Section 115BBD of the Income Tax Act

The decision most relied on for Section 115BBD is CIT v. Refrigeration & Allied Industries Ltd. (247 ITR 12), cited in 50 of the 39 judgments on BharatTax that turn on this section.

Leading authorities on Section 115BBD

CIT v. Refrigeration & Allied Industries Ltd.
247 ITR 12 · 2001 · High Court
50
citing judgments

An asset, once installed and kept in an operational condition for business use, is eligible for depreciation even if it is not actively used during the entire previous year due to external business reasons.

Digital Equipment India Ltd. v. DCIT
103 TTJ 329 · 2006 · ITAT
27
citing judgments

A mere substantial profit does not inherently indicate an arrangement to earn profits beyond ordinary levels to abuse tax concessions under Section 80-IA(9) or (10). The Assessing Officer must provide specific evidence of such an arrangement.

Addl. CIT v. Delhi Press Patra Prakashan
10 SOT 74 · 2006 · ITAT
19
citing judgments

An Assessing Officer cannot arbitrarily adjust the profit margin of a specific unit by comparing it to the overall profit margin of the assessee, especially when the units have different business natures and separate books of accounts are maintained.

Livingstones Jewellery P. Ltd. v. Deputy CIT
31 SOT 323 · 2009 · ITAT
15
citing judgments

Disallowance under section 14A of the Income Tax Act is justified when the Assessing Officer records dissatisfaction with the assessee's claim that no expenditure was incurred.

1. CIT v. Gem Plus Jewellery India Ltd.
233 CTR 248 · 2010 · High Court
14
citing judgments

An assessee is eligible for deduction under Section 10A of the Income Tax Act, as decided in the assessee's own case for earlier assessment years.

Deepak Agro v. State of Rajasthan & Ors.
7 SCC 748 · 2008 · Reported
8
citing judgments
DCIT v. Total Oil India (P.) Ltd.
127 Taxmann.com 774 · 2021 · Reported
7
citing judgments
84 TTJ 241 (Del) RRB Consultatnts & Engg. (P) Ltd. v. ITO
221 Taxmann 71 · 2014 · High Court
7
citing judgments
Tube Investments of India v. CIT
260 ITR 94 · High Court
5
citing judgments
C.O. No.14/PUN/2021 (i) CIT v. Yamaha Motor India (P.) Ltd.
183 Taxmann 291 · 2009 · High Court
4
citing judgments

Judgments on Section 115BBD