DEPUTY COMMISSIONER OF INCOME TAX vs. MAHARASHTRA STATE WAREHOUSING CORPORATION, PUNE

The Revenue has raised the following grounds of appeal:- 01. Whether on the facts and in the circumstances of the case and in law, the Ld. Commissioner of Income Tax (Appeals) has erred in holding that the assessee was eligible for deduction claimed under section 80IA(4) of the I T Act amounting to Rs.79,43,510/-. 02. Whether on the facts and in the circumstances of the case and in law, the Ld. Commissioner of Income Tax (Appeals) has erred in relying on the decision of Container Corporation of India Ltd. Vs ACIT (2012) 346 ITR 140 (Delhi) which is misplaced.

The learned Authorized Representative for the assessee at the outset pointed out that the issue raised by Revenue in the present appeal is squarely covered by the order of Tribunal in assessee’s own case in earlier years.

The only issue raised in the present appeal filed by Revenue is against order of CIT(A) in holding the assessee to be eligible for claiming deduction under section 80IA(4) of the Act at ₹ 79,43,510/-.

The learned Departmental Representative for the Revenue fairly admitted that the issue has been decided by the Tribunal.

We have heard the rival contentions and perused the record. The assessee was State Government Undertaking and had set up Inland Container Depot (ICD) and Container Freight Station (CFS) for handling bonded warehouse on the leasehold land of SIDCO in the vicinity of Jawaharlal Nehru Port Trust. The Assessing Officer disallowed the claim of assessee under section 80IA(4) of the Act on the ground that the assessee has failed to furnish a certificate from the concerned port authorities certifying that the structure at the port for storage, loading and unloading etc. formed part of Port.

We find that similar claim of deduction under section 80IA(4) of the Act was denied to the assessee in assessment year 2009-10 and thereafter also in assessment year 2011-12. The Tribunal allowed the claim of assessee in assessment year 2009-10 in ITA No.820/PN/2013 vide order dated 09.05.2016, which was followed by the Tribunal itself in ITA No.1014/PUN/2015, relating to assessment year 2011-12, vide order dated 28.07.2017. The relevant findings of Tribunal are at pages 3 to 7 under paras 6 and 7 of the order dated

The issue raised in the present appeal is similar to the issue before the Tribunal in earlier years and following the same parity of reasoning, we hold that the assessee is entitled to claim the deduction under section 80IA(4) of the Act. Thus, the grounds of appeal raised by Revenue are dismissed.

In the result, the appeal of Revenue is dismissed.