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Supreme Court of India 2018-04-24 dismissed

Commissioner of Income Tax, Delhi-1 vs Container Corporation of India Ltd

Bench: 2 — R.K. Agrawal

In Brief

Container Corporation of India Ltd., a government company operating Inland Container Depots (ICDs), claimed income tax deductions under Section 80-IA of the Income Tax Act, 1961 for assessment years 2003-04 to 2005-06. The tax authorities rejected the claim, arguing ICDs did not qualify as 'Inland Ports.' The Supreme Court held that once the CBDT had validly notified ICDs as infrastructure facilities before the 2001 amendment, the 10-year exemption benefit could not be denied retroactively. The Court concluded ICDs qualify as 'Inland Ports' based on their customs clearance functions, and the earlier notification remained valid despite the subsequent amendment withdrawing CBDT's notifying power.

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Income Tax Law Tax Deductions Infrastructure Facilities Customs and Excise Finance Act Amendments

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