Case Law Details
PCIT Vs Maharashtra State Warehousing Corporation (Bombay High Court)
The assessee is a State Government undertaking which had set up an Inland Container Depot (ICD) and Container Freight Station (CFS) in the vicinity of Jawaharlal Nehru Port Trust (JNPT). In its return of income, the assessee claimed a deduction in terms of section 80IA(4) of the Act.
The Assessing Officer, however, denied the benefit on the ground that the assessee had failed to furnish a certificate from the concerned Port Authority certifying that the structure was a part of the Port, which it considered mandatory in view of the Board’s notification dated 23rd June 2000 followed by Circular No.10 of 2005 dated 16th December 2005.
The Tribunal, in reference to the assessment year 2009-10, allowed the appeal of the assessee by placing reliance upon the judgment in the case of Assistant Commissioner of Income-tax Vs. JWC Logistics Park P. Ltd.. Bombay High Court upoheld the view of ITAT in the case of Commissioner of Income Tax Vs. Continental Warehousing Corporation.
Since a view has already been taken in Continental Warehousing Corporation (Supra) on the same issue and since there is no change in either the facts or the law, we are of the opinion that the questions proposed do not given rise to any substantial question of law.
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