2015 (9) TMI 859 - SCH - Income Tax

Supreme Court grants leave in tax treaty interpretation case, distinguishing from prior rulings. High Court decision based on different treaty leads to further examination.

The Supreme Court granted leave in a tax treaty interpretation case, differentiating it from a prior case. The High Court's decision was based on another ... Income from inland transportation of cargo within India - HC decided issue in favour of assessee [2015 (8) TMI 1018 - BOMBAY HIGH COURT] as relying on DIT v. Balaji Shipping UK Ltd. [2012 (8) TMI 681 - BOMBAY HIGH COURT] wherein held that income from utilizing slot hire facilities as availing of in these cases would fall within Article 9(1) for slot hires have a closer nexus, connection and relationship to the actual operation of ships - Revenue has challenged Balaji Shipping U.K. Ltd. case in this court [2013 (10) TMI 1349 - SUPREME COURT] in which leave has been granted Held that:- Since the High Court has based its decision on Balaji Shipping U.K. Ltd., the distinction drawn by the learned senior counsel for the assessee,that the relevant article in the Belgium Treaty, which is under consideration in the present special leave petitions, is a little distinct from the Indo-U.K. Treaty which was under consideration in Balaji Shipping U.K. Ltd. can only be examined at the time of hearing of the matters.Leave granted. The Supreme Court granted leave in a case involving interpretation of a tax treaty article, distinguishing it from a previous case. The High Court's decision was based on a different treaty, and the matter will be examined further during the hearing. Civil Appeal No. 9504 of 2013 is connected to this case.