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Section 14A Restricted, 80IA Deduction Allowed, Intangible assets Depreciation Sustained

Case Law Details

TaxGuru Citation
2025 taxguru.in 8647
Case Name
Mundra International Container Terminal Private Limited Vs DCIT (ITAT Ahmedabad)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
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Mundra International Container Terminal Private Limited Vs DCIT (ITAT Ahmedabad)

Revenue Fails on ₹383 Cr 80IA Disallowance – Assessee’s DDT Claim Also Rejected; Section 14A Restricted, 80IA Deduction Allowed, Intangible assets Depreciation Sustained – Tribunal Follows Past Precedents

These were cross appeals for AY 2017-18 (by both assessee & Revenue) & Revenue’s appeal for AY 2018-19.

Section 14A disallowance:

AO disallowed ₹1.12 crore applying Rule 8D on investments of over ₹123 crore in shares & mutual funds. CIT(A) restricted disallowance to ₹24 lakh, considering only mutual fund investments where exempt income of ₹2.02 crore was earned. Tribunal upheld CIT(A)’s approach, holding that disallowance must relate only to income-yielding assets. Thus, both assessee’s plea against ₹24 lakh & Revenue’s plea for restoring ₹1.12 crore were dismissed.

Depreciation on intangible assets:

Revenue contested CIT(A)’s allowance of ₹2.40 crore depreciation on “Infrastructure Usage Facility.” Tribunal noted this issue had been consistently decided in assessee’s favour in earlier years (from AY 2004-05 onwards) & that depreciation allowed in past cannot be disturbed. Relying on precedents including Gujarat HC in S.K. Patel Family Trust, ITAT upheld CIT(A) & dismissed Revenue’s ground.

Deduction u/s 80IA(4):

Revenue challenged deletion of disallowance of ₹383.13 crore (AY 2017-18) & ₹388.83 crore (AY 2018-19). Tribunal held the issue was squarely covered in assessee’s own case for AY 2016-17, supported by Madras HC rulings in A.L. Logistics Pvt Ltd & Chettinad Lignite Transport Services Pvt Ltd. Since assessee operated & maintained infrastructure facilities under valid concession agreements, deduction u/s 80IA(4) was allowable. Revenue’s appeals were dismissed.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,879

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