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2018 (1) TMI 2 - AT - Income TaxDeduction claimed by the assessee u/s 80IA(4) - assessee is engaged in the business of operation of Container Freight Station (CFS) - Held that:- Keeping in view of the facts and circumstances of the case and by following the decision in assessee’s own case for the Assessment Year 2011-12 [2015 (12) TMI 365 - ITAT Visakhapatnam] and Assessment Year 2012-13 [2017 (4) TMI 1056 - ITAT VISAKHAPATNAM] also case of Continental Warehousing Corporation (Nhava Sheva) Ltd. (2015 (5) TMI 656 - BOMBAY HIGH COURT) held that profits and gains from infrastructure undertakings (infrastructure facility), set up within precincts of port, then, having considered its proximity to sea-port and its activities, it can be safely concluded that deduction admissible under sub-section (4) of section 80-IA can be claimed by both ICDs and CFSs. Also in assessee's own case having regard to the provisions of the Customs Act, the communication issued by the Central Board of Excise and Customs as well as the Ministry of Commerce and Industry, the object of including “inland port” as an infrastructure facility and also that customs clearance also takes place in the inland container depot, the assessee’s claim that the inland container depots were inland ports under Explanation (d) to sec. 80IA(4) required to be upheld - Decided in favour of assessee.
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