TaxTMI 
TaxTMI 
2021 (4) TMI 152
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.... assessment year 2014- 15, assessee preferred ITA No. 1616 /Del/ 2018 whereas the Revenue preferred ITA No. 2367 /Del/ 2018. Since these appeals emanate from the same assessment order and the order of the Ld. CIT(A), it would be just and convenient to dispose them of by way of this common order. 2. Brief facts of the case as could be culled out from the record are that the assessee company is engaged in the business of handling and transportation of containerized cargo. For the assessment year 2014-15, assessee filed the return of income on 23/9/2014 declaring taxable income of Rs. 7 88, 18, 00, 850/- after claiming deduction under chapter VI-A of the Income Tax Act, 1961 (for short "the Act") amounting to Rs. 3 83, 27, 14, 511. Assessme....
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....ad preferred an SLP admitted by the Hon'ble Apex Court in ITA numbers 1411/2009, 967/2011 and in 968/2011 dated 26/1/2011. 5. It is submitted by the Ld. AR that the Hon'ble Apex Court vide the decision reported in 404 ITR 397 (SC) decided the issue in favour of the assessee and therefore, in view of the decision of the Hon'ble Apex Court, the disallowance cannot be sustained. 6. We have on through the record in the light of the submissions made on either side. It could be seen from the record that on a perusal of the record, learned Assessing Officer noticed that the deduction under section 8 EIA on Inland Container Depot was not allowed to the assessee in the earlier assessment years and on that ground the same could not be allowed f....
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....ms Act, 1962, through amendment made by the Finance Act, 1983 with effect from 13.05.1983. 22. The term 'Inland Port' has been defined nowhere. But the Notification that has been issued by the Central Board of Excise & Customs (CBEC) dated 24.04.2007 in terms holds that considering the nature of work carried out at these ICDs they can be termed as Inland Ports. Further, the communication dated 25.05.2009 issued on behalf of the Ministry of Commerce and Industry confirming that the ICDs are Inland Ports, fortifies the claim of the respondent herein. Though both the Notification and communication are not binding on CBDT to decide whether ICDs can be termed as Inland Ports within the meaning of Section 80-IA of the IT Act, the app....
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....sue in favour of the assessee. He filed a copy of the order dated 23/08/2018. There is no dispute as to the Tribunal dealing with this issue in the earlier assessment year and holding the same in favour of the assessee. For the sake of completeness, however, we find it just and necessary to note the observations of the Tribunal while dealing with the issue because the same have a bearing on the issue for this year also. This issue was ground No. 4 in Revenue's appeal in the said appeal and the observations of the Tribunal are as follows: - 12. Ground No. 4 is in respect of disallowance of deduction on account of lease rent paid in advance against the land taken on longterm lease for business purposes on pro rata basis. 12.1. Ld.Cou....
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....im of the assessee clearly bringing out the facts whether it is a claim of the depreciation or whether it is a claim of the allowability of expenditure." 12.2. Ld. CIT DR did not object for the issue being set aside with a direction clearly bringing on the facts whether it is the claim of depreciation or whether the claim of allowability of expenditure. 10. For this assessment year also, Ld. CIT DR did not object for the issue being set aside with a direction clearly bringing on the facts whether it is the claim of depreciation or whether the claim of allowability of expenditure. Recording the same we set aside the findings of the Ld. CIT(A) on this issue and remained the same to the file of the learned Assessing Officer with a ....