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TMI Blog2010 (3) TMI 1283X X X X Extracts X X X X X X X X Extracts X X X X ..... r Income Tax For the Respondent : Adv. Sri.Joseph Kodianthara JUDGMENT RAMACHANDRAN NAIR, J. 1.The question raised in the appeal filed by the Revenue is whether the Tribunal was justified in declaring the eligibility of the assessee for getting deduction under Section 80(1A)(4) in respect of infrastructure facility set up by the Cochin Port Trust for the assessment year 2003- 2.We have heard the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of deduction, if the agreement with the Government or the authority concerned did not provide for transfer of facility to the Government or any local or statutory authority, as the case may be. However, this provision was amended with effect from 1.4.2002 deleting therefrom the condition of transfer for claiming the benefit of deduction under Section 80(1A) 4(i)(b) extracted hereunder prior to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contention raised by the counsel for the Revenue is that, the benefit of exemption is available only for new infrastructure facility set up after the amendment. On the other hand, counsel for the Assessee contended that, the benefit of deduction is available from the year assessee becomes eligible by virtue of the amendment, which applies even for existing infrastructure facility. On going through ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2002 only are eligible for reduction is unacceptable because, the word new in sub clause 4(i)(b) is not a new introduction and was already there even prior to the amendment in 2002. The new infrastructure facility referred to therein is nothing but a facility, which was not available until the assessee sets up the same. The Department has no case that what assessee has set up in 1998 is not an in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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