TMI Blog2017 (11) TMI 1008X X X X Extracts X X X X X X X X Extracts X X X X ..... t Taxes Circular No. 10 of 2005, dated December 16, 2005 have specifically observed and held that looking to the facilities provided by the container freight station, the container freight station 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 80-IA(4) of the Act. - Decided in favour of assessee. - Tax Appeal No. 200 of 2017 - - - Dated:- 4-4-2017 - M. R. Shah And B. N. Karia, JJ. For the Appellant : Pranav G. Desai, Advocate For the Respondent : -- JUDG ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essment 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 ₹ 45,80,08,931 after making disallowance of deduction claimed by the assessee of ₹ 40,05,24,711 of the Act. The Assessing Officer while dis allowing the claim made by the assessee under section 80-IA(4) of the Act was of the opinion that the container freight station operated by the asses see at JNPT is not the specified infrastructure facility eligible for such deduction and the facility set up at Mundra Port is also container freight station, and therefore, the same does not qualify the deduction under section 80-IA(4) of the Act. (2.2) Feeling aggrieved and dissatisfied with the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of section 80-IA(4) of the Act vis-a-vis Circular No. 10 of 2005, dated December 16, 2005 ([2006] 280 ITR (St.) 1). The Assessing Officer relied upon the Certificate issued by JNPT dated October 29, 2005 bearing Reference No. JNPT/FIN/2005/290 wherein it was certified that the container freight station is situated on land that does not belong to the port and the container freight station of the assessee is extended activity of the port. The learned Commissioner of Income-tax (Appeals) as well as the learned Tribunal has deleted the disallowance of deduction under section 80-IA(4) of the Act, and therefore, the question, which is posed for the consideration of this court, is whether the assessee is entitled to the deduction under section 80 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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