Dismissing the appeal of the revenue the court held that the finding of fact by the Tribunal that the assessee was already engaged in port related activities and had also carried out constructions in ports and that the submission of tender for a build, operate and transfer project for the Vishakhapatnam port was a related activity was correct. The project did not take off and broke down when the Government of India cancelled the tender. On the facts, there was no enduring benefit obtained by the assessee.