SATTVA CFS & LOGISTICS P. LTD.,CHENNAI vs. PRINCIPAL CIT, CHENNAI

ITA 701/CHNY/2015Status: DisposedITAT Chennai01 January 2016AY 2010-20116 pages
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What did the Tribunal hold?

The Tribunal held that the Principal Commissioner erred in revising the Assessing Officer's order. It emphasized that the jurisdictional High Court's judgment is binding, and the mere pendency of an SLP does not justify ignoring it.

What were the facts?

The assessee claimed deduction under Section 80-IA for its Container Freight Station. The Principal Commissioner disallowed this deduction, disagreeing with the Assessing Officer's view and citing the pendency of an SLP against a jurisdictional High Court judgment.

What were the issues?

Whether the Principal Commissioner can revise an order based on a jurisdictional High Court judgment when an SLP is pending before the Supreme Court. Whether a Container Freight Station qualifies as infrastructure for Section 80-IA deduction.

Which sections of the Income-tax Act were involved?

Section 80-IA,Section 263

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Cases cited in this judgment(1)Show list

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Income Tax Appellate Tribunal, “B” BENCH, CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI A. MOHAN ALANKAMONY

Hearing: 16.12.2015Pronounced: 01.01.2016

PER N.R.S. GANESAN, JUDICIAL MEMBER:

This appeal of the assessee is directed against the order of the Principal Commissioner of Income Tax-6, Chennai, dated

18.03.

2015 and pertains to assessment year 2010-11. 2 I.T.A. No.701/Mds/15

2.

Sh.R. Rajagopalakrishnan, the Ld. representative for the assessee, submitted that the Assessing Officer allowed deduction

under Section

The order continues below.

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