150. Definition of Port as Infrastructure facility for the purpose of sections 10(23G) and 80-IA

1. The Board has received various representations seeking clarification whether structures at ports for storage, loading and unloading etc. will fall under the definition of “port” for the purposes of sections 10(23G) and 80-IA of the Income-tax Act, 1961.

2. The Board has considered the matter and it has been decided that such structures will be included in the definition of “port” for the purposes of sections 10(23G) and 80-IA of the Income-tax Act, 1961, if the following conditions are fulfilled:

(a )   the concerned port authority has issued a certificate that the said structures form part of the port, and

(b )   such structures have been built under BOT or BOLT schemes and there is an agreement that the same would be transferred to the said authority on the expiry of the time stipulated in the agreement.

Circular : No. 793, dated 23-6-2000.

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