2012 (12) TMI 1150

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..../Shri Porus Kaka & Divesh Chawla For the Respondent: Shri Mahesh Kumar   ORDER Per R.S.Syal, AM : These two cross appeals - one by the assessee and the other by the Revenue - arise out of the order passed by the Commissioner of Income-tax (Appeals) on 23.08.2010 in relation to assessment year 2005-2006. 2. The only ground raised by the Revenue in its appeal is against the di....

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.... of the Act as well as Article 13(4) of the DTAA. The learned CIT(A), following the order passed by the Tribunal in assessee's own case for the preceding year, held the amount as profit derived from operation of ships in international traffic and hence not taxable in India as per Article 9(1) of DTAA. 4. After considering the rival submissions and perusing the relevant material on record, we fi....

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....tion, which was treated as income from operation of ships under Article 9(4)(a) of the India-Denmark DTAA and hence immune from taxation. The Assessing Officer held such amount to be falling under Article 12(6) of the DTAA. The learned CIT(A) upheld the assessment order on this point. 7. After considering the rival submissions and perusing the relevant material on record, we find that this issu....