Pr. Commissioner of Income-tax v. Ameya Logistics Pvt. Ltd
[Citation -2019-LL-1014-84]
| Citation | 2019-LL-1014-84 |
|---|---|
| Appellant Name | Pr. Commissioner of Income-tax |
| Respondent Name | Ameya Logistics Pvt. Ltd. |
| Court | HIGH COURT OF BOMBAY |
| Relevant Act | Income-tax |
| Date of Order | 14/10/2019 |
| Assessment Year | 2011-12 |
| Judgment | View Judgment |
| Keyword Tags | infrastructure facility |
| Bot Summary: | This appeal under Section 260A of the Income Tax Act,1961 challenges the order dated 4 th August, 2016 passed by the Income Tax Appellate Tribunal, Mumbai. Mr. Suresh Kumar, learned counsel for the Revenue urges the following question of law for our consideration :- Whether on the facts and in the circumstances of the case and in law, the Tribunal was right in holding that the assessee is entitled for deduction under section 80IA of the Income Tax Act, 1961 even though activities undertaken by the assessee do not fall within Clause of the Explanation to section 80IA(4) defining the term Infrastructure facility 1 of 2 ::: Uploaded on - 17/10/2019 ::: Downloaded on - 18/10/2019 17:20:16 ::: Uday S. Jagtap 940-17-ITXA-97.doc 3. It is an undisputed position that the issue herein stands concluded against the Revenue and in favour of the Respondent- assessee by the decision of this Court in Commissioner of Income-tax- II, Thane Vs. Continental Warehousing Corporation Ltd. 68 taxmann.com 78 and by Apex Court in the case of Commissioner of Income Tax, Delhi-1 Vs. Container Corporation of India Ltd. 404 ITR 397. In the above view, the question as proposed does not give rise to any substantial question of law. |