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TMI Blog2022 (10) TMI 609X X X X Extracts X X X X X X X X Extracts X X X X ..... count of disallowance of the claim for deduction u/s 80IA of the Act. 2. The Ld. CIT(A) erred on facts and in law in holding that the assessee was eligible for deduction u/s 80IA of the Act. 3. The Ld. CIT(A) erred on facts and in law in deleting the addition made by the AO amounting to Rs.76,80,274/- on account of disallowance u/s 14A. 4. Ld. CIT(A) erred on facts and in law in holding that while resorting to provisions of section 14A of the Act and computing disallowable amount under Rule 8D, recording the satisfaction by the AO that the working of disallowable made by the assessee was incorrect is mandatory and in absence of such satisfaction, no disallowance can be made. 5. The Ld. CIT(A) erred on facts and in law in deleting th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the CIT(A) was not right in deleting the addition made by the AO amounting to Rs. 64,43,00,313/- on account of disallowance of claim for deduction under Section 80IA of the Act as the assessee is claiming the deduction without fulfilling the conditions set out under Section 80IA(4) of the Act. The Ld. D.R. submitted that the enterprise which claims the deduction should carry on the business of developing or operating or maintain or developing, operating and maintaining any infrastructure facility. As per Clause (d) of the Explanation to Section 80IA(4), infrastructure facility means a port, airport, inland waterway. The CBDT Circular No. 10 of 2005 dated 16.12.2005 clarified the definition of "port" for the purpose of deduction under Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order. 9. The Ld. A.R. submitted that regarding Ground No. 1 & 2 of Revenue's appeal the Hon'ble Supreme Court in assessee's own case in Civil Appeal No. 4484 of 2018 has given a clear finding that assessee is eligible for claiming deduction under Section 80IA for operating and maintaining CFS facility. The Ld. A.R. further submitted that the assessment order contested by the assessee is that of 2013-14 and JNPT authority has clearly granted the certificate to the assessee in the year 2007 thereby withdrawing the earlier remarks. The Ld. A.R. further submitted that in respect of disallowance under Section 14A has not given any satisfaction in the assessment order. The Ld. A.R. submitted that as per Section 14A(2) of the Act, Rule 8D is to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty should be treated as business income in specific circumstances which are set out in the said decision. 10. We have heard both the parties and perused all the relevant material available on record. As regards Ground No. 1 & 2 related to deduction under Section 80IA (4) the assessee's case is squarely covered by the Hon'ble Supreme Court decision in assessee's own case in Civil Appeal 4484 of 2018 wherein the assessee has been allowed to claim deduction under Section 80IA as the assessee is developing, operating and maintaining infrastructure facilities in the port area and is Container Freight Station which comes within the definition of port as per subsequent clarification issued by the JNPT on 24.10.2007. Thus, the Ground No. 1 & 2 of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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