Section 80IA of Income Tax Act, 1961— The only issue involved in this appeal is whether assessee engaged in the business of operation of CFS is eligible for claiming deduction u/sec. 80IA (4) or not.

CIT(A) directed the Assessing Officer to allow the deduction claimed by the assessee u/sec. 80IA(4).

According to AO, the assessee is not within the premises of the port and therefore not eligible for deduction u/sec. 80IA (4) of the Act.

The assessee has relied on the judgment of the Hon'ble Supreme Court in the case of Container Corporation of India (supra) wherein inland container depots are inland ports subject to provisions of section 80IA and deduction can be claimed for income earned out of these depots.

Held that— following the decision of the coordinate bench of the tribunal in assessee's own case for the A.Ys. 2011-12 & 2013-14 and also by following the judgment of the Hon'ble Supreme Court in the case of Container Corporation of India Ltd. (supra), we find no infirmity in the order passed by the ld. CIT(A).[ACIT, CIRCLE-3 (1) , VISAKHAPATNAM. VERSUS M/S. GATEWAY EAST INDIA PVT. LTD.][2019] 17 ITCD Online (3) [ITAT VISAKHAPATNAM]