9911796707
TMI Blog2011 (11) TMI 857X X X X Extracts X X X X X X X X Extracts X X X X ..... e case in brief are that the assessee company is engaged in the business of providing cold chain facility for the agricultural produce. It filed the return of income on 26.10.2005. admitting an income of NIL income after claiming deduction under S.80IB of ₹ 35,57,768. Though the return of income was initially processed under S.143(1) of the Act on 30.12.2005, thereafter the assessing officer issued notice under S.148 dated 2.5.2008, on the ground that the assessee did not provide cold chain facility enabling it to claim deduction under S.80IB(11) of the Act. 4. In the re-assessment proceedings that followed, the assessing officer was of the view that the cold chain facility consists of a series of facilities and such facilities m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purpose when the Income-tax Act itself defined the word for purpose of S.80IB(11) of the Act. It was also explained that the assessee had facilities like pre-cooling, facility for fumigation of the stocks, drying of the goods on the platforms, grading of the commodities; while handling over the stocks to bring them to the normal temperature etc. and the statement of Shri P. Upender Rao is factually not correct and not reliable. Reliance was placed on the decision of the Agra Bench of the Tribunal in the case of ITO V/s. Ambika Sheet Grah(P)Ltd.(314 ITR 123), wherein it was held that the definition of a word provided by any authority or corporate body is not relevant, when there is a specific definition under the Act as per S.80IB(14)(aa); a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cold chain storage facility, is eligible for deduction under S.80IB of the Act, is covered in favour of the assessee with the decision of the Agra Bench of the Tribunal in the case of Paliwal Ice Cold Store V/s. ITO(ITA lNo.231/Agr/2007 dated 24.10.2008), a copy of which has also been filed before us. It has also been brought to our notice that the said decision of the Agra Bench of the Tribunal has also been affirmed by the Hon ble Allahabad High Court, vide its order dated 3.11.2011 in Income Tax Appeal No.288 of 2009. In this view of the matter and in the absence of any decision to the contrary brought to our notice, we find no infirmity in the order of the CIT(A). We accordingly uphold the same rejecting the grounds of the Revenue in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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