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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

ACIT (Ltu)-1, Mumbai vs. M/S Glenmark Pharmaceuticals Ltd., Mumbai

ITA 884/MUM/2020[2009-10]Status: DisposedITAT Mumbai29 Apr 2022AY 2009-10

Bench: Shri M. Balaganesh & Shri Kuldip Singhassessment Year: 2009-10 Asst. Commissioner Of M/S. Glenmark Income Tax (Ltu)-1, Pharmaceuticals Ltd., 29Th Floor, Center-1, Glenmark House, World Trade Center, Hdo Corporate Building, Cuffe Parade, Wing A, Mumbai – 400 005 Vs. B.D. Sawant Marg, Chakla, Opp. Western Express Highway, Andheri (East), Mumbai – 400 099 Pan: Aaacg2207L (Appellant) (Respondent) Present For: Assessee By : Shri Anuj Kisnadwala, A.R. Revenue By : Shri Hoshang B. Irani, D.R. Date Of Hearing : 16 . 02 . 2022 Date Of Pronouncement : 29 . 04 . 2022 O R D E R Per : Kuldip Singh: The Appellant, Asst. Commissioner Of Income Tax (Ltu), Mumbai (Hereinafter Referred To As ‘The Revenue’) By Filing The Present Appeal, Sought To Set Aside The Impugned Order Dated 22.11.2019 Passed By Commissioner Of Income Tax (Appeals)-3, Mumbai [Hereinafter Referred To As The Cit(A)] Qua The Assessment Year 2009-10 On The Grounds Inter Alia That :-

For Appellant: Shri Anuj Kisnadwala, A.RFor Respondent: Shri Hoshang B. Irani, D.R
Section 115JSection 143Section 80CSection 80I

well as the Revenue on various issues including issue as to whether R&D expenses need to be allocated to unit claiming deduction under section 80IC of the Act. 3. This is second round of litigation as in the earlier round Tribunal has remanded the case back to Assessing Officer ... assessee, is to be allocated to the profits derived at/from the eligible industrial undertaking/independent unit at Baddi for calculating the deduction under section 80IC of the Act for the Baddi unit?” 8. Ld. D.R. for the Revenue challenging the impugned order passed by the Ld. CIT(A) relied upon