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TMI Blog2009 (12) TMI 96X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act and intimation to that effect was sent to the assessee on 31.01.1994. Consequently notice under section 143(2) of the Act was issued to the assessee posting the case for hearing. The assessee has claimed that demurrage earned is not taxable. – held that - Section 44B of the Act, which is a special provision for computing profits and gains of shipping business in the case of non-residents, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ramanian, Standing Counsel for Income Tax Department For respondent : Mr.J.Balakrishnan, for Mr.S.Sridhar JUDGMENT (Judgment of the Court was delivered by K.RAVIRAJA PANDIAN, J.) The revenue is on appeal against the order of the Income Tax Appellate Tribunal dated 17.07.2003 made in ITA No.872/Mds/1996 relating to the assessment year 1993-94. 2. The appeal was admitted on the followi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er years, but that has not been accepted by the department on the ground that the reference application has been taken out to the High Court and is pending finalisation and as such the demurrage earned is included in freight earnings and assessment was made. The Commissioner of Income Tax (Appeals), on appeal has accepted the stand of the assessee and deleted the demurrage charges. The revenue car ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lanation that was added by the Finance Act, 1997 with effect from April 1, 1976, expressly provides that demurrage charges or handling charges or any other amount of similar nature shall be regarded as the part of the amount paid or payable to the person engaged in the business of operation of ships on account of the carriage of passengers, livestock, mail or goods shipped at any port in India." ..... X X X X Extracts X X X X X X X X Extracts X X X X
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