TaxTMI 
TaxTMI 
TaxTMI 
2020 (3) TMI 677
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.... convenience, these appeals are clubbed, heard and disposed of by this consolidated order. Firstly, we are taking ITA No. 576/Mum/2018 for AY 2010-11 filed by the revenue. ITA No. 576/Mum/2018 for AY 2010-11 Grounds of appeal raised by the revenue are as under:- (i) On the facts and in the circumstances of the case and in law, the learned CIT(A) erred in allowing claim of deduction u/s. 80IA(4) of Rs. 1 2,97,713/- on account of FOR interest, scrap sales and EDI charges without appreciating the fact that these incomes cannot be said to be derived from the business activity of the assessee of running a Container Freight Station." (ii) "On the facts and in the circumstances of the case and in law, the learned CIT(A) erred in allowing the....
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....by Director, Infrastructure Division, Department of Commerce dated 24.11.2004, Director, Custom CBEC Department of Revenue dated 24.03.2O09 are with reference to the request made by the assessee for constructing ICD/CFS and that such license cannot be considered to be a required agreement between the assessee company and the Government as provided in sub clause (b) of section 80IA(4)(i) of the I.T. Act, 1961." 3. Ground nos. 1 to 3 allowance of claim of deduction of Rs. 12,97,713/- and Rs. 4,65,58,515 u/s. 80IA(4) of the Act made on account of FDR interest, scrap sales & EDI charges and profits earned from container business. 4. Brief facts of the case are that a search & seizure action u/s. 132 of the Income-tax Act, 1961 ( in short, the....
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....unt profit earned from the operation of Inland container Depot (ICD). He also found that the assessee had credited the FD interest received from its banks of Rs. 27,04,276/- in the P & L account. The AO has elaborately discussed the provisions of section 80IA(4) of the Act & CBDT Circular No. 10 of 2005 dt. 16-12-2005 for such deduction in his order at pages 4-5. On perusal of the same, the AO was of the view that for claiming such deduction u/s. 80IA(4), the assessee is to carry on the business of developing/operating/maintaining in infrastructure facility and he held that all the conditions u/s. 80IA of the Act should be fulfilled to avail such deduction. In support of such deduction, the assessee also filed detailed Explanation in respec....
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....assessee of running a container freight station. However, he relied on the order of the AO and opposed the impugned order of the ld. CIT-A in allowing the same. 8. On the other hand, the ld. AR submitted that the issue involved in the appeal is squarely covered in favour of assessee and against the revenue by an orders dt. 31-12-2018 /13-02-2019 of the Co-ordinate Bench of this Tribunal in assessee's own case for the AYs 2008-09 & 2009-10. 9. After hearing the rival submissions and perusing the material available on record including the orders of revenue authorities and orders dt. 31-12-2018/13-02-2019, we find that the issues ( reg: claim of deduction u/s. 80IA (4) of the Act] on a/c of FDR/EDI/scrap sales and profit earned from the oper....
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....e Revenue's Appeal beforejt by holding that the Container Freight Station (CFS) run by the respondent assessee is eligible for deduction under Section 80IA of the Act as an infrastructure facility. Thus, upholding the view of the Commissioner of Income-Tax Appeals (CIT (A)]. This by following the decisions of the Special Bench of the Tribunal in M/s. All Cargo Global Logistics Ltd. Vs. DCIT (ITA No.5018 to 5022 and 5059) rendered on 6th July, 2012 and the decision of the Regular Bench of the Tribunal in the case of Continental Warehousing Corporation (Nhava Sheva) Vs. ACIT (ITA No. 7055/Mum/2011) dated 31st August, 2012. The submission of the Revenue that as Appeals have been filed against the aforesaid two decisions of the Tribunal, be....