2016 (8) TMI 1183

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....Department is as under: "1. Income from House Property (Rent Income) from JNPT of Rs. 53,21,208/-& from Mundra of Rs. 17,73,000/- and income from interest of Rs. 1, 17,21, 544/- should not be treated as income derived from the Business of infrastructure facility and it should be excluded from deduction u/s 80IA(4)." 3. The assessee company is engaged in the business of providing service relating to shipping and allied activities like developing and maintain of inland container deports and container freight stations. The business activities of the assessee are at JNPT, Nava Seva Port and Mundra Port. In this case the assessment u/s 143(3) was finalized after disallowing the claim of Rs. 40,05,24,711/- for AY 2010-11, Rs. 51,98,73,8107-....

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....tended activity of the port. This certificate was withdrawn by JNPT vide its letter dated 19.10.2007. The Assessing Officer has also made the communication with the JNPT authorities and got confirmation of issue of certificate dated 29.10.2005 and its subsequently withdrawn on 19,10.2007. Based on the above two communication of JNPT with the Assessing Officer, he further sought clarification from the JNPT vide letter dated 13.04.2012 which was clarified by the JNPT vide letter dated 30.05.2012 stating that as CFS of the appellant is not located on the land of the port, so port ( JNPT ) may not be able to indicate whether it is forming part of the port or in course of their routine activities as per Income Tax Act 1961 in respect of section ....

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....rt, In case CFS for the initial year i.e. AY 2005-06 and for the AY 2006-07, the deduction was granted and subsequently, the issue was reopened u/s 148 of the act by the Ld. AO which was challenged by the assessee before the Hon'ble Gujarat High Court (being Special Civil Application no. 925 of 2013 for AY 2005-06 and Special Civil Application no. 3005 of 2014 for AY 2006-07). However, for the subsequent years i.e. AY 2007-08 to 2009-10 the claim of 80IA(4) was accepted in principle and only dispute is regarding whether the income of the rent received by CFS in terms of the letter of permission is income derived from the Port facility or not. In support of contention, assessee has filed detailed paper book containing following orders: a)....