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2014 (11) TMI 1262 - AT - Income TaxDeduction u/s.80IA - operating of Container Freight Station (CFS) - scope of term infrastructure facilities - As per AO assessee company has not entered into an agreement with the Central or State Govt. or a local authority or any other statutory body for developing or operating and maintaining or developing, operating and maintaining a new infrastructure facility making it ineligible for availing the benefit u/s. 80IA(4) - CIT-A allowed the deduction - HELD THAT:- Respectfully following the decision of the Tribunal in assessee’s own case in the immediately preceding assessment year [2012 (8) TMI 893 - ITAT MUMBAI] wherein held ICD is not a port but It Is an inland port. The case of CFS is similarly situated In the sense that both carry out similar functions. i.e.. warehousing, customs clearance and transport of goods from. Its location to the seaports and vice versa by railway or by trucks in containers. Thus, the issue is no longer res integra. Respectfully following this decision, it Is held that a CFS is an Inland port whose Income is entitled to deduction under s. 80-IA(4). As in absence of any contrary material brought to our notice by Ld. Departmental Representative , we find no infirmity in the order of the CIT(A) allowing the claim of the assessee. Accordingly, the order of the CIT(A) is upheld and the grounds raised by the Revenue are dismissed.
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