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2011 (8) TMI 724 - AT - Income TaxDeduction under section 80-IB(11) of the Income-tax Act - in the cold storage plant, the assessee has provided facilities for a number of activities such as loading, unloading, cooling before placing the agricultural produce in the cold storage, storage at desired temperature to minimize loss, heating before dispatch after removal of the agricultural produce etc. Various other conditions mentioned in sub-section (11) and clause (aa) of sub-section (14) are admittedly satisfied. The only point of dispute is whether there could be a cold chain facility for storage only without involving transportation of agricultural produce. - Held that:- One could come to the conclusion that cold chain facility becomes complete only when it caters to transportation and storage and it remains incomplete when only storage is involved, therefore, the word "or" should be read as "and". - On the other hand, it can also be held that various attendant facilities provided alongwith storage complete the cold chain facility insofar as storage is concerned. We find that on consideration of all these issues, a co-ordinate Bench has already taken a decision in the case of Income-Tax Officer. Versus Ambika Sheet Grah (P) Limited. & others (2008 - TMI - 71907 - ITAT AGRA) that storage and attendant facilities in themselves complete the cold chain facility of storage. The judicial discipline demands that this decision should be followed. Therefore, we prefer to follow the decision in the interest of judicial discipline and hold that under the provision there can be a chain of facilities in respect of storage only. Accordingly, the appeals of the Revenue are dismissed.
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