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