TMI Blog2017 (10) TMI 1614X X X X Extracts X X X X X X X X Extracts X X X X ..... ial Bench in the case of M/s. All Cargo Global Logistics Ld. [ 2012 (7) TMI 222 - ITAT MUMBAI(SB) ] held that the assessee is eligible for claiming deduction u/s. 80IA(4) of the Act. The aforesaid decision of the Tribunal has been upheld by the Hon ble Bombay High Court in appeal filed by Revenue titled CIT Vs. Continental Warehousing Corporation [ 2015 (5) TMI 656 - BOMBAY HIGH COURT ] The dispute whether Container Freight Station set up within precincts of the port, considering its proximity to sea port fall within the meaning of infrastructure facility and admissible for deduction u/s. 80IA(4), has been decided in favour of the assessee by Hon ble Jurisdictional High Court in assessee s own case. Further, the Co-ordinate Bench of Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icer disallowed assessee s claim of deduction amounting to Rs. 37,76,20,755/- u/s. 80IA(4) of the Act. 3. Aggrieved by the assessment order dated 12.03.2014, the assessee filed appeal before Commissioner of Income Tax(Appeals). The Commissioner of Income Tax(Appeals) by following the decision of Hon ble Bombay High Court in assessee s own case for assessment year 2008-09 (374 ITR 645) and the decision of Special Bench in the case of M/s. All Cargo Global Logistics Ltd. Vs. DCIT [18 ITR (Trib) 106 (Mum.)] allowed the claim of assessee. Now, the Revenue is in appeal before the Tribunal assailing the findings of First Appellate Authority. The grounds raised by the Revenue in appeal are as under : 1. On the facts and in the circumstance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acility eligible for claiming deduction u/s. 80IA(4) of the Act. The aforesaid decision of Tribunal has been upheld by the Hon ble Bombay High Court. In subsequent assessment years i.e. assessment years 2009-10 2010-11, the Assessing Officer rejected assessee s claim of deduction u/s. 80IA(4) of the Act for identical reasons. In first appeal, the Commissioner of Income Tax(Appeals) allowed the claim of assessee and Revenue approached the Tribunal in ITA No. 906/PN/2013 for assessment year 2009-10 ITA No. 1778/PN/2014 for assessment year 2010-11. In both appeals, the Tribunal upheld the order of Commissioner of Income Tax (Appeals) and dismissed the appeal of Revenue vide order dated 18.11.2014 and 15.10.2016, respectively. The grounds ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng of Section 80IA(4). Hence, the assessee is not eligible for claiming benefit of deduction u/s. 80IA(4) of the Act. The Tribunal in ITA No. 7055/Mum/2011 for assessment year 2008-09 decided on 31.08.2012 by following the decision of Special Bench in the case of M/s. All Cargo Global Logistics Ld. Vs. DCIT (supra.) held that the assessee is eligible for claiming deduction u/s. 80IA(4) of the Act. The aforesaid decision of the Tribunal has been upheld by the Hon ble Bombay High Court in appeal filed by Revenue titled CIT Vs. Continental Warehousing Corporation (supra.). 7. In normal course, we would have considered the adjournment request favourably. In the instant case, the adjournment request filed on behalf of Sr. DR is rejected as th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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