Section 80HHC of the Income Tax Act

The decision most relied on for Section 80HHC is Additionally, in CIT v. A. Raman & Co. (67 ITR 11), cited in 321 of the 1,083 judgments on BharatTax that turn on this section.

Leading authorities on Section 80HHC

Additionally, in CIT v. A. Raman & Co.
67 ITR 11 · 1968 · Supreme Court
321
citing judgments

The mere lawful reorganization of a business transaction does not automatically imply an intent to evade tax, and genuine business adjustments should not be considered suppressive actions without clear evidence of such intent.

Bajaj Tempo Ltd. v. CIT
196 ITR 188 · 1992 · Supreme Court
289
citing judgments

Provisions in taxing statutes that grant incentives, concessions, or exemptions for promoting economic growth and industrialization must be interpreted liberally and purposively. Any restrictions placed on such provisions should also be construed reasonably to advance their objective, not frustrate it.

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. N.C. Budharaja & Co.
204 ITR 412 · 1993 · Supreme Court
164
citing judgments

The word 'production' has a wider connotation than 'manufacture'; every manufacture is production, but not every production amounts to manufacture. 'Production' includes bringing into existence new goods, by-products, or inter-products through a process, which may or may not be manufacture.

CIT v. Lakshmi Machine Works
290 ITR 667 · 2007 · Supreme Court
163
citing judgments

Excise duty collected by the assessee as an agent on behalf of the government is not includible in the total turnover for the purpose of computing deduction under section 80HHC.

Chowringhee Sales Bureau (P.) Ltd. v. CIT
87 ITR 542 · 1973 · Supreme Court
155
citing judgments

Indirect tax components, such as sales tax, are included when calculating gross turnover or sales receipts for determining business income. Deductions relating to these taxes are subject to the provisions of Section 43B, requiring actual payment for deductibility.

ACG Associated Capsules (P) Ltd. v. CIT
343 ITR 89 · 2012 · Supreme Court
144
citing judgments

For calculation of deduction under Section 80HHC, if total interest is netted off after adjusting interest paid and received, the 90% reduction specified in Explanation (baa) is not applicable.

CIT v. Asahi India Safety Glass Ltd.
346 ITR 329 · 2012 · High Court
129
citing judgments

Expenses incurred for software license purchase, development of miscellaneous software, and maintenance of websites are considered revenue in nature. Such expenses are deductible in the year they are incurred.

Topman Exports v. CIT
342 ITR 49 · 2012 · Supreme Court
121
citing judgments

Export incentives, such as DEPB (Duty Entitlement Pass Book) and advance license benefits, constitute income taxable on an accrual basis under Section 28 of the Income-tax Act. Profit arising on the transfer of DEPB is not eligible for deduction under Section 80HHC.

CIT v. K.V. Pilliah and Sons.
63 ITR 411 · 1967 · Supreme Court
97
citing judgments

The Income Tax Appellate Tribunal is not required to repeat its reasons when it fully agrees with the conclusions of the lower appellate authority and has no further grounds to add, even as the final fact-finding body.

Judgments on Section 80HHC

M/S. Nicholas Piramal India Ltd., Mumbai vs. ACIT Cir. - 7(1), Mumbai

In the result, the appeal of the assessee is partly allowed for statistical purposes and appeal of the revenue is dismissed

ITA 3927/MUM/2006[2002-2003]Status: DisposedITAT Mumbai20 Feb 2020AY 2002-2003

Bench: Shri Mahavir Singh, Jm & Shri M.Balaganesh, Am M/S. Piramal Enterprises Ltd. Vs. Addl. Commissioner Of Income Tax (Formerly Known As Piramal Circle 7(1), Aayakar Bhavan Healthcare Ltd.,) Mumbai - 400020 (Before Known As Nicholas Piramal India Ltd.,) Piramal Tower, Ganpatrao Kadam Marg Lower Parel, Mumbai-400013 Pan/Gir No.Aaacn4538P (Appellant) .. (Respondent) Addl. Commissioner Of Vs. M/S. Piramal Enterprises Ltd. Income Tax (Formerly Known As Piramal Healthcare Circle 7(1), Aayakar Ltd.,) Bhavan (Before Known As Nicholas Piramal India Mumbai - 400020 Ltd.,) Piramal Tower, Ganpatrao Kadam Marg Lower Parel, Mumbai-400013 Pan/Gir No.Aaacn4538P (Appellant) .. (Respondent) Assessee By Shri Ronak Joshi Revenue By Shri Kumar Padmapani Bora Date Of Hearing 29/11/2019 Date Of Pronouncement 20/02 /2020 आदेश / O R D E R Per M. Balaganesh (A.M): These Cross Appeals In Ita Nos.3927/Mum/2006 & 4066/Mum/2006 For A.Y.2002-03 Arises Out Of The Order By The Ld. Commissioner Of Income Tax (Appeals)-Xix, Mumbai In Appeal No.Cit(A)Xix/It-104/05-06 Dated 31/03/2006 (Ld. Cit(A) In Short) Against The Order Of Assessment Passed U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As Act) Dated 31/03/2005 By The Ld. Addl. Commissioner Of Income Tax, Range 7(1), Mumbai (Hereinafter Referred To As Ld. Ao). M/S. Piramal Enterprises Ltd.

Section 143(3)

The DCIT Cir 3(1), Mumbai vs. M/S. Gujarat Ambuja Cements Ltd, Mumbai

Appeal stand partly allowed to the extent indicated in the order

ITA 7486/MUM/2007[2004-2005]Status: DisposedITAT Mumbai06 Jan 2020AY 2004-2005

Bench: Hon’Ble Shri Mahavir Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No.7486/Mum/2007 (िनधा"रण वष" / Assessment Year:2004-05) Acit-(Ltu)-1 Ambuja Cements Limited बनाम/ World Trade Centre [Earlier Known As Gujarat Ambuja Cements Ltd.] Elegant Business Park Centre-1, 29Th Floor, Vs. Midc Cross Road “B”, Off Andheri-Kurla Road Cuffe Parade, Mumbai-05. Andheri (E), Mumbai-400 059. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacg-0569-P (अपीलाथ"/Appellant) (""थ" / Respondent) : & आयकरअपील सं./ I.T.A. No.7494/Mum/2007 (िनधा"रण वष" / Assessment Year:2004-05) Ambuja Cements Limited Dcit–Range-3(1) [Earlier Known As Gujarat Ambuja Cements Ltd] बनाम/ Aaykar Bhavan, M.K. Road Elegant Business Park Mumbai-400 020. Vs. Midc Cross Road “B”, Off Andheri-Kurla Road Andheri (E), Mumbai-400 059. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacg 0569 P (अपीलाथ"/Appellant) (""थ" / Respondent) : & C.O. No.222/Mum/2017 [Arising Out Of Ita No. 7494/Mum/2007] (िनधा"रण वष" / Assessment Year:2004-05) Acit-(Ltu)-1 Ambuja Cements Limited बनाम/ [Earlier Known As Gujarat Ambuja Cements Ltd.] World Trade Centre Elegant Business Park Centre-1, 29Th Floor, Vs. Midc Cross Road “B”, Off Andheri-Kurla Road Cuffe Parade, Mumbai-05. Andheri (E), Mumbai-400 059. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacg-0569-P (अपीलाथ"/Appellant) (""थ" / Respondent) :

For Appellant: S/Shri Yogesh Thar, Hardik Nirmal &For Respondent: Shri Anadi Varma-Ld.CIT-DR & Shri
Section 115JSection 143(3)