Section 80IA(10) of the Income Tax Act

Income-tax Act, 2025: s.138

Section 80IA(10) falls under section 80IA of the Income-tax Act, 1961, which 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 80IA(10) is Digital Equipment India Ltd. v. DCIT (103 TTJ 329), cited in 27 of the 93 judgments on BharatTax that turn on this section.

Leading authorities on Section 80IA(10)

Digital Equipment India Ltd. v. DCIT
103 TTJ 329 · 2006 · ITAT
27
citing judgments

A mere substantial profit does not inherently indicate an arrangement to earn profits beyond ordinary levels to abuse tax concessions under Section 80-IA(9) or (10). The Assessing Officer must provide specific evidence of such an arrangement.

Addl. CIT v. Delhi Press Patra Prakashan
10 SOT 74 · 2006 · ITAT
19
citing judgments

An Assessing Officer cannot arbitrarily adjust the profit margin of a specific unit by comparing it to the overall profit margin of the assessee, especially when the units have different business natures and separate books of accounts are maintained.

Livingstones Jewellery P. Ltd. v. Deputy CIT
31 SOT 323 · 2009 · ITAT
15
citing judgments

Disallowance under section 14A of the Income Tax Act is justified when the Assessing Officer records dissatisfaction with the assessee's claim that no expenditure was incurred.

CIT v. H.P. Global Soft Ltd.
342 ITR 263 · 2012 · High Court
15
citing judgments

The Assessing Officer cannot invoke provisions related to profit attribution or adjustment under section 80IA(9) (analogous to 80IA(8) and 80IA(10)) without material evidence to show an arrangement between the assessee and associated enterprises that resulted in profits exceeding what might be ordinarily expected.

CIT v. Schmetz India (P.) Ltd.
26 Taxmann.com 336 · 2012 · High Court
12
citing judgments

Extraordinary profits alone do not prove an "arranged" manner for claiming higher deductions under Section 10A; the Assessing Officer must prove an arrangement between parties that resulted in such profits.

84 TTJ 241 (Del) RRB Consultatnts & Engg. (P) Ltd. v. ITO
221 Taxmann 71 · 2014 · High Court
7
citing judgments
Tube Investments of India v. CIT
260 ITR 94 · High Court
5
citing judgments
CIT v. Arun Excello Foundation (P.) Ltd.
29 Taxmann 149 · 2013 · High Court
4
citing judgments
Magnum Power Generation Ltd. v. DCIT
16 Taxmann.com 75 · 2011 · High Court
3
citing judgments
Karumuthu Thiagaraja Chetty & Co. v. Commissioner of Excess Profits Tax
42 ITR 788 · Reported
3
citing judgments

Judgments on Section 80IA(10)

ACIT (Cir.) - 6(1)(2), Mumbai vs. Bhandar Power Ltd., Mumbai

In the result, appeal of the Revenue is dismissed

ITA 1908/MUM/2018[2013-14]Status: DisposedITAT Mumbai13 Oct 2025AY 2013-14

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2013-14 Assistant Commissioner Of Bhandar Power Ltd. Income Tax, 14Th Floor, Essar House, Circle 6(1)(2), 11, K. K. Marg, Mahalaxmi, Vs. Mumbai Mumbai - 400034 (Pan: Aaacb6693B) (Appellant) (Respondent) Present For: Assessee : Shri Vijay Mehta, Fca & Shri Tarang Mehta, Advocate Revenue : Shri Satyaprakash R. Singh, Cit Dr Date Of Hearing : 29.07.2025 Date Of Pronouncement : 13.10.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Revenue Is Against The Order Of Ld. Cit(A), Delhi, Vide Order Dated 25.01.2018 Passed Against The Assessment Order By Ito 6(1)(4), Mumbai, U/S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 20.12.2016, For Assessment Year 2013-14. 2. Grounds Taken By The Revenue Are Reproduced As Under: 1. On The Facts & In The Circumstances Of The Case & In Law, The Cit(A) Is Not Justified In Deleting The Disallowance Of Deduction U/S 80Ia Of The Income Tax Act Of Rs. 203,13,43,740/-Without Considering The Fact That The Provisions Of Section 801A(10) Is Clearly Attracted In This Case Hence The Assessee Is Not Eligible For Claiming Deduction U/S 801A Of The Income Tax Act.

For Appellant: Shri Vijay Mehta, FCA and Shri Tarang Mehta, AdvocateFor Respondent: Shri Satyaprakash R. Singh, CIT DR
Section 143(3)Section 801ASection 801A(10)Section 80I