TMI Blog2017 (4) TMI 667X X X X Extracts X X X X X X X X Extracts X X X X ..... l 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Navi Mumbai in the F.Y. 2005-06. The Assessing Officer was of the opinion that the assessee is not entitled to deduction of ₹ 51,98,73,810/- under Section 80IA(4) of the Act as claimed. Thereafter, the assessment under Section 143(3) of the Act came to be finalized by the Assessing Officer by determining the total income of the assessee Company at ₹ 64,60,69,230/- after making disallowance of deduction claimed by the assessee of ₹ 51,98,73,810/- of the Act. The Assessing Officer while disallowing the claim made by the assessee under Section 80IA(4) of the Act was of the opinion that the Container Freight Stand operated by the assessee at JNPT is not the specified infrastructure facility eligible for such deduction and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Assessing Officer disallowed the claim of the assessee by considering the conditions mentioned in the provisions of Section 80IA(4) of the Act vis a vis Circular No.10 of 2005 dated 16/12/2005. The Assessing Officer relied upon the Certificate issued by JNPT dated 29/10/2005 bearing Reference No.JNPT/FIN/2005/290 wherein it was certified that the Container Freight Stand is situated on land that does not belong to the port and the Container Freight Stand of the assessee is extended activity of the port. The learned CIT(A) as well as the learned tribunal has deleted the disallowance of deduction under Section 80IA(4) of the Act, and therefore, the question, which is posed for the consideration of this Court, is whether the assessee is en ..... X X X X Extracts X X X X X X X X Extracts X X X X
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