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2017 (4) TMI 667 - GUJARAT HIGH COURTDisallowance of deduction u/s 80IA(4) - income derived from the industrial undertaking of Container Freight Stand at JNPT - Held that:- Issue is squarely covered against the revenue in light of the decision of the Delhi High Court in the case of Container Corporation of India Limited Vs. Assistant Commissioner of Income-tax [2012 (5) TMI 260 - DELHI HIGH COURT] as well as the decision of the Bombay High Court in the case of Commissioner of Income-tax II, Thane Vs. Continental Warehousing Corporation [Nhava Sheva] Limited (2015 (5) TMI 656 - BOMBAY HIGH COURT). In the aforesaid two decisions, Delhi High Court as well as Bombay High Court, after considering CBDT Circular No.10 of 2005 dated 16/12/2005 have specifically observed and held that looking to the facilities provided by Container Freight Stand, the Container Freight Stand 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. Under the circumstances, the learned tribunal has rightly deleted the disallowance of deduction claimed by the assessee under Section 80IA(4) of the Act. At this stage, it is required to be noted that with respect to the earlier orders the assessee has been granted the deduction under Section 80IA(4) of the Act pursuant to the order passed by the learned tribunal and the same has attained finality.
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