2016 (7) TMI 1377

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....T MEMBER AND SHRI AMARJIT SINGH, JUDICIAL MEMBER Appellant by : Shri Jasbir S. Chouhan Respondent by : Shri Nishant Thakkar ORDER PER G.S.PANNU,A.M: The captioned five appeals by the Revenue are directed against a common order of the DRP-1 pertaining to assessment years 2006-07, 2008-09, 2009-10, 2010-11 and 2011-12, in terms of which separate orders have been passed by the Assessin....

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....the fact that the Revenue had filed appeal in High Court against the order of Tribunal's order in the case of the assessee for AY 2007-08 (i ITA No.8854/Mum/2010)." 3. Briefly put, the relevant facts are that the respondent assessee is a foreign shipping company which is a tax resident of Germany. It is in the business of operation of ships and it transports cargo from/to ports in India. For th....

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....ear 2006-07, the assessee-company claimed that the entire income in India comprised of profits derived from operation of ships in international traffic and such income was not taxable in India in India in terms of Article-8 of the Double Taxation Avoidance Agreement (DTAA) between India and Germany. It was further asserted that such income was taxable in Germany only i.e. where the place of effect....

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....vessels obtained by the assessee by slot hire arrangements. In view of the aforesaid decision of the Tribunal dated 14/08/2013, the DRP directed the Assessing Officer to apply the decision of the Tribunal in the captioned assessment years as well while completing the final assessment. The Revenue has challenged the aforesaid directions of the DRP in the present appeal. 4. Ostensibly, the direct....