RAM SURAT RAM (MAURYA),J. - (1.) HEARD Sri Shambhu Chopra, Senior Standing Counsel for the appellants and Sri Rakesh Ranjan Agrawal, the counsel for the respondent.
(2.) THIS appeal has been filed, under Section 260 -A of the Income Tax Act, 1961 (hereinafter referred to as the Act) from the order of the Income Tax Appellate Tribunal, Agra Bench, Agra (hereinafter referred to as the Tribunal) dated 15.04.2010, passed in Income Tax Appeal No. 685/Ag./2008 and Cross Objection No. 86/Ag./2008, by which the appeal filed by the Revenue and the cross objection filed by the respondent have been dismissed. The appellant has proposed the following substantial questions of law, said to be involved in the appeal: - "1. Whether on the facts and in the circumstances of the case, the Tribunal is justified in law in allowing the deduction u/s 80 -IB (11) of the Act by ignoring the legal aspect that the business activities of the assessee company do not fall within the meaning and scope of 'cold chain facility' as defined in Section 80 -IB (14) (aa) of the Act? 2. Whether in the facts and circumstances of the case, the Tribunal is justified in law in relying upon the earlier orders of the Tribunal in the assessee's own case itself in respect of A/Y's 2001 -02 and 2003 -04 by ignoring the fact that those orders have not been accepted by the department and the same have been challenged in appeal u/s 260 -A of the Act before the Hon'ble High Court and the controversy involved is sub -judice? The facts giving rise to the present appeal are as follows: The appeal relates to the assessment year 2004 -05. M/S Ambika Sheet Grah (P) Ltd. (the assessee) is running cold storage. The assessee, in the capacity of the company, filed Income Tax Return on 31.10.2004 showing income of Rs. 5,09,018/ -. The case was selected for scrutiny. Notice under Section 143 (2) of the Act dated 05.09.2005 was served upon the Director of the assessee on 08.09.2005. Notice under Section 142 (1) of the Act along with questionnaire was served on 17.10.2006. In compliance of the aforesaid notices, the assessee filed his reply and produced relevant documents. The assessee claimed deduction of Rs.62,31,436/ - on the income of the business under Section 80 -IB of the Act.
(3.) THE Assessing Officer by the order dated 04.12.2006 held that merely providing refrigerated storage facilities for potatoes cannot be regarded as an undertaking having 'cold chain facilities' within the meaning of Section 80 -IB of the Act as such the assessee is not entitled for deduction under Section 80 -IB of the Act. On these findings, he made addition of Rs. 67,40454/ -. The assessee filed an appeal from the aforesaid order before Commissioner Income -tax (Appeal) -I, Agra, who by order dated 28.08.2008 allowed the appeal and directed the Assessing Officer to provide benefits of Section 80 -IB of the Act to the assessee. However it has been held that charging of the interest under Section 234 -B & 234 -C of the Act was consequential. The Revenue filed an appeal before the Tribunal from the aforesaid order. In this appeal the respondent filed a cross objection. The appeal and cross objection were decided and dismissed together by judgment dated 15.04.2010.;