Whether in cases where no tax is payable in India, the Assessing Officer shall be competent to issue an annual ‘No Objection Certificate’, valid for a year, in respect of taxation of shipping profits under section 172, after carefully verifying applicability of relevant provisions concerning taxation of shipping profits in double taxation agreement with country of which owner or charterer is resident
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No Objection Certificate for shipping profits enables annual exemption where DTAA assigns taxation to the owner's residence, subject to verification. The Board permits the Assessing Officer to issue an annual No Objection Certificate, valid for one year, when a DTAA assigns taxation of shipping profits to the country of residence so that no tax is payable in India; the AO must verify DTAA applicability, ensure the enterprise is engaged exclusively in international traffic as defined in the DTAA, and obtain an undertaking that none of its ships will operate in non-international traffic during the NOC period.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
No Objection Certificate for shipping profits enables annual exemption where DTAA assigns taxation to the owner's residence, subject to verification.
The Board permits the Assessing Officer to issue an annual No Objection Certificate, valid for one year, when a DTAA assigns taxation of shipping profits to the country of residence so that no tax is payable in India; the AO must verify DTAA applicability, ensure the enterprise is engaged exclusively in international traffic as defined in the DTAA, and obtain an undertaking that none of its ships will operate in non-international traffic during the NOC period.
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