IN HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE BALMER LAWRIE AND CO. LTD. Versus COMMISSIONER OF INCOME TAX, RANGE 5, KOLKATA BEFORE: Hon'ble JUSTICE I. P. MUKERJI Hon'ble JUSTICE MD. NIZAMUDDIN Date : 16th July, 2019. Appearance: Mr. Ananda Sen, Adv. Mr. V. Tibrewal, Adv . Mr. Siddhartha Das, Adv. Mr. P.K. Bhowmick, Adv. Court: Mr. Sen, learned advocate for appellant, tries to contend that provided undertaking or any enterprise carries on principal business of developing, operating or maintaining infrastructure facility, etc., entire profit and gains from that business is deductible, under Section 80-IA(1) of Income Tax Act, 1961. In our opinion that is not so. Section 80-IA(1) specifically provides for inclusion of profits and gains from business specifically mentioned in sub-section (4), as deductible from income. Therefore, other businesses may also be carried out by assessee, which is contemplated in Section 80-IA(1). In order to claim this deduction profit and gains must arise from infrastructure related activities described in sub-section (4). Here, deduction claimed arises out of auction of cargo. This is certainly not business referred to in sub-section (4). learned tribunal has taken very plausible view of matter. 2 We are of view that no substantial question of law is involved in this appeal. appeal (ITA 77 of 2019) and connected stay application (GA 130 of 2019) are dismissed. (I. P. MUKERJI, J.) (MD. NIZAMUDDIN, J.) cs. Balmer Lawrie And Co. Ltd v. Commissioner of Income-tax, Range-5, Kolkata