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Issues involved: Appeal against common orders passed by CIT(A) for assessment years 2006-07, 2007-08 & 2008-09 regarding eligibility for deduction u/s 80IB for maintaining cold chain storage facility.
The assessee, a company providing cold storage chain facility for agricultural produce, offers various services like unloading, analysis, pre-cooling, drying, grading, badla movement, and stock maintenance. The facilities cater to products such as chillies, turmeric, tamarind, maize, jowar, paddy seed, and black gram. The company maintains records and registers to track the identity and location of stocks at different stages. The Assessing Officer challenged the deduction claimed u/s 80IB, contending that the cold chain facility required transport services as well. The assessee argued that maintaining either storage or transport facility was sufficient for the deduction. Citing the definition of "cold chain facility" u/s 80IB(14)(aa), the assessee claimed entitlement to the deduction based on the storage facility being in place. The Tribunal referred to a previous decision favoring the assessee for the assessment year 2005-06, where it was held that maintaining a cold chain storage facility made the assessee eligible for deduction u/s 80IB. The Tribunal upheld the CIT(A)'s decision based on the precedent set by the Agra Bench and the affirmation by the Allahabad High Court. Consequently, the Revenue's appeals were dismissed in line with the earlier ruling. In conclusion, the Tribunal dismissed all three appeals filed by the Revenue, upholding the eligibility of the assessee for deduction u/s 80IB based on the maintenance of a cold chain storage facility.
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