2016 (12) TMI 1192

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....eration : (I) "Whether, on the facts and in the circumstances of the case and in law, the Tribunal was right in holding that the income of the assessee by way of slot chartering would from a part of income from operations of ships exempt under Article 9 of the DTAA without properly appreciating the facts of the case?" (II) "Whether, on the facts and in the circumstances of the case and in law, the Tribunal was right in holding that the income from use of "Maersknet' can be classified as income arising out of shipping business when rendering of such services was neither binding nor compulsory and essential for completing any leg of shipment to warrant of its being a shipping activity?" (III) "Whether, on the facts and in the cir....

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....e held that the earnings in respect of the four cases, were attributable to operation of ships in international traffic. It held that this income was on account of use, maintenance or rental of containers from the operations of its feeder vessels. The Tribunal held that the aforesaid activity in any event had a nexus with its shipping business. Therefore following the decision of this Court in DDIT vs. Balaji Shipping UK Ltd. 253 CTR page 460 it held that the receipts in respect of the four cases would fall within the provisions of Article 9 of the India Denmark DTAA. Thus, allowed the appeal of the respondentassessee. (c) The grievance of the Revenue before us is that in the absence of evidence in respect of the four cases being availab....