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TMI Blog2022 (2) TMI 123X X X X Extracts X X X X X X X X Extracts X X X X ..... ian Railways cannot be given. Tribunal rightly referred to the various clauses in the agreement and came to the conclusion that the Railway Administration had a right to use all the sidings which have been put up by the assessee. Thus, the assessee would squarely fall within the ambit of clause (b) of Section 80-IA(4) of the Act. Further, we note Tribunal has relied on the decision in the case of Tamilnadu Petro Products [ 2010 (11) TMI 645 - MADRAS HIGH COURT] wherein as took note of the decision in the case of CIT Vs. Tanfac Industries Ltd. [ 2009 (7) TMI 1260 - SUPREME COURT] wherein while applying Section 80-IA(4) of the Act, The Hon ble Supreme Court took a view that the value of steam used for captive consumption by the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent/assessee. There is a delay of 983 days in filing this appeal and the respondent/assessee has filed an affidavit-in-opposition pointing out that substantial portion of the delay remains unexplained and the little explanation given for the remaining period is also bereft of particulars. We find that the delay of eight months i.e. from 5.9.2018 to 24.4.2019 has not been explained. Similarly the delay from 15.7.2019 to 17.2.2020 has not been explained. Therefore, we would have been well justified in dismissing the application and refusing to condone the delay. However, since the appeal has been filed by the revenue under Section 260A of the Act we thought fit to consider as to whether any substantial questions of law would arise for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Learned Income Tax Appellate Tribunal was justified in admitting fresh evidence by acknowledging the letters filed by the assessee as evidence that M/s. Rashmi Cement Pvt Ltd and M/s. Orissa Metaliks Pvt Ltd have for certain periods used the railway sidings thereby concluding that the infrastructure facility was used by other parties also when the fact is that these closely held Private Limited Companies are group companies of Rashmi Group and cannot be treated as separate entity? 3. Whether on the facts and circumstances of the case and in law, the Learned Tribunal Tax Appellate Tribunal was justified in holding that the assessee is entitled to deduction under section 80IA and quashing the order under Section 263 thereby denying t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT) invoked its power under Section 263 of the Act among other things proposed that on scrutiny of the assessment records it is seen that the assessee had claimed deduction under Section 80-IA(4) of the Act for its private railway sidings. This according to the PCIT was not admissible. Accordingly, show cause notice dated 28.02.2017 was issued under Section 263 of the Act. Assessee filed their objections which did not find favour with the PCIT and the same was rejected and the proposal was confirmed by separate orders dated 20.03.2017 for all the four assessment years. Aggrieved, by such order, the assessee filed appeal before the Tribunal. The Tribunal has done a very thorough factual examination. Firstly, it went into aspect as to whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ected and such narrow interpretation of the agreement entered into between the assessee and Indian Railways cannot be given. In our opinion, the Tribunal rightly referred to the various clauses in the agreement and came to the conclusion that the Railway Administration had a right to use all the sidings which have been put up by the assessee. Thus, the assessee would squarely fall within the ambit of clause (b) of Section 80-IA(4) of the Act. Further, we note Tribunal has relied on the decision in the case of Tamilnadu Petro Products Vs. Assistant Commissioner of Income Tax (2011) 13 taxman.com 139(Madras). In the said decision the Court took note of the decision in the case of CIT Vs. Tanfac Industries Ltd.; [SLP (C) No. 18537 of 200 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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