2017 (10) TMI 1614

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....ng the impugned assessment year, the assessee claimed deduction u/s.80IA(4) of the Income tax Act, 1961 ( hereinafter referred to as 'the Act') in respect of CFS set up by the assessee. In scrutiny assessment proceedings for impugned assessment year, the Assessing Officer held that assessee is not eligible for claiming deduction u/s. 80IA(4), as CFS set up by assessee does not fall within the meaning of "Port" as envisaged under the definition of "infrastructure facility" in Explanation to Section 80IA(4) of the Act. Thus, the Assessing Officer disallowed assessee's claim of deduction amounting to Rs. 37,76,20,755/- u/s. 80IA(4) of the Act. 3. Aggrieved by the assessment order dated 12.03.2014, the assessee filed appeal before Commissioner....

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....raised by the Revenue in appeal is against assessee's claim of deduction u/s. 80IA(4) of the Act. The issue is squarely covered in favour of the assessee by the decision of Tribunal in earlier assessment years i.e. assessment years 2008-09, 2009-10 and 2010-11 in assessee's own case. The Mumbai Bench of Tribunal in assessee's own case i.e. ITA No.7055/Mum./2011 for assessment year 2008-09 decided on 31.08.2012 has held that the CFS set up by assessee falls within the meaning of "Port" and thus, qualifies to be 'infrastructure facility' eligible for claiming deduction u/s. 80IA(4) of the Act. The aforesaid decision of Tribunal has been upheld by the Hon'ble Bombay High Court. In subsequent assessment years i.e. assessment years 2009-10 & 201....

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....s raised by the Revenue in earlier appeals for assessment years i.e. assessment years 2009- 10 & 2010-11. The solitary issue raised by Revenue in appeal is, whether the activities undertaken by the assessee fall within clause (d) of Explanation to Section 80IA(4) defining the term 'infrastructure facility'. We find that Revenue has been rejecting assessee's claim of deduction u/s. 80IA(4) since assessment year 2008-09 on the ground that CFS set up by assessee does not qualify to be "infrastructure facility" within the meaning of Section 80IA(4). Hence, the assessee is not eligible for claiming benefit of deduction u/s. 80IA(4) of the Act. The Tribunal in ITA No. 7055/Mum/2011 for assessment year 2008-09 decided on 31.08.2012 by following th....