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of <h1>Court dismisses appeal for Assessment Year 2009-10 on DTAA Article 8 issue, upholds Tribunal decision.</h1> <h3>Commissioner of Income Tax (IT) -2 Versus Hapag Lloyd AG, C/o Hapag Lloyd India Pvt. Ltd.</h3> The High Court dismissed the appeal for Assessment Year 2009-10, as the issue regarding the application of Article 8 of the DTAA on income from slot ... Slot chartering would from a part of income from operations of ships exempt under Article 8 of the DTAA - Indo-UK DTAA - HELD THAT:- This Court in Director of Income Tax (International Taxation) v/s Balaji Shipping UK Ltd. [2012 (8) TMI 681 - BOMBAY HIGH COURT] - this Court was concerned with Article 9(1) of the Indo-UK DTAA. In the present case, Article 8 of Indo-German DTAA which is similar to Article 9(1) of the Indo-UK DTAA, arises for consideration. Therefore, the impugned order allowed the Respondent-Assessee's appeal before it by following the decision of this Court in Balaji Shipping UK Ltd. [2012 (8) TMI 681 - BOMBAY HIGH COURT] Revenue very fairly states that the issue stands concluded in favour of the Respondent-Assessee by the decision of this Court in Balaji Shipping UK (supra). Issues:1. Appeal related to Assessment Year 2009-10.2. Interpretation of the order passed by the Tribunal for Assessment Year 2007-08.3. Consideration of the applicability of Article 8 of the DTAA on income from slot chartering.Analysis:1. The High Court heard the appeal concerning the Assessment Year 2009-10. The appellant's counsel referred to a previous order by the Court related to the respondent-assessee for the earlier Assessment Year.2. The Tribunal, in the impugned order, mentioned an appeal filed by the Revenue for the Assessment Year 2007-08 of the respondent-assessee. The Tribunal upheld the directions made by the DRP based on a previous Tribunal order for the same assessee. The Division Bench of the Court also considered an appeal for the Assessment Year 2007-08, where the Tribunal's decision was in favor of the respondent-assessee, following a previous Court decision related to the application of Article 9(1) of the Indo-UK DTAA. The Revenue's counsel acknowledged that the issue was settled in favor of the respondent-assessee based on the earlier Court decision.3. The Court noted that the issue regarding the application of Article 8 of the DTAA on income from slot chartering did not raise any substantial question of law and dismissed the appeal accordingly, as the matter was already settled by a previous Court decision. The Court did not entertain the appeal based on the submission that the issue was already covered by the previous decision.This detailed analysis of the judgment highlights the issues involved, the interpretation of previous orders, and the application of relevant provisions of the DTAA, leading to the dismissal of the appeal for the Assessment Year 2009-10.
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