Section 80IC of the Income Tax Act

The decision most relied on for Section 80IC is ACB India Ltd. v. ACIT (374 ITR 108), cited in 364 of the 1,180 judgments on BharatTax that turn on this section.

Leading authorities on Section 80IC

ACB India Ltd. v. ACIT
374 ITR 108 · 2015 · High Court
364
citing judgments

When computing disallowance under Section 14A of the Income-tax Act using Rule 8D of the Income-tax Rules, only investments that have actually yielded exempt income during the relevant previous year are to be considered for the calculation.

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.

TM) Vishnu Jaiswal v. CIT
357 ITR 146 · 2013 · High Court
272
citing judgments

If the Assessing Officer has not conducted any investigation and thus has not discharged their burden of proof, any addition made by the AO is unsustainable and must be deleted.

CIT v. Ashwani Gupta
322 ITR 396 · 2010 · High Court
262
citing judgments

Proceedings become fatal if principles of natural justice are violated, such as when seized material is not provided to the assessee or cross-examination of a person whose statement the Assessing Officer relies upon is denied.

Sony India (P) Ltd. v. DCIT
114 ITD 448 · 2008 · ITAT
131
citing judgments

For transfer pricing purposes, functionally dissimilar entities that have significant business differences must be excluded from the list of comparables for benchmarking analysis. It also provides guidance on the non-allocation of advertisement, marketing, and promotion (AMP) expenses to other entities when incurred solely for the assessee's business.

Lachminarayan Madan Lal v. CIT
86 ITR 439 · 1972 · Supreme Court
96
citing judgments

Even with an existing agreement, the deductibility of an amount claimed as an expenditure, such as commission, must be decided based on the specific facts and circumstances of each case, to ascertain if it was laid out wholly and exclusively for business purposes.

Vishnu Borewell v. ITO
333 ITR 237 · 2011 · High Court
86
citing judgments

The validity of reopening an assessment or the sufficiency of evidence for reassessment proceedings must be based on direct or circumstantial evidence. This case supports the principle that such actions cannot be based on mere suspicion.

Atma Ram Properties Private Ltd. v. Deputy CIT
343 ITR 141 · 2012 · High Court
83
citing judgments

An assessment cannot be reopened under Section 147 after four years if the assessee has made a full and true disclosure of all material facts, even if a claim made was later found incorrect, and the reasons recorded do not specify a failure to disclose.

CIT v. Naresh Khattar (HUF)
261 ITR 664 · 2003 · High Court
75
citing judgments

An adverse inference cannot be drawn against an assessee solely based on uncorroborated loose papers found during a search or on a statement made during the search that is later retracted, unless the Assessing Officer conducts independent enquiry to establish the facts.

CIT v. Dinesh Jain HUF (Delhi HC)
352 ITR 629 · 2013 · High Court
71
citing judgments

To make an addition under Section 69B for undisclosed investment, the Revenue must first prove that an understatement of investment has occurred and that the assessee made the undisclosed investment. The burden of proof lies with the Revenue, and additions cannot be based merely on presumptions or assumptions without corroborative material.

Judgments on Section 80IC

Hamilton Housewares Pvt.Ltd., Silvasa vs. The DCIT., Vapi Circle, Vapi

In the result, appeal of the assessee in ITA No

ITA 380/SRT/2017[2013-14]Status: DisposedITAT Surat22 Jun 2021AY 2013-14

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.380/Srt/2017 ("नधा"रणवष" / Assessment Year: (2013-14) (Virtual Court Hearing) Hamilton Housewares Private Limited, V The Assistant Commissioner Of Plot No.49/50, Dan Udyog Industrial Income Tax, S. Estte, Amli, Piparia, Silvassa, U.T. Of D. Vapi Circle, Vapi. & N. H. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcd 1683 Q (Assessee) (Respondent) आयकरअपीलसं./Ita No.353/Srt/2017 ("नधा"रणवष" / Assessment Year: (2011-12) (Virtual Court Hearing) Hamilton Housewares Private Limited, V The Assistant Commissioner Of Plot No.49/50, Dan Udyog Industrial S. Income Tax, Estte, Amli, Piparia, Silvassa, U.T. Of D. Vapi Circle, Vapi. & N. H. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcd 1683 Q (Assessee) (Respondent) Assessee By : Shri A.Gopala Krishnan - Ca Respondent By : Ms.Anupama Singla – Sr.Dr सुनवाईक"तार"ख/ Date Of Hearing : 23/06/2021 घोषणाक"तार"ख/Date Of Pronouncement : 28/06/2021 आदेश / O R D E R Per Dr. A. L. Saini: Captioned Two Appeals Filed By The Assessee Pertaining To Assessment Year (A.Y.) 2013-14 & (A.Y.) 2011-12, Are Directed Against The Separate Orders Passed By The Ld. Commissioner Of Income Tax (Appeals), Which In Turn Arise Out Of Separate Assessment Order & Penalty Order Passed By The Ld.Assessing Officer Under Section 143(3) Of The Income Tax Act & Under Section 271(1)(C) Of The Income Tax Act, Respectively.

For Appellant: Shri A.Gopala Krishnan - CAFor Respondent: Ms.Anupama Singla – Sr.DR
Section 143(3)Section 271(1)(c)Section 80I

Hamilton Housewares Pvt.Ltd., Silvasa vs. The ACIT., Vapi Circle, Vapi

In the result, appeal of the assessee in ITA No

ITA 353/SRT/2017[2011-12]Status: DisposedITAT Surat22 Jun 2021AY 2011-12

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.380/Srt/2017 ("नधा"रणवष" / Assessment Year: (2013-14) (Virtual Court Hearing) Hamilton Housewares Private Limited, V The Assistant Commissioner Of Plot No.49/50, Dan Udyog Industrial Income Tax, S. Estte, Amli, Piparia, Silvassa, U.T. Of D. Vapi Circle, Vapi. & N. H. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcd 1683 Q (Assessee) (Respondent) आयकरअपीलसं./Ita No.353/Srt/2017 ("नधा"रणवष" / Assessment Year: (2011-12) (Virtual Court Hearing) Hamilton Housewares Private Limited, V The Assistant Commissioner Of Plot No.49/50, Dan Udyog Industrial S. Income Tax, Estte, Amli, Piparia, Silvassa, U.T. Of D. Vapi Circle, Vapi. & N. H. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcd 1683 Q (Assessee) (Respondent) Assessee By : Shri A.Gopala Krishnan - Ca Respondent By : Ms.Anupama Singla – Sr.Dr सुनवाईक"तार"ख/ Date Of Hearing : 23/06/2021 घोषणाक"तार"ख/Date Of Pronouncement : 28/06/2021 आदेश / O R D E R Per Dr. A. L. Saini: Captioned Two Appeals Filed By The Assessee Pertaining To Assessment Year (A.Y.) 2013-14 & (A.Y.) 2011-12, Are Directed Against The Separate Orders Passed By The Ld. Commissioner Of Income Tax (Appeals), Which In Turn Arise Out Of Separate Assessment Order & Penalty Order Passed By The Ld.Assessing Officer Under Section 143(3) Of The Income Tax Act & Under Section 271(1)(C) Of The Income Tax Act, Respectively.

For Appellant: Shri A.Gopala Krishnan - CAFor Respondent: Ms.Anupama Singla – Sr.DR
Section 143(3)Section 271(1)(c)Section 80I