Section 80-IC of the Income Tax Act

The decision most relied on for Section 80-IC is Textile Machinery Corporation Ltd. v. CIT (107 ITR 195), cited in 165 of the 262 judgments on BharatTax that turn on this section.

Leading authorities on Section 80-IC

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.

Indian Oil Panipat Power Consortium Ltd. v. ITO
315 ITR 255 · 2009 · High Court
112
citing judgments

Interest earned from the temporary parking of borrowed funds specifically intended for project development, prior to the commencement of business, constitutes a capital receipt inextricably linked to the project and is not taxable as 'income from other sources'.

ITO v. Arihant Tiles and Marbles Pvt. Ltd.
320 ITR 79 · 2010 · Supreme Court
88
citing judgments

For the purpose of claiming deductions under sections like 10B, 80IC, 80HHC, 80J, and 80I, a process must amount to 'manufacture' as defined under Section 2(29BA), involving genuine value addition or chemical transformation.

Indian Cine Agencies v. CIT
308 ITR 98 · 2009 · Supreme Court
59
citing judgments

The activity of cutting jumbo roll films into flat and small rolls in desired sizes is considered manufacture or production for the purposes of the Income-tax Act.

Commissioner of Central Excise v. Johnson & Johnson Ltd.
251 ITR 323 · 2001 · Supreme Court
46
citing judgments

The transformation of bulk powder into regulated, consumable capsules constitutes manufacturing under the definition provided in various statutes, qualifying for associated tax benefits and deductions.

1961, in Chrestian Mica Industries Ltd. v. State of Bihar
12 STC 150 · 1961 · Supreme Court
40
citing judgments

The definition of 'production' includes mining activity for the purpose of producing mineral ores, as ore is a 'thing' resulting from effort.

Pr. CIT v. Aarham Softronics
412 ITR 623 · 2019 · Supreme Court
40
citing judgments

When an existing unit undertakes substantial expansion under Section 80-IC, the previous year in which the expansion occurs becomes the initial assessment year, entitling the unit to 100% deduction for 10 years from that year.

Empire Industries Ltd. v. Union of India
3 SCC 314 · 1985 · Supreme Court
38
citing judgments

For an activity to be considered 'manufacture', it must result in a transformation where a new and different article emerges with a distinctive name, character, or use.

CIT v. R.M. Chidambaram
106 ITR 292 · 1977 · Supreme Court
36
citing judgments

Salary paid to a partner is merely a mode of sharing profits and retains the character of the firm's income. The payment is an adjustment of the amount the partner is entitled to receive based on their contribution of human capital, skill, and toil.

Areva T & D India Ltd. v. DCIT
20 Taxmann.com 29 · 2012 · High Court
34
citing judgments

Specified intangible assets like business claims, information, records, contracts, employees, and know-how acquired under a slump sale are considered 'business or commercial rights' eligible for depreciation under section 32(1)(ii).

Judgments on Section 80-IC

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