2010 (9) TMI 938

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.... T.S.Ajai, the learned representative for the assessee submitted that the assessee is engaged in the business of operation and maintenance of port and ships. Assessee entered into an agreement on 1.5.2003 with M/s. Ennore Port Ltd. for rendering various services. A copy of the agreement is available at page 1 of the paper book field by the assessee. According to this agreement, assessee has to maintain the M/s. Ennore Port Ltd.. Before the agreement dated 1.5.2003, a similar agreement was entered into between M/s. Ennore Port Ltd. and M/s. Ocean Sparkle Limited for operation and maintenance of Ennore Port and ships on the same terms and conditions. This Tribunal after considering the agreement entered into between M/s. Ocean Sparkle Limited....

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....mental Representative pointed out that the assessee entered into an agreement to provide certain crafts to be used in the operation and maintenance of the port. According to the learned Departmental Representative, the assessee's agreement is only a chartered party agreement with M/s. Ennore Port Ltd. Therefore, the assessee, at best, may be entitled for certain rent. The responsibility of the assessee is restricted to the operation and maintenance of its own vessel/craft. Even though the operation of the vessel/craft may be essential for the operation of the port, it does not, however, amount to maintenance of the port itself. Therefore, according to the learned Departmental Representative, assessee is not entitled to any deduction under S....