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

Grand Legacy, Dehradun vs. DCIT Circle 1, Dehradun

In the result, the appeal of the assessee is allowed

ITA 229/DDN/2025[2018-19]Status: DisposedITAT Dehradun12 Mar 2026AY 2018-19

Bench: Shri Mahavir Singh & Shri Manish Agarwal[Assessment Year : 2018-19] Grand Legacy Vs Dcit Khasra No.384 Min/New Circle-1, No.642K, Dehra Khas Dehradun Adjoining Lal Pul Patel Uttarakhand Nagar, Dehradun Uttarakhand -248001 Pan-Aaifg4885D Appellant Respondent Appellant By Shri Rajan Malik & Shri A.K. Kashyap Respondent By Ms. Poonam Sharma, Cit Dr Date Of Hearing 10.03.2026 Date Of Pronouncement 12.03.2026 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By Assessee Against The Order Dated 19.09.2025 By Ld. Commissioner Of Income Tax (A), Nfac, Delhi [“Ld. Cit(A)”] In Appeal No. Nfac/2017-18/10101141 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 26.03.2021 Passed U/S 143(3) R.W.S. 143(3A) & 143(3B) Of The Act Pertaining To Assessment Year 2018-19. 2. Brief Facts Of The Case Are That Assessee Had Claimed Deduction U/S 80-Ic Of The Act Which Was Disallowed By The Ao For The Reason That The Assessee Has Not Fulfilled The Conditions Prescribed For Claiming Said Deduction & Initiated The Penalty Proceedings U/S 271A For Under Reporting As A Consequence Of Mis-Reporting Of Income. Thereafter, Ao Levied Penalty U/S 271A Of The Act Of Inr 67,820/- For Under Reporting By Invoking Clause (E) Of Sub-Section (9) Of Section 270A Of The Act.

Section 143(3)Section 250Section 270ASection 271ASection 274Section 80Section 80I

ACIT, CC-13, Jhandewalan vs. Sbl Pvt Ltd, Haridwar

In the result, the appeal of the Revenue is dismissed

ITA 4391/DEL/2025[2014-15]Status: DisposedITAT Delhi03 Dec 2025AY 2014-15

Bench: Shri Mahavir Singh & Shri Manish Agarwal[Assessment Year : 2014-15] Vs Acit Sbl Pvt. Ltd. Central Circle-13 Plot No.3, Sector-12, Iie, New Delhi. Sideul, Haridwar, Uttarakhand-249403. Pan-Aaccd0037H Appellant Respondent Revenue By Shri Jitender Singh, Cit Dr Assessee By Shri Shaurya Jain, Adv. Date Of Hearing 03.12.2025 Date Of Pronouncement 03.12.2025 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By Revenue Against The Order Dated 15.04.2025 Passed By Ld. Commissioner Of Income Tax (A)-26, New Delhi [“Ld.Cit(A)”] In Appeal No. 26/10525/17-18 U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 30.12.2016 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2014-15. 2. Brief Facts Of The Case Are That Assessee Company Engaged In Manufacturing Of Homoeopathy Medicines In India & Has Two Manufacturing Units Situated At Haridwar Which Are Eligible For Deduction U/S 80-Ic Of The Act & Also Has Units At Jaipur & Sahibabad, Which Are Non-Eligible Units. The Assessee Company Filed Its Return Of Income On 29.09.2014, Declaring Total Income Of Inr 18,85,40,940/-. The Case Was Selected For Scrutiny Through Cass & Notice U/S 143(2) Was Issued On 31.08.2015, Followed By Notices U/S 142(1) Alongwith Questionnaire. In Response, Requisite Details & Replies Were From Time To Time. After Considering The Submissions & Replies Filed By The Assessee In Support Of Its Claim, Ao Assessed The Income Of The Assessee Company At Inr 52,74,33,562/- Vide Assessment Order Dated 30.12.2016 Passed U/S 143(3) Of The Act By Making Estimation Of Income At Sahibabad Plant & Further By Making Disallowance Out Of Various Expenses & By Not Allowing The Deduction U/S 80Ic Of The Act.

Section 142(1)Section 143(2)Section 143(3)Section 250Section 80Section 80I