Section 80IA(7) of the Income Tax Act

Income-tax Act, 2025: s.138

Section 80IA(7) 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(7) is CIT v. Contimeters Electricals (P.) Ltd. (317 ITR 249), cited in 140 of the 37 judgments on BharatTax that turn on this section.

Leading authorities on Section 80IA(7)

CIT v. Contimeters Electricals (P.) Ltd.
317 ITR 249 · 2009 · High Court
140
citing judgments

The requirement to file an audit report along with the return of income under section 80-IA(7) and similar provisions is directory, not mandatory. Such a report suffices if filed at any time before the assessment is framed.

CIT v. Berger Paints (India) Ltd.
254 ITR 503 · 2002 · High Court
118
citing judgments

A deduction claimed under Section 80-IB (or 80-IA) cannot be denied solely on the ground of non-filing or delayed filing of the audit report in Form 10CCB, as such procedural requirements can be treated as directory, and delays may be condoned.

CIT v. ACE Multitaxes Systems (P.) Ltd.
317 ITR 207 · 2009 · High Court
107
citing judgments

For claiming relief under Chapter VI-A deductions like Section 80IB or 80IA, the audit report in Form 10CCB is not mandatory to be filed with the return of income, but can be submitted before the assessment is completed.

CIT v. A.N. Arunachalam
208 ITR 481 · 1994 · High Court
106
citing judgments

The requirement to file an audit report along with the return of income for claiming deductions under sections like 80-IA(7) or 80J(6A) is directory, not mandatory, and can be filed at any time before the assessment is finalized.

CIT v. Mahalakshmi Rice Factory
294 ITR 631 · 2007 · High Court
53
citing judgments

For claiming deduction under section 80IA, the audit report can be filed during the course of or before the completion of assessment proceedings.

Bombay in CIT v. Shivanand Electronics
75 Taxmann 93 · 1994 · High Court
28
citing judgments

Delay in filing an appeal can be condoned by the Commissioner under section 250 if sufficient cause is shown.

75 Taxman 529 and in CIT v. Jayant Patel
117 Taxmann 707 · 2001 · High Court
20
citing judgments
PCIT v. Surya Merchands Ltd.
387 ITR 105 · 2016 · High Court
19
citing judgments

The requirement to furnish an audit report along with the return of income under Section 80IA(7) of the Income Tax Act, 1961, is directory and not mandatory, and will be satisfied if the report is filed during the assessment proceedings.

CIT v. Sanjay Kumar Bansal
35 Taxmann.com 514 · Reported
8
citing judgments
CIT v. Maholaxmi Rice Factory
63 Taxmann 565 · High Court
8
citing judgments

Judgments on Section 80IA(7)

Fivd India Consulting Pvt Ltd, Gurgaon vs. DCIT, Central Circle-1(1), Gurgaon

In the result, appeal of the assessee is allowed for statistical purpose in the terms aforesaid

ITA 3877/DEL/2025[2023-24]Status: DisposedITAT Delhi28 Nov 2025AY 2023-24

Bench: Shri Vikas Awasthy& Shri S Rifaur Rahmanआअसं.3877/िद"ी/2025 (िन.व. 2023-24) Fivd India Consulting P.Ltd., 1022-1027, 10Th Floor, Emaar Digital Green, Sector-21, Golf Course Ext Road, Near Golf Ext., Gurgaon, Haryana 122002 ...... अपीलाथ"/Appellant Pan: Aaecf-3663-P बनाम Vs. Deputy Commissioner Of Income Tax, ....."ितवादी/Respondent Circle 1(1), Gurgaon, Haryana 122002 Assessee By : Shri Y K Sud, Chartered Accountant Department By: Ms. Monika Singh, Cit(Dr) सुनवाई क" ितिथ/ Date Of Hearing : 18/11/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 28/11/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)/Additional/Joint Commissioner Of Income Tax(Appeals), Bhubaneswar (Hereinafter Referred To As 'The Cit(A)') Dated 04.04.2025, For Assessment Year 2023-24. 2. Shri Y K Sud, Appearing On Behalf Of The Assessee Submits That The Short Issue In Present Appeal Is Disallowance Of Assessee’S Claim Of Deduction U/S.80Iac Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’). He Submitted That The Assessee Is Engaged In The Business Of Interior Design, Architectural Advisory Services

For Appellant: Shri Y K Sud, Chartered AccountantFor Respondent: Ms. Monika Singh, CIT(DR)
Section 115JSection 139Section 143(1)Section 44ASection 80I