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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

Bhagwati Products Pvt. Ltd., Gurgaon vs. ITO, Ward- 4(4), New Delhi

The appeal of the assessee is allowed

ITA 5991/DEL/2019[2016-17]Status: DisposedITAT Delhi27 Jun 2024AY 2016-17

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaassessment Year: 2015-16 Bhagwati Products Pvt. Ltd., Vs Acit 697, Udyog Vihar Phase-5, Circle-23(1) Gurgaon, New Delhi. Haryana – 122 015. Pan: Aaccb1828N Assessment Year: 2016-17 Bhagwati Products Pvt. Ltd., Ito, Ward 4(4), Plot No.21/14, Block-A, Phase Ii, New Delhi. Naraina Indl. Area, Delhi – 110 028. Pan: Aaccb1828N (Appellant) (Respondent) Assessee By : Shri Ved Jain, Advocate & Ms Supriya Mehta, Ca Revenue By : Shri Kanav Bali, Sr. Dr & Shri Vivek Vardhan, Sr. Dr Date Of Hearing : 07.06.2024 Date Of Pronouncement : 27.06.2024 Order Per Anubhav Sharma, Jm: These Appeals Are Preferred By The Assessee Against The Orders Dated Nil & 30.05.2019 Of The Commissioner Of Income Tax (Appeals)-2, New Delhi (Hereinafter Referred As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Appeal No.Cit(A), Delhi-42/10372/17-18 & 10390/18-19, Respectively

For Appellant: Shri Ved Jain, Advocate &For Respondent: Shri Kanav Bali, Sr. DR &
Section 143(3)Section 80I

undisputed fact that all the aforesaid income or arising from the activities carried out by the industrial undertaking eligible for deduction under section 80IC of the Act. Therefore we are of the considered view all the incomes are eligible for deduction under section 80A of the Act. Regarding this

Bhagwati Products Pvt Ltd, Gurgaon vs. ACIT Circle-23(1), New Delhi

The appeal of the assessee is allowed

ITA 5077/DEL/2019[2015-16]Status: DisposedITAT Delhi27 Jun 2024AY 2015-16

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaassessment Year: 2015-16 Bhagwati Products Pvt. Ltd., Vs Acit 697, Udyog Vihar Phase-5, Circle-23(1) Gurgaon, New Delhi. Haryana – 122 015. Pan: Aaccb1828N Assessment Year: 2016-17 Bhagwati Products Pvt. Ltd., Ito, Ward 4(4), Plot No.21/14, Block-A, Phase Ii, New Delhi. Naraina Indl. Area, Delhi – 110 028. Pan: Aaccb1828N (Appellant) (Respondent) Assessee By : Shri Ved Jain, Advocate & Ms Supriya Mehta, Ca Revenue By : Shri Kanav Bali, Sr. Dr & Shri Vivek Vardhan, Sr. Dr Date Of Hearing : 07.06.2024 Date Of Pronouncement : 27.06.2024 Order Per Anubhav Sharma, Jm: These Appeals Are Preferred By The Assessee Against The Orders Dated Nil & 30.05.2019 Of The Commissioner Of Income Tax (Appeals)-2, New Delhi (Hereinafter Referred As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Appeal No.Cit(A), Delhi-42/10372/17-18 & 10390/18-19, Respectively

For Appellant: Shri Ved Jain, Advocate &For Respondent: Shri Kanav Bali, Sr. DR &
Section 143(3)Section 80I

undisputed fact that all the aforesaid income or arising from the activities carried out by the industrial undertaking eligible for deduction under section 80IC of the Act. Therefore we are of the considered view all the incomes are eligible for deduction under section 80A of the Act. Regarding this

Deputy Commissioner of Income-Tax, Corporate Circle 1(1), Chennai vs. Pool Thevar Marimuthu, Chennai

In the result, appeal filed by the revenue for assessment year 2014-15 is dismissed

ITA 1421/CHNY/2023[2014-15]Status: DisposedITAT Chennai29 May 2024AY 2014-15

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकर अपील सं./Ita No.: 1421/Chny/2023 िनधा"रण वष" / Assessment Year: 2014-15 Pool Thevar Marimuthu, Deputy Commissioner Of V. Old No. 54, New No. 23, Income-Tax, Defence Colony, Corporate Circle -1(1), Ekkattuthangal, Chennai. Chennai – 600 032. [Pan: Aanpm-5361-M] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. V. Nandakumar, Cit ""यथ" क" ओर से/Respondent By : Shri. Y. Sridhar, Fca सुनवाई क" तारीख/Date Of Hearing : 09.05.2024 घोषणा क" तारीख/Date Of Pronouncement : 29.05.2024 आदेश /O R D E R

For Appellant: Shri. V. Nandakumar, CITFor Respondent: Shri. Y. Sridhar, FCA
Section 801CSection 80I

ITAT in ITA No. 3399 & 3400/Chny/2019, by confirming the setting up of an undertaking which has been done as per the provisions of section 80IC of the Act and denial of deduction claimed u/s. 80IC of the Act has been deleted. The issue wise submissions for assessment years ... Taxmann 462 (SC), wherein the Supreme Court has decided the issue on Section 80IA of the Act, which is in pari materia with section 80IC(4), wherein the Apex Court has confirmed the order of the Delhi Delhi High Court in [(2012) 251 CTR 290 (Del)] dated 08.08.2021. The Delhi