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2017 (3) TMI 747 - HC - Income TaxReopening of assessment - claim of the assessee under Section 80IA - Held that:- Assessing Officer, while framing scrutiny assessment under Section 143 [3] of the Act, considered the claim in detail of the assessee under Section 80IA of the Act and only thereafter, considering the activities and functionalities of CFS, treated and considered CFS as Port itself. Therefore, after a detailed scrutiny and even after Assessing Officer and Additional Commissioner of Income-tax, Jamnagar personally verifying the activities/functionalities of the CFS, having treated CFS as an Inland Port, granted benefit under Section 80IA pf the Act. Therefore, even if communication dated 29th October 2005 by Jawaharlal Nehru Port Trust to the assessee would have no direct effect on the grant of benefit under Section 80IA of the Act, as on facts and considering the activities of CFS, the Assessing Officer has already held CFS as a Port itself. Under the circumstances it cannot be said that there was any suppression of material facts on the part of the assessee in not disclosing true and correct facts necessary for the assessment. Considering the very CBDT Circular No. 10 of 2005 dated 16th December 2005 as looking to the facilities provided by CFS, the CFS is an Inland Port as it carries out functions of warehousing, customs clearance and transport of goods from its location to sea-port and vice versa by rail or by trucks in containers. - Decided in favour of assessee
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