2011 (11) TMI 857

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.... the CIT(A). 3. Facts of the case in brief are that the assessee company is engaged in the business of providing cold chain facility for the agricultural produce. It filed the return of income on 26.10.2005. admitting an income of 'NIL' income after claiming deduction under S.80IB of ₹ 35,57,768. Though the return of income was initially processed under S.143(1) of the Act on 30.12.2005, thereafter the assessing officer issued notice under S.148 dated 2.5.2008, on the ground that the assessee did not provide cold chain facility enabling it to claim deduction under S.80IB(11) of the Act. 4. In the re-assessment proceedings that followed, the assessing officer was of the view that the cold chain facility consists of a series of facili....

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....re not relevant for the purpose when the Income-tax Act itself defined the word for purpose of S.80IB(11) of the Act. It was also explained that the assessee had facilities like pre-cooling, facility for fumigation of the stocks, drying of the goods on the platforms, grading of the commodities; while handling over the stocks to bring them to the normal temperature etc. and the statement of Shri P. Upender Rao is factually not correct and not reliable. Reliance was placed on the decision of the Agra Bench of the Tribunal in the case of ITO V/s. Ambika Sheet Grah(P)Ltd.(314 ITR 123), wherein it was held that the definition of a word provided by any authority or corporate body is not relevant, when there is a specific definition under the Act ....