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 Siddharth Natural Food Resources Private Limited, Kundaim vs. ACIT, Circle - 2(1), Panaji

In the result, the appeal filed by the assessee stands partly allowed

ITA 187/PAN/2017[2009-10]Status: DisposedITAT Panaji12 Nov 2021AY 2009-10

Bench: Shri Inturi Rama Rao, Am & Shri S. S. Viswanethra Ravi, Jm आयकर अपील सं. / Ita No.187/Pan/2017 िनधा"रण वष" / Assessment Year : 2009-10 M/S. Siddharth Natural Food Resources Private Limited, Plot No.83, Kundaim Industrial Estate, Kundaim, Panaji- 403001. .......अपीलाथ" / Appellant Pan : Aalcs5815K बनाम / V/S. Acit, Circle-2(1), ……""यथ" / Respondent Panaji. Assessee By : None Revenue By : Shri Sourabh Nayak सुनवाई क" तारीख / Date Of Hearing : 09.11.2021 घोषणा क" तारीख / Date Of Pronouncement : 12.11.2021 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-1, Panaji (‘Cit(A)’ For Short) Dated 08.02.2017 For The Assessment Year 2009-10. 2. The Appellant Raised The Following Grounds Of Appeal :- “1) The Order Of The Learned Cit(A) Is Bad In Law & Is Void-Ab-Initio. 2) The Assessment Order Passed By The Ld.Ao U/S 143(3) Of The Income Tax Act, 1961, Is Without Jurisdiction & Bad In Law. 3) The Ld.Cit(A) Has Erred In Sustaining The Disallowance Of Rs.3,35,25,800/- Made By The Ao, Whereas The Deduction Claimed By The Assessee U/S 80Ib Was Only Rs.50,00,194/-. 4) The Ld Ao Has Erred In Disallowing The Profit As Per Profit & Loss Account Of Rs.3,35,25,800/- Whereas The Profit As Per The Income Tax Act, 1961 Was Only Rs.50,00,194/- Which Was Claimed As Deduction U/S 80Ib In The Return Of Income Filled By The Assessee. Hence The Maximum Addition By Way Of Disallowance Of Assessee Claim Of Deduction U/S 80Ib Can Be Only Rs.50,00,194/-.

For Appellant: NoneFor Respondent: Shri Sourabh Nayak
Section 143(3)Section 80Section 80HSection 80I

M/S Goa Natural Foods Private Limited, Kundaim vs. ACIT, Circle - 2(1), Panaji

In the result, the appeal filed by the assessee stands partly allowed

ITA 188/PAN/2017[2009-10]Status: DisposedITAT Panaji11 Nov 2021AY 2009-10

Bench: Shri Inturi Rama Rao, Am & Shri S. S. Viswanethra Ravi, Jm आयकर अपील सं. / Ita No.188/Pan/2017 िनधा"रण वष" / Assessment Year : 2009-10 M/S. Goa Natural Foods Pvt. Ltd., Plot No.37 & 38, Kundaim Industrial Estate, Kundaim, Panaji- 403001. .......अपीलाथ" / Appellant Pan : Aaccg7564Q बनाम / V/S. Acit, Circle-2(1), ……""यथ" / Respondent Panaji. Assessee By : None Revenue By : Shri Sourabh Nayak सुनवाई क" तारीख / Date Of Hearing : 08.11.2021 घोषणा क" तारीख / Date Of Pronouncement : 11.11.2021 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-1, Panaji (‘Cit(A)’ For Short) Dated 08.02.2017 For The Assessment Year 2009-10. 2. The Appellant Raised The Following Grounds Of Appeal :- “1) The Order Of The Learned Cit(A) Is Bad In Law & Is Void-Ab-Initio. 2) The Assessment Order Passed By The Ld.Ao U/S 143(3) Of The Income Tax Act, 1961, Is Without Jurisdiction & Bad In Law. 3) The Ld.Cit(A) Has Erred In Sustaining The Disallowance Of Rs.2,77,54,053/- Made By The Ao, Whereas The Deduction Claimed By The Assessee U/S 80Ib Was Only Rs.1,64,18,999/-. 4) The Ld Ao Has Erred In Disallowing The Profit As Per Profit & Loss Account Of Rs.2,77,54,053/- Whereas The Profit As Per The Income Tax Act, 1961 Was Only Rs.1,64,18,999/- Which Was Claimed As Deduction U/S 80Ib In The Return Of Income Filled By The Assessee. Hence The Maximum Addition By Way Of Disallowance Of Assessee Claim Of Deduction U/S 80Ib Can Be Only Rs.1,64,18,999/-.

For Appellant: NoneFor Respondent: Shri Sourabh Nayak
Section 143(3)Section 80Section 80HSection 80I