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“section 80IC”

DeductionsSection 80ICSection 80IC591 judgments

The decision most relied on for section 80IC is ACB India Ltd. v. ACIT (374 ITR 108), cited in 364 judgments on BharatTax.

Leading authorities on section 80IC

ACB India Ltd. v. ACIT
374 ITR 108 · 2015 · High Court
364
citing judgments

When computing disallowance under Section 14A of the Income-tax Act using Rule 8D of the Income-tax Rules, only investments that have actually yielded exempt income during the relevant previous year are to be considered for the calculation.

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.

TM) Vishnu Jaiswal v. CIT
357 ITR 146 · 2013 · High Court
272
citing judgments

If the Assessing Officer has not conducted any investigation and thus has not discharged their burden of proof, any addition made by the AO is unsustainable and must be deleted.

CIT v. Ashwani Gupta
322 ITR 396 · 2010 · High Court
262
citing judgments

Proceedings become fatal if principles of natural justice are violated, such as when seized material is not provided to the assessee or cross-examination of a person whose statement the Assessing Officer relies upon is denied.

CIT v. Meghalaya Steels Ltd.
383 ITR 217 · 2016 · Supreme Court
203
citing judgments

Subsidies and excise duty refunds that are accounted for in the Profit and Loss account are revenue in nature, form part of business income, and are eligible for deductions under Section 80IB/80IC. Such receipts cannot be reduced from the block of assets for depreciation calculation.

Textile Machinery Corporation Ltd. v. CIT
107 ITR 195 · 1977 · Supreme Court
165
citing judgments

A new industrial undertaking is not considered a reconstruction of an existing business for tax deduction purposes if it is a separate, independent production unit manufacturing commercially tangible products that can operate without losing its identity in the old business. The transfer and substantial use of assets and manpower from an old business to a new one may indicate reconstruction.

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.

Judgments citing section 80IC

Kumaon Exports Private Limited, Delhi vs. DCIT Circle 14(2), Delhi

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

ITA 39/DEL/2024[2018-19]Status: DisposedITAT Delhi05 Dec 2024AY 2018-19

Bench: Shri S.Rifaur Rahman & Shri Sudhir Pareekkumaon Exports Pvt. Ltd., Vs. Dcit, Circle 14 (2), F-26, G.N. 6, Khasara No.41/5/1 & 28/5/2, Delhi. Sadatpur Karawal Nagar, Delhi – 110 094. (Pan : Aaack3655L) (Appellant) (Respondent) Assessee By : Shri Anil Jain, Advocate Revenue By : Ms. Rishpal Bedi, Cit Dr Date Of Hearing : 26.09.2024 Date Of Order : 05.12.2024 Order Per S.Rifaur Rahman,Am: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax Appeals-3, Chennai (Hereinafter Referred To ‘Ld. Cit (A)’) Dated 13.12.2023 For Assessment Year 2018-19. 2. Brief Facts Of The Case Are, The Assessee Has Filed Its Original Return Of Income On 23.10.2018 For Assessment Year 2018-19 & Filed Form 10Ccb To Claim The Deduction Under Section 80Ic Of The Income-Tax Act, 1961 (For Short ‘The Act’) Only On 05.11.2018. Subsequently, The Assessee

For Appellant: Shri Anil Jain, AdvocateFor Respondent: Ms. Rishpal Bedi, CIT DR
Section 10BSection 143(1)Section 80I

assessee has filed its original return of income on 23.10.2018 for Assessment Year 2018-19 and filed Form 10CCB to claim the deduction under section 80IC of the Income-tax Act, 1961 (for short ‘the Act’) only on 05.11.2018. Subsequently, the assessee 2 revised its return of income ... against the returned income of Rs.33790560 thereby confirming the addition of Rs.14580526. 2. The Ld. CIT (A) has erred in confirming the deduction under section 80IC made by the Ld. Assessing Officer for Rs.14580526/- on account of delay of online filing of From 10CCB on 5.11.2018 i.e. delay

Titan Company Limited, Hosur vs. Assistant Commissioner of Income Tax - Ltu 2 (Ic), Chennai

In the result the appeal raised by the assessee is partly allowed

ITA 1742/CHNY/2024[2011- 12]Status: DisposedITAT Chennai04 Dec 2024

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita No.1742/Chny/2024 निर्धारण वर्ा /Assessment Years: 2011-12 Titan Company Limited, Assistant Commissioner Of No.3, Sipcot Industrial Complex, Income Tax, Hosur, Krishnagiri, Ltu-2, Tamil Nadu-635126 Chennai [Pan: Aaact5131A] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) : Shri Abhay Kumar, C.A अपीलार्थी की ओर से/ Assessee By : Ms.Komali Krishna, Cit प्रत्यर्थी की ओर से /Revenue By सुनवाई की तारीख/Date Of Hearing : 10.09.2024 घोषणा की तारीख /Date Of Pronouncement : 04.12.2024

For Appellant: Ms.Komali Krishna, CIT
Section 147Section 250Section 80Section 80C(2)(a)Section 80I

loss of the initial AY and hence explicitly covered within the scope of section 80IA(5), is to be considered as per provisions of Section 80IC(7) r.w.s 80IA(5) of the Act which starts with a non obstante clause and treats the eligible business as the only source ... subsequent year I.e. AY 2011-12 and its notional :- 10 -: set-off in accordance with the provisions laid down in the Section 80IC(7) r.w.s 8OIA(5) of the Act. 7.8 Reliance is also placed on the decision of the Hon'ble Special Bench of ITAT, Ahmedabad deciding this issue