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Issues Involved:
1. Applicability of Section 44BBA. 2. Entitlement to exemption under Section 10(15A). 3. Income accrual under Section 5 versus Section 9. 4. Quantum estimate of income at 29.7% of gross receipts. Issue-wise Detailed Analysis: 1. Applicability of Section 44BBA: The primary issue was whether the assessee's operations qualified as "business of operation of aircraft" under Section 44BBA. The assessee argued that it was engaged in the business of operating aircraft, as it provided aircraft with crew, maintenance, and insurance under a wet lease agreement with Air India. The assessee contended that this arrangement should be taxed under Section 44BBA, which pertains to non-residents engaged in the business of operating aircraft. However, the tribunal concluded that the assessee was merely leasing out aircraft to Air India and not engaged in the business of operating aircraft. The tribunal emphasized that the responsibilities undertaken by the assessee, such as maintenance and providing crew, were inherent to the nature of leasing aircraft and did not transform the lease into an operation of aircraft business. Consequently, the tribunal held that the income of the assessee could not be taxed under Section 44BBA. 2. Entitlement to Exemption under Section 10(15A): The assessee claimed an exemption under Section 10(15A), which provides tax exemption for lease rentals paid by an Indian company to a foreign enterprise for acquiring an aircraft on lease. However, this ground was not pressed during the hearing, and the tribunal noted that the assessee had not satisfied the essential conditions for this exemption. Therefore, the tribunal did not discuss this issue in detail and dismissed the claim for exemption under Section 10(15A). 3. Income Accrual under Section 5 versus Section 9: The assessee contended that only the proportionate income attributable to operations carried out in India should be taxed, as per Section 9(1)(i). The assessee argued that its income should be assessed based on the operations conducted in India and not the entire income from the lease agreement. The tribunal, however, held that the entire income arising from the wet lease agreement accrued in India due to the business connection with Air India. The tribunal reasoned that the basis of earning revenue in India was the business connection with Air India, and hence, the entire payment made by Air India was considered for computing taxable income. 4. Quantum Estimate of Income at 29.7% of Gross Receipts: The assessee challenged the quantum estimate of income at 29.7% of gross receipts, arguing that it was erroneous and arbitrary. The tribunal noted that the assessee had not maintained or produced books of account or other particulars before the assessing authority. Therefore, the assessing authority relied on the Arbitration Award of the International Arbitration Tribunal, which estimated the income at 29.7%. The tribunal found this estimation to be based on undisputable evidentiary value and held that the assessing authority's estimate was neither erroneous nor arbitrary. Conclusion: The tribunal dismissed the appeals filed by the assessee, upholding the decisions of the lower authorities. The tribunal concluded that the assessee was not engaged in the business of operating aircraft under Section 44BBA, was not entitled to exemption under Section 10(15A), and that the entire income from the lease agreement accrued in India. The tribunal also upheld the quantum estimate of income at 29.7% of gross receipts based on the Arbitration Award.
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