Section 80-IA of the Income Tax Act

Income-tax Act, 2025: s.138

Section 80-IA of the Income-tax Act, 1961 corresponds to section 138 (Deductions in respect of profits and gains from industrial undertakings or enterprises engaged in infrastructure development, etc) of the Income-tax Act, 2025.

Read section 138 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 80-IA is Velayudhaswamy Spinning Mills (P) Ltd. v. ACIT (340 ITR 477), cited in 213 of the 612 judgments on BharatTax that turn on this section.

Leading authorities on Section 80-IA

Velayudhaswamy Spinning Mills (P) Ltd. v. ACIT
340 ITR 477 · 2012 · High Court
213
citing judgments

If unabsorbed depreciation or losses from years prior to the initial assessment year for Section 80-IA claim have already been set off against other income, they cannot be notionally carried forward again to reduce the profits of the eligible unit for computing deduction under Section 80-IA. The notional carry forward provision under Section 80-IA(5) applies only to unabsorbed depreciation or losses that have not yet been absorbed.

CIT v. Holcim India Pvt. Ltd.
272 CTR 282 · 2014 · High Court
128
citing judgments

No disallowance under Section 14A can be made when no exempt income has been earned by the assessee, and investments made for business purposes in subsidiaries do not warrant disallowance under Section 14A, even if no dividend income is earned.

CIT v. ITC Ltd.
236 Taxmann 612 · 2016 · High Court
108
citing judgments

When computing deduction under Section 80IA, specifically for inter-unit transfer of power, the benefit cannot be claimed based on rates chargeable by distribution licensees to consumers. The deduction must be computed based on the rate fixed by the Tariff Regulation Commission for sale by electricity generating companies.

CIT v. Sesa Goa Ltd.
271 ITR 331 · 2004 · Supreme Court
92
citing judgments

Extraction and processing of iron ore constitutes "production" for the purpose of claiming tax benefits like investment allowance under Section 32A and additional depreciation under Section 32(1)(iia), even if it does not amount to "manufacture".

Garware Wall Ropes Ltd. v. ACIT
65 SOT 86 · 2014 · ITAT
74
citing judgments

Disallowance under Section 14A read with Rule 8D(2)(iii) does not apply to long-term investments, including those in subsidiary/group concerns or strategic investments, and such investments should be excluded from the calculation.

Katira Constructions Limited v. Union of India and Others
352 ITR 513 · 2013 · High Court
70
citing judgments

The Gujarat High Court holds that the explanation to Section 80-IA(4) of the Income-tax Act, regarding works contracts for infrastructure facilities, is clarificatory and explanatory in nature, not an amendment with retrospective effect. Its vires are upheld as it does not levy tax retrospectively.

CIT v. Glenmark Pharmaceuticals Ltd.
324 ITR 199 · 2010 · High Court
69
citing judgments

A taxpayer is eligible for deduction under Section 80IA for developing and operating infrastructure facilities, with the decision clarifying the distinction between a contractor and a developer for this purpose.

CIT v. Jindal Steel & Power Ltd.
157 Taxmann.com 207 · 2023 · Supreme Court
58
citing judgments

For Section 80IA deductions, the market value of electricity supplied by a captive power plant (eligible unit) to its industrial unit (non-eligible unit) must be computed by comparing prices in the open market and those charged by State Electricity Boards to industrial consumers.

Indusind Bank Ltd. v. ACIT
135 ITD 165 · 2012 · ITAT
49
citing judgments

A Special Bench decision of the ITAT, as reported in 135 ITD 165, must be followed by lower benches and appellate authorities due to judicial discipline.

CIT v. Reliance Energy Limited
127 Taxmann.com 69 · 2021 · Supreme Court
47
citing judgments

Deduction under Section 80-IA or 80-IB is computed by setting it off against the gross total income to arrive at the total income of an assessee.

Judgments on Section 80-IA

Harbauer(India) Pvt. Ltd., Kolkata vs. Asstt. Director of Income Tax, CPC, Bangalore

In the result, the appeal of the assessee stands allowed

ITA 512/KOL/2021[2019-20]Status: DisposedITAT Kolkata08 Feb 2023AY 2019-20

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A No.512/Kol/2021 Assessment Year: 2019-20 Harbauer (India) Pvt. Ltd.....................................................................…..…Appellant 16 Acropolis Mall, 1858 7Th Floor, Rajdanga Main Road, Kasba, Kolkata-700107. [Pan: Aabch3424M] Vs. Adit, Cpc...........................…..….............................................…....…..…..Respondent Appearances By: Shri Anuj Musaddi, Ca, Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 23, 2023 Date Of Pronouncing The Order : February 08, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 22.09.2021 Of The National Faceless Appeal Centre [Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1(A). On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(Appeals) Erred In Upholding The Additions/ Disallowances Made By The Learned Adit-Cpc In The Order Under Section 143(1) Of The Income Tax Act, 1961 ('Act'). 1(B). On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(Appeals) Erred In Not Providing Opportunity Of Personal Hearing/ Video Conferencing Before Upholding The Additions/ 1(B) Disallowances Made By The Learned Adit-Cpc In The Order Under Section

Section 143(1)Section 143(1)(a)Section 234BSection 234CSection 250Section 36(1)(va)Section 80