Section 80IB(10) of the Income Tax Act

Income-tax Act, 2025: s.141

Section 80IB(10) falls under section 80IB of the Income-tax Act, 1961, which corresponds to section 141 (Deduction in respect of profits and gains from certain industrial undertakings) of the Income-tax Act, 2025.

Read section 141 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 80IB(10) is K.C. Builders & Anr. v. ACIT (265 ITR 562), cited in 241 of the 838 judgments on BharatTax that turn on this section.

Leading authorities on Section 80IB(10)

K.C. Builders & Anr. v. ACIT
265 ITR 562 · 2004 · Supreme Court
241
citing judgments

When the addition made in the assessment order, on the basis of which a penalty for concealment under section 271(1)(c) is levied, is subsequently deleted, the penalty has no basis and must be cancelled.

CIT v. Ansal Housing Finance & Leasing Co. Ltd.
354 ITR 180 · 2013 · High Court
208
citing judgments

Annual Letting Value (ALV) of unsold stock-in-trade flats/shops held by a real estate developer can be assessed under Section 22 of the Income Tax Act, 1961, as income from house property. This approach was followed by the Assessing Officer (AO) based on this decision.

CIT v. Brahma Associates
333 ITR 289 · 2011 · High Court
97
citing judgments

A developer is entitled to proportionate deduction under Section 80IB(10) for housing projects even if certain conditions, such as unit built-up area limits, are not fully met across all units. Additionally, the conditions introduced by Section 80IB(10)(d) apply prospectively to projects commenced and sanctioned before April 1, 2005.

CIT v. Vandana Properties
353 ITR 36 · 2013 · High Court
88
citing judgments

The Bombay High Court holds that for deduction under Section 80IB(10), the minimum plot area of one acre refers to the aggregate area of the land on which housing projects are developed, not necessarily to each individual project if multiple projects are undertaken on a larger single plot. This means the deduction is allowable even if a sub-block within the overall project is less than one acre, provided the total plot size meets the minimum.

CIT v. Sarkar Builders
375 ITR 392 · 2015 · Supreme Court
79
citing judgments

An assessee should not be prejudiced by differences in accounting treatment if accounting principles are duly followed and the issue is revenue neutral, as hypothetical income cannot be subjected to tax.

Viswas Promoters Pvt. Ltd. v. ACIT
255 CTR 149 · 2013 · High Court
36
citing judgments

The mere fact that one block in a housing project has units exceeding the built-up area limit does not disqualify the entire project from claiming deduction under section 80IB(10). Assessees are entitled to proportionate deduction for eligible blocks or units.

(i) Viswas Promoters Pvt. Ltd. v. Assistant CIT, Circle I, Madras
29 Taxmann.com 19 · 2013 · High Court
28
citing judgments

Deduction under section 80-IB(10) is available on a proportionate basis for eligible units, even if some units in a project exceed the prescribed area limits. The entire claim should not be rejected due to partial non-compliance.

Ramco Cements Ltd. v. DCIT
373 ITR 146 · 2015 · High Court
28
citing judgments

An assessee can make a claim of deduction for the first time before the appellate authorities.

PCIT, Panaji v. Goa Tourism Development Ltd.
102 Taxmann.com 437 · 2019 · High Court
26
citing judgments

Expenditure incurred for repairs and renovation of hotel premises, which improves existing business without creating a new asset or advantage of an enduring nature, is treated as revenue expenditure.

Siddhivinayak Kohinoor Venture v. ACIT
159 TTJ 390 · 2014 · ITAT
17
citing judgments

An undertaking developing and building housing projects is eligible for deduction under section 80IB(10) if the housing project receives approval, and a separate approval for each distinct housing project within a larger development is not necessarily required.

Judgments on Section 80IB(10)

Gera Realty Estates, Pune vs. Assistant Commissioner of Income-Tax, Central Circle-1(3), Pune

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

ITSSA 76/PUN/2019[2012-13]Status: DisposedITAT Pune11 Oct 2023AY 2012-13

Bench: Shri Partha Sarathi Chaudhury& Shri G.D. Padmahshaliit(Ss)A No.76/Pun/2019 (A.Y. 2012-13) Gera Realty Estates (Aop), Vs Acit, Central Circle-1(3), 200, Gera Plaza, Boat Club Pune Road, Pune – 411 001 Pan: Aaaag 3713 H Appellant Respondent Assessee By : Shri Hari Krishan & Shri R.S. Soniminde, Itp Revenue By : Shri Keyur Patel, Dr Date Of Hearing : 09/10/2023 Date Of Pronouncement : 11/10/2023 Order Per Partha Sarathi Chaudhury, Jm: This Appeal Preferred By The Assessee Emanates From The Order Of Commissioner Of Income Tax (Appeals)-11, Pune (For Short, „Cit(A)‟), Dated 18.02.2019 For A.Y.2012-13 As Per The Following Revised Grounds Of Appeal:- “1. The Ld.Cit(A) Has Erred In Confirming The Disallowance Of ₹ 47,43,333/- Made By The Ao Out Of The Common Amenity Expenses (Common Services Expenses). Disallowance Made By The Ao & Confirmed By The Cit(A) May Be Deleted. 2. The Ld.Cit(A) Has Erred In Confirming The Disallowance Of The Deduction U/S. 80Ib(10) Of The Income Tax Act, In Respect Of The Four Flats, In Building F Of The Emerald City, Kharadi Housing Projects, For The Reasons That, The Built Up Area Of Each Of These Four Flats Has Exceeded The Upper Limit Of 1500 Sq.Ft. The Disallowance May Be Deleted. 3. The Appellant Craves Leave To Add To Or Amend/Modify Or Delete Any Or All Of The Above Grounds Of Appeal.”

For Appellant: Shri Hari Krishan &For Respondent: Shri Keyur Patel, DR
Section 40A(2)(b)Section 80I

The DCIT, Central Circle-2, Vadodara vs. M/S. Karmvir Builders, Nadiad

ITSSA 57/AHD/2021[2012-13]Status: DisposedITAT Ahmedabad29 Aug 2023AY 2012-13

Bench: Smt.Annapurna Gupta & Ms. Madhumita Royआयकर अपील सं./I.T(Ss).A. No. 55 To 57/Ahd/2021 ("नधा"रण वष" / Assessment Year : 2010-11 To 2012-13) Deputy Commissioner Of M/S. Karmvir Builders बनाम/ Karmvir Tower, Income-Tax Vs. Central Circle-2, 608, 6Th Kapadwanj Tower, Floor, Aaykar Bhavan, Kapadwanj Road, Opp. – Race Course Circle, City Gymkhana, Nadiad - Vadodara - 390007 387001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aifk2480J .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Shri Sudhendu Das, Cit. Dr अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Shri Parin S. Shah, A.R. सुनवाई क" तार"ख / Date Of 21/08/2023 Hearing घोषणा क" तार"ख /Date Of 29/08/2023 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: All Three Appeals Filed At The Behest Of The Revenue Are Directed Against The Common Order Dated 26.02.2021 Passed By The Ld. Commissioner Of Income Tax (Appeals)-12, Ahmedabad (In Short ‘Cit(A)’) Arising Out Of The Order Dated 30.03.2016 Passed By The Dcit, Central Circle-2, Baroda Under Section 153A R.W.S. 143(3) Of The Income Tax Act, 1961, (Hereinafter Referred To As ‘The Act’) For Assessment Years 2010-11 To 2012-13. It(Ss)A Nos. 55 To 57/Ahd/2021 (Dcit Vs. M/S. Karmvir Builders) A.Y.– 2010-11 To 2012-13 - 2 - 2. Since, The Matters Relate To Identical Issue, These Appeals Are Heard Analogously & Are Being Disposed Of By A Common Order For The Sake Of Convenience.

For Respondent: Shri Parin S. Shah, A.R
Section 132Section 153ASection 80I

The DCIT, Central Circle-2, Vadodara vs. M/S. Karmvir Builders, Nadiad

ITSSA 56/AHD/2021[2011-12]Status: DisposedITAT Ahmedabad29 Aug 2023AY 2011-12

Bench: Smt.Annapurna Gupta & Ms. Madhumita Royआयकर अपील सं./I.T(Ss).A. No. 55 To 57/Ahd/2021 ("नधा"रण वष" / Assessment Year : 2010-11 To 2012-13) Deputy Commissioner Of M/S. Karmvir Builders बनाम/ Karmvir Tower, Income-Tax Vs. Central Circle-2, 608, 6Th Kapadwanj Tower, Floor, Aaykar Bhavan, Kapadwanj Road, Opp. – Race Course Circle, City Gymkhana, Nadiad - Vadodara - 390007 387001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aifk2480J .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Shri Sudhendu Das, Cit. Dr अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Shri Parin S. Shah, A.R. सुनवाई क" तार"ख / Date Of 21/08/2023 Hearing घोषणा क" तार"ख /Date Of 29/08/2023 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: All Three Appeals Filed At The Behest Of The Revenue Are Directed Against The Common Order Dated 26.02.2021 Passed By The Ld. Commissioner Of Income Tax (Appeals)-12, Ahmedabad (In Short ‘Cit(A)’) Arising Out Of The Order Dated 30.03.2016 Passed By The Dcit, Central Circle-2, Baroda Under Section 153A R.W.S. 143(3) Of The Income Tax Act, 1961, (Hereinafter Referred To As ‘The Act’) For Assessment Years 2010-11 To 2012-13. It(Ss)A Nos. 55 To 57/Ahd/2021 (Dcit Vs. M/S. Karmvir Builders) A.Y.– 2010-11 To 2012-13 - 2 - 2. Since, The Matters Relate To Identical Issue, These Appeals Are Heard Analogously & Are Being Disposed Of By A Common Order For The Sake Of Convenience.

For Respondent: Shri Parin S. Shah, A.R
Section 132Section 153ASection 80I

The DCIT, Central Circle-2, Vadodara vs. M/S. Karmvir Builders, Nadiad

ITSSA 55/AHD/2021[2010-11]Status: DisposedITAT Ahmedabad29 Aug 2023AY 2010-11

Bench: Smt.Annapurna Gupta & Ms. Madhumita Royआयकर अपील सं./I.T(Ss).A. No. 55 To 57/Ahd/2021 ("नधा"रण वष" / Assessment Year : 2010-11 To 2012-13) Deputy Commissioner Of M/S. Karmvir Builders बनाम/ Karmvir Tower, Income-Tax Vs. Central Circle-2, 608, 6Th Kapadwanj Tower, Floor, Aaykar Bhavan, Kapadwanj Road, Opp. – Race Course Circle, City Gymkhana, Nadiad - Vadodara - 390007 387001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aifk2480J .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Shri Sudhendu Das, Cit. Dr अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Shri Parin S. Shah, A.R. सुनवाई क" तार"ख / Date Of 21/08/2023 Hearing घोषणा क" तार"ख /Date Of 29/08/2023 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: All Three Appeals Filed At The Behest Of The Revenue Are Directed Against The Common Order Dated 26.02.2021 Passed By The Ld. Commissioner Of Income Tax (Appeals)-12, Ahmedabad (In Short ‘Cit(A)’) Arising Out Of The Order Dated 30.03.2016 Passed By The Dcit, Central Circle-2, Baroda Under Section 153A R.W.S. 143(3) Of The Income Tax Act, 1961, (Hereinafter Referred To As ‘The Act’) For Assessment Years 2010-11 To 2012-13. It(Ss)A Nos. 55 To 57/Ahd/2021 (Dcit Vs. M/S. Karmvir Builders) A.Y.– 2010-11 To 2012-13 - 2 - 2. Since, The Matters Relate To Identical Issue, These Appeals Are Heard Analogously & Are Being Disposed Of By A Common Order For The Sake Of Convenience.

For Respondent: Shri Parin S. Shah, A.R
Section 132Section 153ASection 80I