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2015 (11) TMI 996 - AT - Income TaxDeduction u/s 80IA(4) - whether the container freight station of the assessee is an inland port for the purposes of deduction u/s 80IA(4) ? - Held that:- The provisions of section 80IA(4), CBDT Circular, reply of the assessee dated 27/12/2011 mentioning CBDT Circular dated 23/06/2000 and 16/12/2005. Circular dated 16/12/2005 has done away with the requirement of agreement and the said circular was discussed by their lordship of the Hon’ble jurisdictional High Court in the case of CIT vs ABG Heavy Industries Ltd (2010 (2) TMI 108 - BOMBAY HIGH COURT). The Bench finally concluded that the claimed deduction cannot be denied to the assessee. So far as, contention of the ld. DR that the decision in the case of AlL Cargo Global Logistic Ltd. vs DCIT (2012 (7) TMI 222 - ITAT MUMBAI(SB)) has not been accepted by the department and appeal has been preferred before the Hon’ble High Court, we not that the decision of the Special Bench (aforementioned) has been affirmed by Hon’ble jurisdictional High Court in CIT vs Continental Warehousing Corporation and All Cargo Global Logistic Ltd. (2015 (5) TMI 656 - BOMBAY HIGH COURT) by following Container Corporation of India Ltd. vs ACIT (2012 (5) TMI 260 - DELHI HIGH COURT) wherein held having regard to the provisions of the Customs Act, the communications issued by the CBEC as well as the Ministry of Commerce and Industry, the object of including "inland port" as an infrastructure facility and also having regard to the fact that customs clearance also takes place in the ICD, the assessee's claim that the ICDs are Inland Ports under Explanation (d) of Section 80IA(4) requires to be upheld. - Decided in favor of assessee.
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