Section 80M of the Income Tax Act

Income-tax Act, 2025: s.148

Section 80M of the Income-tax Act, 1961 corresponds to section 148 (Deduction in respect of certain inter-corporate dividends) of the Income-tax Act, 2025.

Read section 148 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 80M is Mazagaon Dock Ltd. v. CIT & Excess Profits Tax (34 ITR 368), cited in 57 of the 84 judgments on BharatTax that turn on this section.

Leading authorities on Section 80M

Mazagaon Dock Ltd. v. CIT & Excess Profits Tax
34 ITR 368 · 1958 · Supreme Court
57
citing judgments

Investments made by a holding company in its subsidiary can be considered a business activity, allowing related business expenditures to be deducted and not disallowed.

CIT v. Upasana
225 ITR 845 · 1997 · High Court
41
citing judgments

Expenditure incurred by a holding company for making investments in a subsidiary can be treated as business expenditure and is not disallowable, as such investment activity can itself constitute a business.

Mazagaon Dock Ltd. Vs. CIT (1958) 34 ITR 368 (SC); CIT v. Upasana Hospital
83 ITR 377 · 1972 · Supreme Court
20
citing judgments

Expenditure incurred by a holding company in making investments in its subsidiaries can be treated as a business activity and thus, the expenditure is allowable as a business deduction.

Siva Equipment (P) Ltd. v. ACIT
119 Taxmann.com 472 · 2020 · High Court
19
citing judgments

A taxpayer can raise additional claims before appellate authorities, even if not raised during assessment or in a revised return. The Assessing Officer must examine eligibility criteria for claims based on facts available in audited accounts.

CIT v. Smt. Premlata Jalani
264 ITR 744 · 2003 · High Court
14
citing judgments

Interest under section 234C for delayed or deferred advance tax payment is payable only from the date the liability to pay advance tax is incurred. This applies to transactions like capital gains where liability arises after the event.

M/s. Sind National Sugar Mills P. Ltd. v. CIT
121 ITR 742 · 1980 · High Court
4
citing judgments
NDTV Networks Ltd. v. DCIT
173 Taxmann.com 269 · 2025 · High Court
3
citing judgments

Judgments on Section 80M

Maithan Alloys Limited, Kolkata vs. DCIT, Cir-1(1), Kolkata.

In the result, appeal of the assessee are allowed for statistical purposes

ITA 1347/KOL/2023[2021-22]Status: DisposedITAT Kolkata28 Feb 2024AY 2021-22

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 1347/Kol/2023 Assessment Year: 2021-22 Maithan Alloys Limited Deputy Commissioner Of Income-Tax, 4Th Floor, Ideal Centre Vs Circle-1(1), Kolkata 9, Ajc Bose Road Kolkata - 700017 [Pan : Aabcm7758B] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddharth Kejriwal, C.A. Revenue By : Shri Arun Kumar Meena, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 07/02/2024 घोषणा क" तारीख /Date Of Pronouncement: 28/02/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Dt. 29/11/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2021-22. 2. The Sole Grievance Of The Assessee Is That The Lower Authorities Erred In Denying The Claim Of Deduction U/S 80M Of The Act Towards Inter-Corporate Dividends At Rs.19,48,050/-. 3. At The Outset, The Ld. Counsel For The Assessee Submitted That In The Income Tax Return (Itr) Originally Filed As Well As Subsequently Revised, The Assessee Did Not Make The Claim Of Deduction U/S 80M Of The Act For Inter-Corporate Dividend. However, During The Course Of Assessment Proceedings, This Claim Was Raised & On The Strength Of The Judgement Of The Hon’Ble Supreme Court In The Case Of National Thermal Power Co. Ltd. V. Commissioner Of Income-Tax Reported In [1998]

For Appellant: Shri Siddharth Kejriwal, C.AFor Respondent: Shri Arun Kumar Meena, JCIT, Sr. D/R
Section 250Section 80JSection 80M