GATEWAY TERMINALS INDIA PVT LTD. GTI HOUSE vs INCOME TAX APPELLANT TRIBUNAL AND ORS

Judgment text excerpt

sr.1 & 2-itxa-1139-2021.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY TRUSHA TUSHAR MOHITE ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by TRUSHA TUSHAR MOHITE Date: 2025.08.26 INCOME TAX APPEAL NO. 1139 OF 2021 14:31:49 +0530 Gateway Terminals India Pvt. Ltd. .. Appellant Versus Deputy Commissioner of Income-tax, Raigad .. Respondent WITH CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4963 OF 2021 Gateway Terminals India Pvt. Ltd. .. Petitioner Versus Income Tax Appellate Tribunal, Mumbai & Ors. .. Respondents P. F. Kaka, Senior Adv. a/w Adv. Manish Kanth i/b. Adv. Atul K. Jasani for the Appellant/Petitioner. Adv. Akhileshwar Sharma for the Respondents. CORAM: B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ. RESERVED ON : JULY 1 , 2025 PRONOUNCED ON : AUGUST 26, 2025 Page 1 of 63 AUGUST 26, 2025 Mansi shelke sr.1 & 2-itxa-1139-2021.doc JUDGEMENT (per Firdosh P. Pooniwalla, J.) 1. The Appellant/ Petitioner is a Joint Venture Company of APM Terminals Mauritius Limited and Container Corporation of India Limited (a Government undertaking).The Appellant/Petitioner will hereinafter in this order be referred to as the Appellant. 2. The Appellant has filed the present Appeal challenging the Order dated 28th May, 2020 passed by the Income Tax Appellate Tribunal ( hereafter referred to as the “ the ITAT”) Bench – “G” Mumbai in ITA No. 300/Mum/2018 for the Assessment Year (A. Y.) 2012-13, wherein the ITAT has inter alia rejected the claim of the Appellant for deduction of interest under Section 80IA of the Income Tax Act, 1961 (herein after referred to as “ the IT Act”). 3. The Appellant filed a Miscellaneous Application against the said Order dated 28th May, 2020, submitting that the Order contained grave errors of both facts and law. By an Order dated 27 th April, 2021,