2019 (9) TMI 1692 - HC - Income Tax

Deduction u/s 80IA - activities undertaken by the assessee do not fall within clause (d) of the explanation no section 80IA(4) defining the term infrastructure facilities - ITAT allowed deduction - HELD THAT - The impugned order of the Tribunal allowed Respondent- Assessee s appeal inter alia placing reliance on the decision of the Delhi High Court in the case of Container Corporation of India Ltd. v. Asstt. Commissioner of Income Tax 2012 (5) TMI 260 - DELHI HIGH COURT and also placing reliance on the decision of this Court in the case of C.I.T. v. Continental Warehousing Corporation 2015 (5) TMI 656 - BOMBAY HIGH COURT Appellant very fairly states that the view taken by the Delhi High Court in the case of Container Corporation of India Ltd. (supra) and by this Court in the case of Continental Warehousing Corporation (supra) has been upheld by the Apex Court in the case of CIT v. Continental Warehousing Corporation 2018 (5) TMI 359 - SUPREME COURT No substantial question of law.

Summary

Issues:
Challenge to order of Income Tax Appellate Tribunal regarding deduction u/s 80IA of the Income Tax Act for assessment year 2009-10.

Analysis:
The High Court was presented with an appeal challenging the order of the Income Tax Appellate Tribunal regarding the entitlement to deduction u/s 80IA of the Income Tax Act for the assessment year 2009-10. The main question of law raised by the Revenue was whether the assessee is entitled to the deduction under section 80IA, even if the activities undertaken by the assessee do not fall within the definition of infrastructure facilities as per section 80IA(4) of the Act. The impugned order of the Tribunal, which allowed the Respondent-Assessee's appeal, relied on the decisions of the Delhi High Court and the Bombay High Court in similar cases. The counsel for the appellant acknowledged that the views of the Delhi High Court and the Bombay High Court were upheld by the Supreme Court in a subsequent case.

The counsel for the appellant conceded that the decisions of the Delhi High Court and the Bombay High Court, which were relied upon by the Tribunal, were subsequently affirmed by the Supreme Court in a separate case. As a result, the High Court found that the question posed by the Revenue did not present any substantial question of law. Therefore, the appeal was dismissed based on the precedent set by the Supreme Court in upholding the decisions of the lower courts.

In conclusion, the High Court upheld the decision of the Tribunal regarding the entitlement to deduction u/s 80IA of the Income Tax Act for the assessment year 2009-10. The court found that the views expressed by the Delhi High Court and the Bombay High Court were validated by the Supreme Court in a subsequent case. Consequently, the question raised by the Revenue was deemed not to give rise to any substantial question of law, leading to the dismissal of the appeal.