Section 80-ID of Income Tax Act 1961: Deduction for Hotels and Convention Centres
Section 80-ID provided a 100% profit-linked deduction for five consecutive assessment years to qualifying hotels and convention centres that satisfied the location, commencement and other statutory conditions.
What did Section 80-ID provide?
Under Section 80-ID(1), where the gross total income of an assessee included profits and gains derived from an eligible business covered by sub-section (2), a deduction equal to 100% of those profits and gains was allowed for five consecutive assessment years beginning with the initial assessment year.
Eligible businesses under Section 80-ID(2)
The section applied to the following categories of undertakings:
| Eligible undertaking | Location | Relevant statutory period |
|---|---|---|
| Hotel | Specified area | Constructed and started functioning between 1 April 2007 and 31 July 2010 |
| Business of building, owning and operating a convention centre | Specified area | Convention centre constructed between 1 April 2007 and 31 July 2010 |
| Hotel | Specified district having a World Heritage Site | Constructed and started functioning between 1 April 2008 and 31 March 2013 |
Conditions for claiming the deduction
Section 80-ID(3) made the deduction conditional. The eligible business could not be formed by splitting up or reconstructing an existing business. It also could not be formed by transferring to the new business a building previously used as a hotel or convention centre.
The undertaking was also restricted from being formed by transfer of machinery or plant previously used for any purpose, subject to the rules incorporated through Explanations 1 and 2 to Section 80-IA(3). The assessee was required to furnish the prescribed audit report, duly signed and verified by an accountant within the meaning applicable under Section 288.
No double deduction and application of Section 80-IA rules
Section 80-ID(4) prevented a second deduction under another provision of Chapter VI-A or under Section 10AA in relation to the same profits and gains of the undertaking. Section 80-ID(5) also applied Section 80-IA(5) and Section 80-IA(8) to (11), so far as applicable, to the eligible business.
These linked provisions are important when examining computation of eligible profits, transfers of goods or services between eligible and other businesses, arrangements producing more than ordinary profits and other restrictions relevant to profit-linked deductions.
Definitions under Section 80-ID(6)
Convention centre
A convention centre meant a building of the prescribed area comprising convention halls used for conferences and seminars, with the prescribed size, number, facilities and amenities.
Hotel
For this section, a hotel meant a hotel classified by the Central Government in the two-star, three-star or four-star category.
Initial assessment year
For a hotel, this was the assessment year relevant to the previous year in which the hotel business started functioning. For a convention centre, it was the assessment year relevant to the previous year in which the convention centre started operating on a commercial basis.
Specified area
The specified area meant the National Capital Territory of Delhi and the districts of Faridabad, Gurgaon, Gautam Budh Nagar and Ghaziabad, using the terminology appearing in the statutory provision.
Specified districts having a World Heritage Site
| District | State as stated in the provision |
|---|---|
| Agra | Uttar Pradesh |
| Jalgaon | Maharashtra |
| Aurangabad | Maharashtra |
| Kancheepuram | Tamil Nadu |
| Puri | Orissa |
| Bharatpur | Rajasthan |
| Chhatarpur | Madhya Pradesh |
| Thanjavur | Tamil Nadu |
| Bellary | Karnataka |
| South 24 Parganas | West Bengal |
| Chamoli | Uttarakhand |
| Raisen | Madhya Pradesh |
| Gaya | Bihar |
| Bhopal | Madhya Pradesh |
| Panchmahal | Gujarat |
| Kamrup | Assam |
| Goalpara | Assam |
| Nagaon | Assam |
| North Goa | Goa |
| South Goa | Goa |
| Darjeeling | West Bengal |
| Nilgiri | Tamil Nadu |
Section 80-ID after the Income-tax Act, 2025
The Income-tax Act, 2025 came into force on 1 April 2026. It repealed the Income-tax Act, 1961, but the transition rules preserve the operation of the earlier law for tax years beginning before that date and for related proceedings. Section 80-ID itself was not carried forward as a corresponding deduction provision in the new Act.
The new Act can still refer to the old Section 80-ID for limited purposes. For example, Section 205 of the Income-tax Act, 2025 refers to buildings previously used as hotels or convention centres where a Section 80-ID deduction under the 1961 Act had been claimed and allowed, and it adopts the old Section 80-ID definitions of "hotel" and "convention centre" for that Part.
Related Income Tax provisions
For connected profit-linked deductions, see Section 80-IA, Section 80-IAB, Section 80-IAC, Section 80-IB, Section 80-IBA and Section 80-IC.
This article is a general statutory reference. For an actual claim or pending proceeding, verify the provision applicable to the relevant tax year and the facts of the undertaking.
