TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Tribunal requires 'valid certificate' for slot charter ships under Chapter XII-G. No interference in income computation.</h1> <h3>M/s TRANS ASIAN SHIPPING SERVICES (P) LTD Versus DEPUTY COMMISSIONER OF INCOME TAX</h3> M/s TRANS ASIAN SHIPPING SERVICES (P) LTD Versus DEPUTY COMMISSIONER OF INCOME TAX - TMI Issues Involved:1. Entitlement to the benefit of presumptive taxation under Chapter XII-G for ships chartered under 'slot charter' arrangement.2. Requirement to produce a 'valid certificate' for ships chartered under 'slot charter' arrangement.3. Submission of separate profit and loss account by the assessee.Issue-wise Detailed Analysis:1. Entitlement to the Benefit of Presumptive Taxation Under Chapter XII-G:The core issue is whether the assessee is entitled to the benefit of presumptive taxation under Chapter XII-G of the Income Tax Act for ships chartered under a 'slot charter' arrangement. The assessee argued that the 'valid certificate' requirement applies only to its own ships and fully hired ships, not to ships chartered under a slot charter arrangement. The Assessing Officer (AO) and the Commissioner of Income Tax (Appeals) [CIT(A)] disagreed, denying the benefit for slot charter income and estimating the income based on the figures reported in the Profit and Loss account.2. Requirement to Produce a 'Valid Certificate':The tribunal examined whether the assessee must produce a 'valid certificate' for ships chartered under a 'slot charter' arrangement. According to Section 115VX(1)(b) of the Act, a 'valid certificate' indicating the ship's net tonnage is mandatory for availing the benefit of Chapter XII-G. The tribunal concluded that the benefit of Chapter XII-G can only be availed by a 'tonnage tax company' in respect of the business of operating 'qualifying ships.' Therefore, it is necessary to show that ships chartered under 'slot charter' arrangements are also 'qualifying ships' by producing a 'valid certificate.' The tribunal emphasized that the basic condition that the ship should be a 'qualifying ship' is not diluted in the scheme of 'deemed tonnage.'3. Submission of Separate Profit and Loss Account:The AO contended that the assessee failed to submit a separate profit and loss account, leading to the estimation of income. The assessee argued that it had submitted the required account. The tribunal noted that the AO computed the income from the figures reported in the Profit and Loss account, indicating no necessity for income estimation. However, the assessee did not point out any mistakes in the AO's computations for both years. In the absence of any material warranting interference, the tribunal declined to interfere with the AO's order on this issue.Conclusion:The tribunal upheld the CIT(A)'s decision, agreeing that the assessee must produce a 'valid certificate' for ships chartered under 'slot charter' arrangements to avail the benefit of Chapter XII-G. Additionally, the tribunal found no grounds to interfere with the AO's computation of income due to the lack of a separate profit and loss account. Consequently, both appeals of the assessee were dismissed.
TaxTMI 