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2019 (9) TMI 497 - AT - Income TaxDeduction u/s 80IA(4) - whether assessee engaged in the business of operation of CFS is eligible for claiming deduction u/sec. 80IA (4) or not? - whether definition of 'infrastructural facility' as defined u/s.80IA(4) includes' a port, airport, inland water way, inland port or navigational channel in the sea' but does not include Container Freight Station(CFS)? - HELD THAT:- CIT(A) by following the decision of the coordinate bench of the tribunal in assessee‟s own case for the A.Y. 2013-14 [2018 (1) TMI 2 - ITAT VISAKHAPATNAM] and also case of CIT Vs. Continental Warehousing Corporation [2015 (5) TMI 656 - BOMBAY HIGH COURT] as also the judgment of A.L. Logistics Pvt. Ltd. [2015 (1) TMI 401 - MADRAS HIGH COURT] correctly directed the Assessing Officer to allow deduction u/sec. 80IA (4) to the assessee. Before us, assessee has relied on the judgment of the Hon'ble Supreme Court in the case of Container Corporation of India [2018 (5) TMI 359 - SUPREME COURT] wherein inland container depots are inland ports subject to provisions of section 80IA and deduction can be claimed for income earned out of these depots. - Decided in favour of assessee.
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