2019 (6) TMI 1002 - HC - Income Tax

Claim of deduction u/s 80-IA(4) - denial of claim as assessee did not fulfill the required conditions as prescribed for claiming deduction u/s 80-IA(4), as the inland container depot / container freight station is not included in inland ports as ports on rivers or canals - HELD THAT - Identical question came up for consideration before this Court 2018 (4) TMI 749 - BOMBAY HIGH COURT Container Freight Station (CFS) run by the respondent-assessee is eligible for deduction under Section 80IA of the Act as an infrastructure facility - Decided in favour of assessee.

Summary

Issues:
Challenge to the judgment of the Income Tax Appellate Tribunal regarding deduction under Section 80-IA(4) of ? 4,78,56,228/- for inland container depot/container freight station not being included in inland ports as ports on rivers or canals.

Analysis:
The High Court considered the appeal filed by the Revenue challenging the Tribunal's judgment. The main issue was whether the Tribunal was justified in allowing the assessee's claim of deduction under Section 80-IA(4) without fulfilling the required conditions for claiming the deduction. The respondent's counsel highlighted a similar question that was previously considered by the Court in a connected appeal of the same assessee. In a detailed judgment dated 11.4.2018, the Court had dismissed the Revenue's appeal, upholding the view that the Container Freight Station run by the respondent was eligible for deduction under Section 80IA as an infrastructure facility. This decision was based on previous rulings of the Tribunal and the Court, establishing that the issue had been conclusively decided in favor of the respondent- assessee.

The Court noted that the Tribunal had dismissed the Revenue's appeal by following the decisions of the Special Bench of the Tribunal and the Regular Bench in similar cases. The Tribunal's decision was based on the infrastructure nature of the Container Freight Station, which was in line with the Commissioner of Income-Tax Appeals' view. The Court upheld the Tribunal's decision, emphasizing that the issue had already been settled in previous cases where the Revenue's appeals were dismissed. As a result, the Court dismissed the appeal filed by the Revenue, affirming the Tribunal's decision regarding the deduction under Section 80-IA(4) for the inland container depot/container freight station, as it was considered eligible based on the established legal precedents and interpretations of the relevant provisions.