Section 80IB of the Income Tax Act

Income-tax Act, 2025: s.141

Section 80IB of the Income-tax Act, 1961 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 is Liberty India v. CIT (317 ITR 218), cited in 571 of the 1,094 judgments on BharatTax that turn on this section.

Leading authorities on Section 80IB

Liberty India v. CIT
317 ITR 218 · 2009 · Supreme Court
571
citing judgments

The Supreme Court clarified that for profits and gains to be eligible for deductions under sections like 10B, 80IA, or 80IB, the income must be "derived from" or have a direct nexus to the eligible business activity. Income from incidental sources like the sale of scrips/licenses or interest on employee loans is generally not considered as derived from the eligible business for such deductions.

CIT v. Sterling Foods
237 ITR 579 · 1999 · Supreme Court
311
citing judgments

Income eligible for profit-linked deductions under sections like 80-IC or 10B must have a direct nexus to the eligible business activity or be derived from the industrial undertaking itself, and not merely attributable to it or arising from a post-manufacturing event.

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.

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. Reliance Industries Ltd.
339 ITR 632 · 2011 · High Court
218
citing judgments

No substantial question of law arises regarding a subsidy granted for setting up a new industrial unit in a backward area for employment generation, as held by the Bombay High Court. This decision was subsequently set aside by the Supreme Court.

CIT v. Meghalaya Steels Ltd.
383 ITR 217 · 2016 · Supreme Court
203
citing judgments

Subsidies and excise duty refunds that are accounted for in the Profit and Loss account are revenue in nature, form part of business income, and are eligible for deductions under Section 80IB/80IC. Such receipts cannot be reduced from the block of assets for depreciation calculation.

CIT v. Paul Brothers
216 ITR 548 · 1995 · High Court
164
citing judgments

Once a claim for deduction under section 80-IA or 80-IB is allowed in the initial assessment year and is not subsequently withdrawn, the revenue is estopped from denying the deduction for subsequent years on the same grounds.

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.

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.

IPCA Laboratories Ltd. v. DCIT
266 ITR 521 · 2004 · Supreme Court
122
citing judgments

When the provisions of a fiscal statute are unambiguous, they must be interpreted strictly, and benefits not explicitly provided cannot be conferred by ignoring or misinterpreting the clear words in the section.

Judgments on Section 80IB

M/S. Berger Paints India Ltd., Kolkata vs. D.C.I.T., Circle - 10(1), Kolkata

In the result, the appeal of the revenue is partly allowed

ITA 2299/KOL/2019[2014-15]Status: DisposedITAT Kolkata29 Jul 2022AY 2014-15

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2014-15 Deputy Commissioner Of Berger Paints India Ltd. Income-Tax, Circle-10(1) Vs. 129, Park Street Kolkata Kolkata-17 (Pan: Aabcb0976E) (Appellant) (Respondent) & Assessment Year: 2014-15 Berger Paints India Ltd. Deputy Commissioner Of Vs. 129, Park Street Income-Tax, Circle-10(1) Kolkata-17 Kolkata (Appellant) (Respondent) Present For: Assessee : Shri J. P. Khaitan, Sr. Advocate & Shri Pratyush Jhunjhunwala, Advocate Revenue : Shri Amol Kamat, Cit, Dr Date Of Hearing : 19.07.2022 Date Of Pronouncement : 29.07.2022 O R D E R Per Girish Agrawal: Both These Cross Appeals By The Revenue & Assessee Are Arising Out Of Order Of Ld. Cit(A)-22, Kolkata Vide Appeal No. 14/Cit(A)-22/14-15/16-17/Kol Dated 31.02.2018 Against The Order Of Dcit, Circle-10(1), Kolkata Passed U/S 143(3) Of The Income-Tax Act,1961 (Hereinafter Referred To As The Act), Dated 31.12.2016 For Ay 2014-15. 2. Before Us, Shri J. P. Khaitan, Sr. Advocate & Shri Pratyush Jhunjhunwala, Advocate Appeared For The Assessee & Shri Amol Kamat, Cit, Dr Represented The Revenue. Ld. Counsel For The Ita No. 2299/Kol/2019 By Assessee Berger Paints India Ltd. Ays 2014-15 Assessee Has Placed On Record, A Brief Note On The Submissions Made Along With Paper Books & Chart Substantiate The Claims Made By The Assessee In The Assessment Year Under Appeal.

For Appellant: Shri J. P. Khaitan, Sr. Advocate and Shri Pratyush Jhunjhunwala, AdvocateFor Respondent: Shri Amol Kamat, CIT, DR
Section 143(3)Section 14ASection 80Section 80ISection 8O

D.C.I.T., Circle - 10(1), Kolkata vs. M/S. Berger Paints India Ltd., Kolkata

In the result, the appeal of the revenue is partly allowed

ITA 1741/KOL/2018[2014-15]Status: DisposedITAT Kolkata29 Jul 2022AY 2014-15

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2014-15 Deputy Commissioner Of Berger Paints India Ltd. Income-Tax, Circle-10(1) Vs. 129, Park Street Kolkata Kolkata-17 (Pan: Aabcb0976E) (Appellant) (Respondent) & Assessment Year: 2014-15 Berger Paints India Ltd. Deputy Commissioner Of Vs. 129, Park Street Income-Tax, Circle-10(1) Kolkata-17 Kolkata (Appellant) (Respondent) Present For: Assessee : Shri J. P. Khaitan, Sr. Advocate & Shri Pratyush Jhunjhunwala, Advocate Revenue : Shri Amol Kamat, Cit, Dr Date Of Hearing : 19.07.2022 Date Of Pronouncement : 29.07.2022 O R D E R Per Girish Agrawal: Both These Cross Appeals By The Revenue & Assessee Are Arising Out Of Order Of Ld. Cit(A)-22, Kolkata Vide Appeal No. 14/Cit(A)-22/14-15/16-17/Kol Dated 31.02.2018 Against The Order Of Dcit, Circle-10(1), Kolkata Passed U/S 143(3) Of The Income-Tax Act,1961 (Hereinafter Referred To As The Act), Dated 31.12.2016 For Ay 2014-15. 2. Before Us, Shri J. P. Khaitan, Sr. Advocate & Shri Pratyush Jhunjhunwala, Advocate Appeared For The Assessee & Shri Amol Kamat, Cit, Dr Represented The Revenue. Ld. Counsel For The Ita No. 2299/Kol/2019 By Assessee Berger Paints India Ltd. Ays 2014-15 Assessee Has Placed On Record, A Brief Note On The Submissions Made Along With Paper Books & Chart Substantiate The Claims Made By The Assessee In The Assessment Year Under Appeal.

For Appellant: Shri J. P. Khaitan, Sr. Advocate and Shri Pratyush Jhunjhunwala, AdvocateFor Respondent: Shri Amol Kamat, CIT, DR
Section 143(3)Section 14ASection 80Section 80ISection 8O