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2014 (11) TMI 1262 - AT - Income TaxDeduction u/s.80IA - operating of Container Freight Station (CFS) - scope of term infrastructure facilities - As per AO assessee company has not entered into an agreement with the Central or State Govt. or a local authority or any other statutory body for developing or operating and maintaining or developing operating and maintaining a new infrastructure facility making it ineligible for availing the benefit u/s. 80IA(4) - CIT-A allowed the deduction - HELD THAT - Respectfully following the decision of the Tribunal in assessee s own case in the immediately preceding assessment year 2012 (8) TMI 893 - ITAT MUMBAI wherein held ICD is not a port but It Is an inland port. The case of CFS is similarly situated In the sense that both carry out similar functions. i.e.. warehousing customs clearance and transport of goods from. Its location to the seaports and vice versa by railway or by trucks in containers. Thus the issue is no longer res integra. Respectfully following this decision it Is held that a CFS is an Inland port whose Income is entitled to deduction under s. 80-IA(4). As in absence of any contrary material brought to our notice by Ld. Departmental Representative we find no infirmity in the order of the CIT(A) allowing the claim of the assessee. Accordingly the order of the CIT(A) is upheld and the grounds raised by the Revenue are dismissed.
Issues Involved:
1. Entitlement to deduction under Section 80IA of the Income Tax Act, 1961. 2. Definition and applicability of the term "infrastructure facilities" under Section 80IA(4). 3. Validity of the certificate issued by the Jawaharlal Nehru Port Trust (JNPT). 4. Agreement with the Central or State Government or any statutory body. 5. Classification of Container Freight Stations (CFS) as "inland ports." Issue-wise Detailed Analysis: 1. Entitlement to Deduction under Section 80IA: The primary issue in this case is whether the assessee is entitled to a deduction under Section 80IA of the Income Tax Act, 1961. The assessee company, engaged in operating a Container Freight Station (CFS), claimed a deduction of Rs. 33,88,19,293/- under Section 80IA(4). The Assessing Officer (AO) disallowed this claim, arguing that the conditions stipulated in the CBDT Circular No. 10 of 2005 were not fulfilled. 2. Definition and Applicability of "Infrastructure Facilities": The AO contended that the activities undertaken by the assessee did not fall within the definition of "infrastructure facilities" as per clause (d) of the Explanation to Section 80IA(4). The AO referenced the CBDT Circular No. 10 of 2005, which clarified that the definition of "port" includes structures at the port for storage, loading, and unloading, subject to certification by the concerned port authority. The AO argued that the assessee's CFS did not meet these criteria, as the certificate issued by JNPT had been withdrawn. 3. Validity of the Certificate Issued by JNPT: The AO noted that the certificate issued by JNPT to the assessee company on 13/07/2006 was withdrawn on 05/10/2007. As a result, the AO concluded that the assessee was no longer eligible for the deduction under Section 80IA(4). The withdrawal of the certificate was a critical factor in the AO's decision to disallow the deduction. 4. Agreement with the Central or State Government or Any Statutory Body: The AO further argued that the assessee had not entered into an agreement with the Central or State Government or any local authority or statutory body for developing, operating, and maintaining a new infrastructure facility. This non-fulfillment of the condition was cited as another reason for disallowing the deduction under Section 80IA(4). 5. Classification of CFS as "Inland Ports": The AO pointed out that the CBDT, vide F.No.178/42/2010-ITA-1 dated 06-01-2011, clarified that ICDs and CFSs are not ports located on any inland waterways, river, or canal and therefore cannot be classified as inland ports for the purpose of Section 80IA(4). This classification was a significant point of contention. Tribunal's Decision: The Tribunal, after hearing both sides, found that an identical issue had been decided in favor of the assessee in the immediately preceding assessment year. The Tribunal referenced the decision in the case of All Cargo Global Logistics Ltd. & Others, where it was held that a CFS is an "inland port" and eligible for deduction under Section 80IA(4). The Tribunal noted that the Hon'ble Delhi High Court had also held that ICDs are inland ports for the purpose of deduction under Section 80IA(4). Conclusion: Respectfully following the decision of the Tribunal in the assessee's own case for the immediately preceding assessment year and in the absence of any contrary material, the Tribunal found no infirmity in the order of the CIT(A). The CIT(A) had allowed the claim of the assessee for deduction under Section 80IA(4). Consequently, the Tribunal upheld the order of the CIT(A) and dismissed the appeal filed by the Revenue. Result: The appeal filed by the Revenue was dismissed, and the assessee's entitlement to deduction under Section 80IA(4) was upheld. The judgment was pronounced in the Open Court on 18-11-2014.
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