressure steam from eligible business to other business amounting to ₹ 1,028,618,630/–. The rate at which the low-pressure steam is supplied from eligible unit to non eligible

Shahi Exports Private Limited, New Delhi vs. Assisstant Commissioner of Income Tax, Central Circle - 8, Delhi

In the result, appeal of the assessee is partly allowed

ITA 5143/DEL/2024[2021-22]Status: DisposedITAT Delhi27 Jun 2025AY 2021-22

Bench: Shri Anubhav Sharma & Shri Manish Agarwal[Assessment Year : 2021-22] Shahi Exports Pvt.Ltd., Vs Acit, F-88, Okhla Industrial Area, Central Circle-8, Phase-I, New Delhi-110020. Delhi Pan-Aajcs1175L Appellant Respondent Appellant By Shri Shivam Malik, Adv. Respondent By Shri S.K.Jhadav, Cit Dr Date Of Hearing 01.04.2025 Date Of Pronouncement 27.06.2025 Order

Section 115JSection 143(3)Section 144C(1)Section 144C(5)Section 80ISection 92C

section (6) of Section 80A and Section 80IA(8) of the Act, it is clear that in case where the goods of the eligible business are transferred to the non-eligible units of the assessee itself meant for consumption in non-eligible units, then the profits of the eligible units

Dev Priya Products Private Ltd., Delhi vs. DCIT, Central Circle, Meerut

In the result, appeal of the assessee is partly allowed

ITA 4433/DEL/2024[2020-21]Status: DisposedITAT Delhi27 Jun 2025AY 2020-21

Bench: Shri Anubhav Sharma & Shri Manish Agarwal[Assessment Year : 2020-21] Dev Priya Products Pvt.Ltd., Vs Dcit/Acit, 4, Shankar Vihar, 1St Floor, Central Circle, Vikas Marg, Delhi-110092. Meerut Pan-Aaacd4276C Appellant Respondent Appellant By Shri Ved Jain, Adv. & Shri Ayush Garg, Ca Respondent By Shri S.K.Jhadav, Cit Dr Date Of Hearing 02.04.2025 Date Of Pronouncement 27.06.2025 Order

Section 143(3)Section 144C(1)Section 80I

well as perused the judicial precedents relied upon by both the sides. The facts shows that assessee has transferred low-pressure steam from eligible business to other business amounting to ₹ 1,028,618,630/–. The rate at which the low-pressure steam is supplied from eligible unit to non eligible

Aravali Power Comany Private Ltd., Jhajjar vs. DCIT Circle-1(1), Delhi

In the result, all the five appeals of the assessee in

ITA 4604/DEL/2024[2019-20]Status: DisposedITAT Delhi23 Jun 2025AY 2019-20

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

For Appellant: Shri Ved Jain, AdvFor Respondent: Shri Jitender Singh, CIT-DR
Section 115JSection 28

sale of fly ash. On the issue of claim under section 80IA(4), the ld. DR submitted that the sale of fly ashes not eligible business hence the assessee is not eligible for any deduction under section 80 IA(4). The ld. DR relied upon the decisions of Supreme Court