R.V. EASWAR, J.

These are three appeals filed by the assessee under Section 260A of the Income Tax Act, 1961, which is hereinafter referred to as the Act. On 28th November, 2011, we framed the following common substantial question of law:-

“Whether the Income Tax Appellate Tribunal is right in law in holding that the appellant-assessee is not entitled to deduction under Section 80-IA of the Income Tax Act, 1961 as the activities undertaken by the appellant do not fall within Clause(d) of the Explanation defining the term infrastructure facilities?”

2. The appeals involve a short question regarding the entitlement of the assessee to the deduction under Section 80-IA(4) of the Act. We are concerned with the assessment years 2003-04 to 2005-06. The assessee is a public sector undertaking, registered as a company under Section 617 of the Companies Act, 1956 and is functioning under the direct administrative control of the Ministry of Railways. It is engaged in the business of handling and transportation of containarised cargo. The activity of the assessee is carried out mainly on its Inland Container Depots (ICDs), Central Freight Stations (CFSs) and Port Container Termin