TaxTMI 
TaxTMI 
TaxTMI 
2024 (6) TMI 1490
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.... and therefore appellant prays that the impugned order be treated as void ab initio. 1.2 On the facts and circumstances of the case and in law, the learned Assessing Officer / DRP erred in rejecting the appellant's claim for relief under Article 8 of the DTAA entered into and subsisting between India - Germany in respect of its freight earnings of Rs. 38,81,04,429 on the premise that the earnings attributable to the carriage on feeder vessels were not eligible for the relief. 1.3 On the facts and circumstances of the case and in law, the learned Assessing Officer / ORP erred in refusing to follow the binding decision of jurisdictional Bombay High Court (HC) / Income Tax Appellate Tribunal (Hon'ble ITAT) in the Appellant's own case for AY 2005-06 to AY 2011-12, AY 2013-14, AY 2014-15, AY 2015-16, AY 2016-17, AY 2017-18 and AY 2018-19 wherein the Hon'ble HC/ Hon'ble ITAT has consistently held that freight income from transportation of cargo through feeder vessels is also eligible for benefit under Article 8 of the India-Germany DTAA. The appellant prays that the learned Assessing Officer / DRP be directed to allow relief of Rs. 38,81,04,429 under Article 8 of the India ....
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....TDS") amounting to Rs, 46,87,726 3.1 On the facts and circumstances of the case and in law, the learned Assessing Officer / DRP has erred in not granting credit for TDS to the extent of Rs. 16,87,726. The Appellant submits that considering the facts and circumstances of its case and the law prevailing on the subject it is entitled to a credit of Rs. 16,87,726 being the TDS on income charged to tax in AY 2021-22. 3.2 On the facts and circumstances of the case and in law, the learned Assessing Officer ought to have considered the fact that of the above amount of Rs. 16,87,726, the amount of TDS of Rs. 15,01,818 is even appearing in the Form 26AS of the appellant for AY 2021-22. 3.3 On the facts and circumstances of the case and in law, the learned Assessing Officer failed to appreciate that though the TDS of Rs. 1,85,907 is appearing in the Form 26AS of HLIPL, the same is claimed by the appellant since the corresponding income was offered and charged to tax in the hands of the appellant for AY 2021-22 and on which it claimed treaty benefit. 3.4 The learned Assessing Officer failed to appreciate that the similar issue of grant of TDS appearing in the Form 26AS of HLIPL is co....
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....go on vessels owned/leased/chartered/pooled by it. It was further submitted that its vessels do not call at the Indian ports on account of various reasons, such as the size of the vessels being too large to enter the Indian ports which have shallow drafts or the depth of the Indian ports is not enough for the vessels to be anchored, etc. Therefore, the assessee books space/buy slots on feeder vessels and transports cargo through such vessels. The assessee further submitted that the companies engaged in the business of operation of ships generally transport cargo by availing the slot hire facility and the slot hire agreements are directly connected and interlinked with and are an integral part of the enterprise's business of operating ships. The assessee also submitted that without availing slot hire/feeder facilities, the shipping enterprises would be unable to carry on the business of operating ships in international traffic at all in many cases. Thus, it was submitted that if the DTAA is construed to include activities directly or indirectly connected to the operation of ships, it would include slot hire/feeder vessels. The assessee placed reliance upon the decision of the Hon'bl....
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....ief as per Article 8 of the India-Germany DTAA is not available. Accordingly, the AO proposed to tax the aforesaid freight charges under section 44B of the Act @7.5% and add the same total income of the assessee. 6. The assessee filed detailed objections before the learned DRP against the addition made by the AO. Vide directions dated 26/09/2023, issued under section 144C(5) of the Act, the learned DRP placing reliance on the findings of the learned DRP rendered in the assessment years 2016-17, 2017-18, 201819 and 2020-21 on a similar issue, rejected the objections filed by the assessee on this issue, after noting that there is no substantial change in the material facts and circumstances and the submission of the assessee is also largely the same as in the preceding years. In conformity with the directions issued by the learned DRP, the AO passed the impugned final assessment order taxing the freight earned from feeder to feeder vessels and freight earned from the entire journey of feeder vessels amounting to Rs. 38,81,04,429 under section 44B of the Act @7.5% and added the same total income of the assessee. Being aggrieved, the assessee is in appeal before us. 7. During the hea....
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....- 10 also the honourable High Court following its own order for assessment year 2007 - 08 and also on the submission made by the learned counsel for the revenue that the issue stands covered, the appeal filed by the learned assessing officer was not admitted by order dated 7 January 2020. 020. Further the coordinate bench for assessment year 2006 - 07 to assessment year 2011 - 12 (except assessment year 2007 - 08) as per order dated 22/7/2016, following the order of the coordinate bench for assessment year 2007 - 08 dated 14/8/2013 allowed the claim of the assessee and dismissed appeals of the revenue. Further, for assessment year 2005 - 06 in ITA number 1776/2014 the coordinate bench wide order dated 21/9/2016 wherein the appeal was filed by the assessee was allowed as per paragraph number 7 holding that slot hire charges income is eligible for benefit as per article 8 of the treaty. Subsequently also for assessment year 2013 - 14 per order dated 31/10/2017, for assessment year 2014 - 15 per order dated 28/6/2019, for assessment year 2015 - 16 per order Dated 16/12/2019 and for assessment year 2016 - 17 per order dated 31/1/2020, the claim of the assessee for the benefit to the ....