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

ACIT, Ltu-2, Kolkata vs. M/S Century Plyboards(I), Ltd, Kolkata

In the result, all appeals of Revenue,( that is, ITA No

ITA 1635/KOL/2016[2012-13]Status: DisposedITAT Kolkata25 Jan 2018AY 2012-13

Bench: Shri N.V. Vasudevan, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1633, 1634 & 1635/Kol/2016 (िनधा"रणवष" / Assessment Years: 2009-10, 2011-12 & 2012-13) Acit, Ltu-2, Kolkata Vs. M/S Century Plyboards (I) Ltd. 6Th Floor, Large Tax Payer Unit, 180, 6, Lyons Range, Kolkata – 700 Shantipally, Kolkata – 700 107. 001. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aabcc 1682 J (Appellant) .. (Respondent) Appellant By :Md. Usman, Cit(Dr) Respondent By :Shri D. S. Damle, Fca सुनवाईकीतारीख/ Date Of Hearing : 06/12/2017 घोषणाकीतारीख/Date Of Pronouncement : 25/01/2018 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Three Appeals Filed By The Revenue, Pertaining To Assessment Years 2009-10, 2011-12 & 2012-13, Are Directed Against The Orderspassed By The Ld. Commissioner Of Income Tax (Appeals), Which In Turn Arise Out Of Assessment Orders Passed By The Assessing Officerunder Section 143(3)/263 Of The Income Tax Act, 1961 (Hereinafter Referred To As The ‘Act’). 2. Since, These Three Appeals Relate To The Same Assessee, Different Assessment Years, Identical Issues Are Involved, Therefore, These Have Been Clubbed & Heard Together & A Consolidated Order Is Being Passed For The Sake Of Convenience & Brevity. 3. First We Take Revenue’S Appeal In Ita No.1633/Kol/2016, A.Y. 2009- 10. M/S Century Plyboards (I) Ltd.

For Appellant: Md. Usman, CIT(DR)For Respondent: Shri D. S. Damle, FCA
Section 143(3)Section 14ASection 263

ACIT, Ltu-2, Kolkata vs. M/S Century Plyboards(I), Ltd, Kolkata

In the result, all appeals of Revenue,( that is, ITA No

ITA 1634/KOL/2016[2011-12]Status: DisposedITAT Kolkata25 Jan 2018AY 2011-12

Bench: Shri N.V. Vasudevan, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1633, 1634 & 1635/Kol/2016 (िनधा"रणवष" / Assessment Years: 2009-10, 2011-12 & 2012-13) Acit, Ltu-2, Kolkata Vs. M/S Century Plyboards (I) Ltd. 6Th Floor, Large Tax Payer Unit, 180, 6, Lyons Range, Kolkata – 700 Shantipally, Kolkata – 700 107. 001. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aabcc 1682 J (Appellant) .. (Respondent) Appellant By :Md. Usman, Cit(Dr) Respondent By :Shri D. S. Damle, Fca सुनवाईकीतारीख/ Date Of Hearing : 06/12/2017 घोषणाकीतारीख/Date Of Pronouncement : 25/01/2018 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Three Appeals Filed By The Revenue, Pertaining To Assessment Years 2009-10, 2011-12 & 2012-13, Are Directed Against The Orderspassed By The Ld. Commissioner Of Income Tax (Appeals), Which In Turn Arise Out Of Assessment Orders Passed By The Assessing Officerunder Section 143(3)/263 Of The Income Tax Act, 1961 (Hereinafter Referred To As The ‘Act’). 2. Since, These Three Appeals Relate To The Same Assessee, Different Assessment Years, Identical Issues Are Involved, Therefore, These Have Been Clubbed & Heard Together & A Consolidated Order Is Being Passed For The Sake Of Convenience & Brevity. 3. First We Take Revenue’S Appeal In Ita No.1633/Kol/2016, A.Y. 2009- 10. M/S Century Plyboards (I) Ltd.

For Appellant: Md. Usman, CIT(DR)For Respondent: Shri D. S. Damle, FCA
Section 143(3)Section 14ASection 263

ACIT, Ltu-2, Kolkata vs. M/S Century Plyboards(I), Ltd, Kolkata

In the result, all appeals of Revenue,( that is, ITA No

ITA 1633/KOL/2016[2009-10]Status: DisposedITAT Kolkata25 Jan 2018AY 2009-10

Bench: Shri N.V. Vasudevan, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1633, 1634 & 1635/Kol/2016 (िनधा"रणवष" / Assessment Years: 2009-10, 2011-12 & 2012-13) Acit, Ltu-2, Kolkata Vs. M/S Century Plyboards (I) Ltd. 6Th Floor, Large Tax Payer Unit, 180, 6, Lyons Range, Kolkata – 700 Shantipally, Kolkata – 700 107. 001. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aabcc 1682 J (Appellant) .. (Respondent) Appellant By :Md. Usman, Cit(Dr) Respondent By :Shri D. S. Damle, Fca सुनवाईकीतारीख/ Date Of Hearing : 06/12/2017 घोषणाकीतारीख/Date Of Pronouncement : 25/01/2018 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Three Appeals Filed By The Revenue, Pertaining To Assessment Years 2009-10, 2011-12 & 2012-13, Are Directed Against The Orderspassed By The Ld. Commissioner Of Income Tax (Appeals), Which In Turn Arise Out Of Assessment Orders Passed By The Assessing Officerunder Section 143(3)/263 Of The Income Tax Act, 1961 (Hereinafter Referred To As The ‘Act’). 2. Since, These Three Appeals Relate To The Same Assessee, Different Assessment Years, Identical Issues Are Involved, Therefore, These Have Been Clubbed & Heard Together & A Consolidated Order Is Being Passed For The Sake Of Convenience & Brevity. 3. First We Take Revenue’S Appeal In Ita No.1633/Kol/2016, A.Y. 2009- 10. M/S Century Plyboards (I) Ltd.

For Appellant: Md. Usman, CIT(DR)For Respondent: Shri D. S. Damle, FCA
Section 143(3)Section 14ASection 263