2014 (8) TMI 73 - HC - Income Tax

Deduction u/s 80IA - Inland storage facility operation at various ports Held that - The initial claim made by assessee after complying with the provisions of Section 80IA(4)(b) of the Act for the AY 2000-01, was allowed by the AO - The Circular No.793 dated 23.6.2000 was applicable from the AY 2001-02 onwards - CBDT issued another circular No.10 of 2005 dated 16.12.2005 withdrawing the condition of transfer of assets to the Central Government, State Government or the Local Authority - when there is an agreement between the assessee and the Visakhapatnam Port Trust Authorities that any time the Port Trust can repossess the entire infrastructure facility and the assessee has an obligation to transfer the facility to the Port Trust Authorities on such compensation as may be determined by the Authorities, the assessee is entitled for deduction u/s 80IA of the Income Tax Act thus, no substantial question of law arises for consideration Decided against Revenue.

Issues:
1. Interpretation of Section 80IA of the Income Tax Act regarding deduction eligibility.
2. Application of Circular No.793 dated 23.6.2000 and subsequent amendments.
3. Compliance with the provisions of Section 80IA(4) by the assessee.
4. Transfer of infrastructure facility to the Government as required by Section 80IA(4).
5. Validity of the decision of the Income Tax Appellate Tribunal.

Issue 1: Interpretation of Section 80IA of the Income Tax Act regarding deduction eligibility:
The respondent/assessee, a Private Limited Company engaged in inland storage facility operations, filed returns claiming deduction under Section 80IA for the assessment years 2006-07 and 2009-10. The Assessing Officer disallowed the claim as the asset was not transferred to the Government as required by Section 80IA(4). However, the Commissioner of Income Tax (Appeals) allowed the appeals, stating that the amendment brought by Finance Act, 2001, and Circular No.10 of 2005 applied from assessment year 2002-03 without specifying that it was only for projects commencing operation from that year.

Issue 2: Application of Circular No.793 dated 23.6.2000 and subsequent amendments:
The Assessing Officer relied on Circular No.793, stating that infrastructure had to be transferred, but the Commissioner of Income Tax (Appeals) clarified that Circular No.793 was not applicable for the assessment year 2000-01 when the initial claim was made by the assessee. The subsequent amendment made to Section 80IA from 1.4.2002 was found to have no effect on the present assessee, as there was no provision for retrospective application to them.

Issue 3: Compliance with the provisions of Section 80IA(4) by the assessee:
The Tribunal dismissed the appeals by the Revenue, confirming that the assessee had complied with the provisions of Section 80IA(4) as per the lease agreement with the Visakhapatnam Port Trust Authorities, where the Port Trust could repossess the infrastructure facility, and the assessee had an obligation to transfer it to the Authorities.

Issue 4: Transfer of infrastructure facility to the Government as required by Section 80IA(4):
The Tribunal found that the assessee had fulfilled the conditions of Section 80IA(4) during the relevant period, and the Circulars did not impact the eligibility of the assessee for deduction under Section 80IA of the Income Tax Act.

Issue 5: Validity of the decision of the Income Tax Appellate Tribunal:
The High Court upheld the Tribunal's decision, stating that no substantial question of law arose for consideration in the appeals. The Court found that the assessee was entitled to deduction under Section 80IA, and both the Tax Case (Appeals) were dismissed with no costs.

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