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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

Relaxo Footwear Ltd., Delhi vs. Assessing Officer, National E- Assesment Centre, New Delhi

In the result, the appeal of the assessee is allowed

ITA 590/DEL/2021[2016-17]Status: FixedITAT Delhi20 Jul 2023AY 2016-17

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaassessment Year: 2016-17 Relaxo Footwear Ltd., Vs Assessing Officer, Plot No.10, Aggarwal City Square, National E-Assessment Centre, Manglam Place Sec.3, New Delhi. New Delhi – 110 085. Pan: Aaacr0259D (Applicant) (Respondent) Assessee By : Shri Ved Jain, Ca Revenue By : Shri R.D. Burman, Cit-Dr Date Of Hearing : 26.06.2023 Date Of Pronouncement : 20.07.2023 Order Per M. Balaganesh, Am: This Appeal In Ita No.590/Del/2021 For Ay 2016-17 Arises Out Of The Order Of The National E-Assessment Centre, Delhi (Hereinafter Referred To As ‘Ld. Ao’) Passed U/S 143(3) R.W.S. 144C & 144C(13) R.W.Ss 143(3A) & 143(3B) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 30.03.2021. 2. Though The Assessee Has Raised Several Grounds Before Us, The Only Effective Issue To Be Decided In This Appeal Is As To Whether The Ld. Ao Was Justified In Making Transfer Pricing Adjustment Of Rs.91,04,673/- Pursuant To The Directions Of The Ld. Drp In Respect Of The Specified Domestic Transactions.

For Appellant: Shri Ved Jain, CAFor Respondent: Shri R.D. Burman, CIT-DR
Section 143(3)Section 144C(5)Section 3Section 80I

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : I : DELHI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA