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2017 (10) TMI 1614 - ITAT PUNEDeduction u/s.80IA(4) - operating of Container Freight Station (CFS) - scope of term infrastructure facilities - Denial of deduction as CFS set up by assessee does not fall within the meaning of “Port” as envisaged under the definition of “infrastructure facility” in Explanation to Section 80IA(4) - whether the activities undertaken by the assessee fall within clause (d) of Explanation to Section 80IA(4) defining the term ‘infrastructure facility’? - HELD THAT:- The Tribunal for assessment year 2008-09 [2012 (8) TMI 893 - ITAT MUMBAI] by following the decision of Special Bench in the case of M/s. All Cargo Global Logistics Ld. [2012 (7) TMI 222 - ITAT MUMBAI(SB)] held that the assessee is eligible for claiming deduction u/s. 80IA(4) of the Act. The aforesaid decision of the Tribunal has been upheld by the Hon’ble Bombay High Court in appeal filed by Revenue titled CIT Vs. Continental Warehousing Corporation [2015 (5) TMI 656 - BOMBAY HIGH COURT] The dispute whether Container Freight Station set up within precincts of the port, considering its proximity to sea port fall within the meaning of “infrastructure facility” and admissible for deduction u/s. 80IA(4), has been decided in favour of the assessee by Hon’ble Jurisdictional High Court in assessee’s own case. Further, the Co-ordinate Bench of Tribunal in immediate preceding assessment years i.e. assessment years 2009-10 [2014 (11) TMI 1262 - ITAT PUNE] & 2010-11 [2016 (10) TMI 1367 - ITAT PUNE] have taken a consistent view holding assessee is to be eligible for claiming deduction u/s.80IA(4) of the Act. We find no reason to take a divergent view. Thus, we find no merit in the appeal filed by Revenue and the same is dismissed.
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