2014 (7) TMI 725 - HC - Income Tax

Interpretation of Article 8 of Indo-Belgium DTAA Income from inland Haulage Charges - Whether the tax treaty between India and Belgium includes within its Ambit the activity of Inland Transport of Cargo from various places within India Held that - The Assessee collected Inland Haulage Charges from it s customers in respect of transportation of goods from Inland Container Depots (ICDs) to the Port where the goods were loaded in the ships for international traffic - assessee had received Inland Haulage Charges from its clients and the same were included in receipts under the head permanent handling charges - Assessee claimed that Inland Haulage Charges are part of its shipping business and are in the nature of handling charges and are therefore covered by phrase any other amount of similar nature mentioned in the explanation to section 44B of the Act. Such charges were part of the shipping business of the Assessee, they were therefore eligible for DIT relief, was the submission of the Assessee - The decision in Director of Income-tax (International Taxation) Versus Balaji Shipping UK Ltd. 2012 (8) TMI 681 - BOMBAY HIGH COURT followed no substantial question of law arises for consideration Decided against Revenue.

Issues Involved:
1. Taxability of Inland Haulage Charges under the Double Tax Avoidance Agreement (DTAA) between India and Belgium.
2. Interpretation of Article 8 of the DTAA concerning income from the operation of ships in international traffic.
3. Applicability of Section 44B of the Income Tax Act to Inland Haulage Charges.

Detailed Analysis:

1. Taxability of Inland Haulage Charges under the DTAA:
The primary issue in this case revolves around whether the Inland Haulage Charges collected by the Assessee for transporting goods from Inland Container Depots (ICDs) to ports for international shipping are taxable in India. The Assessing Officer argued that these charges are not directly connected to the international operation of ships and thus should be taxed as business profits in India. However, both the CIT (Appeals) and the ITAT disagreed, holding that these charges are part of the income derived from the operation of ships and are covered under Article 8 of the DTAA between India and Belgium, and therefore, not taxable in India.

2. Interpretation of Article 8 of the DTAA:
Article 8 of the DTAA between India and Belgium states that income derived from the operation of ships in international traffic is not taxable in India. The CIT (Appeals) examined the factual matrix and concluded that the Inland Haulage Charges were part of the freight collected for international traffic, thus falling under Article 8. This interpretation was upheld by the ITAT, which noted that similar issues had been decided in favor of the Assessee in previous assessment years (2001-02, 2003-04, and 2005-06). The High Court also referred to a previous ruling in the case of Balaji Shipping UK Ltd., which supported the view that income from slot hires and similar charges falls within the ambit of Article 9 (similar to Article 8 in the current DTAA) and is not taxable in India.

3. Applicability of Section 44B of the Income Tax Act:
The Assessing Officer initially held that the Inland Haulage Charges did not fall within the purview of Section 44B of the Income Tax Act, which deals with the taxation of income from shipping business. The Assessee argued that these charges are part of its shipping business and should be treated as "handling charges" under Section 44B. The CIT (Appeals) agreed with the Assessee, stating that the charges were part of the income from the operation of ships and thus eligible for relief under the DTAA. The ITAT upheld this view, noting that the issue had been consistently decided in favor of the Assessee in previous years.

Conclusion:
The High Court dismissed the appeal by the Revenue, affirming the decisions of the CIT (Appeals) and the ITAT. The Court held that the Inland Haulage Charges collected by the Assessee were indeed part of the income derived from the operation of ships in international traffic and were covered under Article 8 of the DTAA between India and Belgium. Consequently, these charges were not taxable in India. The Court also found no substantial question of law arising from the appeal, thereby upholding the interpretation that such charges fall within the scope of the DTAA and are exempt from taxation in India.

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