2014 (1) TMI 653

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....0 Mumbai on 13/07/2011 in relation to the assessment year 2008-09. 2. The first ground is against the direction of the ld CIT (A) that income of Rs.8,98,81,469 is not taxable. Briefly stated the facts of the case are that the assessee is a tax resident of Netherlands engaged in the business of transportation of computerized cargo. An income of Rs.8.98 crores was earned by the assessee from its In....

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....ear relevant to the assessment year under consideration and M/s. Samsara Shipping (P) Ltd (Samsara) were appointed as commercial agent in India. It was claimed that both the Patvolk and Samsara were independent entities rendering similar services to several principals besides the assessee. Since Samsara was an 'Independent agent', the assessee claimed that it did not constitute a PE in India and r....

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....ble to tax at the estimated rate of 7.5%. 3. The ld CIT (A) upheld the assessment order in so far as relief under Article 8A is concerned. However, the second aspect of the assessment order, being the assessee having a PE in India and resultantly the income becoming taxable, was decided in favour of the assessee by holding that M/s Samsara Shipping (P) Ltd was an agent of independent status and h....

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....-04 and 2004-05 has restored the matter to the file of the AO for fresh consideration in conformity with the view taken by the Tribunal for AY 2002-03. As there is no difference in the facts and circumstances for the year under consideration vis-à-vis the earlier years which have been decided by the Tribunal, respectfully following the precedents, we set aside the impugned order on this iss....