2011 (8) TMI 724 - AT - Income Tax

Deduction under section 80-IB(11) of the Income-tax Act - in the cold storage plant, the assessee has provided facilities for a number of activities such as loading, unloading, cooling before placing the agricultural produce in the cold storage, storage at desired temperature to minimize loss, heating before dispatch after removal of the agricultural produce etc. Various other conditions mentioned in sub-section (11) and clause (aa) of sub-section (14) are admittedly satisfied. The only point of dispute is whether there could be a cold chain facility for storage only without involving transportation of agricultural produce. - Held that - One could come to the conclusion that cold chain facility becomes complete only when it caters to transportation and storage and it remains incomplete when only storage is involved, therefore, the word or should be read as and . - On the other hand, it can also be held that various attendant facilities provided alongwith storage complete the cold chain facility insofar as storage is concerned. We find that on consideration of all these issues, a co-ordinate Bench has already taken a decision in the case of Income-Tax Officer. Versus Ambika Sheet Grah (P) Limited. & others (2008 - TMI - 71907 - ITAT AGRA) that storage and attendant facilities in themselves complete the cold chain facility of storage. The judicial discipline demands that this decision should be followed. Therefore, we prefer to follow the decision in the interest of judicial discipline and hold that under the provision there can be a chain of facilities in respect of storage only. Accordingly, the appeals of the Revenue are dismissed.

Issues Involved:
1. Deduction under section 80-IB(11) of the Income-tax Act, 1961.
2. Definition and scope of "cold chain facility" under section 80-IB(11).
3. Interpretation of sub-sections (3), (11), and (14) of section 80-IB.

Detailed Analysis:

1. Deduction under section 80-IB(11) of the Income-tax Act, 1961:
The primary issue in the appeals concerns the eligibility of the assessee for deduction under section 80-IB(11). The Revenue contended that the assessee, operating a cold storage facility for potatoes, did not qualify as a "cold chain facility" and thus was not entitled to the deduction. The assessee argued that it met all the conditions stipulated in section 80-IB(11) and was therefore eligible for the deduction. The CIT(A) had allowed the deduction, which the Revenue challenged.

2. Definition and scope of "cold chain facility" under section 80-IB(11):
The Revenue argued that the term "cold chain facility" implies a chain of facilities for both storage and transportation of agricultural produce under scientifically controlled conditions. They relied on the explanatory notes and a Board Circular which emphasized that a cold chain facility includes both storage and transportation. The assessee countered that the definition in section 80-IB(14) uses the conjunction "or" between "storage" and "transportation," indicating that a facility for either storage or transportation qualifies as a cold chain facility. The assessee provided detailed descriptions of their facilities, including multi-chamber cold storage, refrigeration systems, and other amenities, to demonstrate that they met the criteria for a cold chain facility.

3. Interpretation of sub-sections (3), (11), and (14) of section 80-IB:
The Revenue's position was that sub-section (3) specifically deals with cold storage plants and that the assessee did not meet the conditions under this sub-section. Consequently, they argued that the assessee could not claim deductions under sub-section (11). The assessee contended that sub-section (11) contains a non obstante clause, overriding the provisions of sub-sections (3), (4), and (5). Therefore, if the conditions of sub-section (11) are satisfied, the deduction should be allowed regardless of sub-section (3). The CIT(A) agreed with the assessee, citing judicial precedents and the specific wording of the statute.

Judgment Analysis:

Case of M/s. Prabhat Sheet Grah:
The Tribunal noted that the assessee provided various facilities such as loading, unloading, cooling, and scientifically controlled storage conditions, which collectively constituted a cold chain facility for storage. The Tribunal emphasized the use of the word "or" in the definition of "cold chain facility" in section 80-IB(14), supporting the interpretation that a facility for storage alone could qualify. The Tribunal followed the precedent set in the case of Ambica Sheet Grah (P.) Ltd., which held that storage facilities with attendant features could constitute a cold chain facility. Consequently, the Tribunal dismissed the Revenue's appeals and upheld the CIT(A)'s decision to allow the deduction.

Cases of Shanti Vrat Cold Storage (P.) Ltd. and Maa Gayatri Cold Storage:
The Tribunal found that the facts in these cases were identical to those in the case of M/s. Prabhat Sheet Grah. Following the same reasoning and judicial discipline, the Tribunal dismissed the Revenue's appeals in these cases as well.

Conclusion:
The Tribunal dismissed all the appeals of the Revenue and the Cross Objections of the assessee, affirming the CIT(A)'s decision to allow deductions under section 80-IB(11). The judgment clarified that a cold chain facility for storage alone, with scientifically controlled conditions, qualifies for the deduction under section 80-IB(11), provided other conditions are met.

← Previous Next →