9911796707
TMI Blog2013 (11) TMI 902X X X X Extracts X X X X X X X X Extracts X X X X ..... p; 1. erred in not following the decision of the Hon'ble ITAT for "NO BUSINESS CONNECTION EXIST IN INDIA" in Appellant Company, Star Cruise Management Limited (hereinafter called SCML)'s own case in ITA No 4973/Mum12005 & 6497/Mum/ 2006 (Asst Year 2001-02 and 2002-03) 2. erred in not appreciating the fact that SCML is operating outside India and has not received nor deemed to have received any income in India, the question of accrual of income or taxability in India does not arise and therefore, consequentially, there is no question of liability to tax; 3. erred in treating Star Cruises India Travel Services Pvt. Ltd. (hereinafter called ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the operations carried out in India @ 5% of cruise collection remitted from India. 2.1 Assessee had filed its return of income on 18-10-2007 declaring total income at Rs. NIL. Initially the return was processed u/s. 143(1) of the Income Tax Act, 1961 (Act). Later on the case was selected for scrutiny and assessment was finalised on 06-10-2010 by the AO u/s. 144C(1) r.w.s. 143(3) of the Act as per the directions of the DRP-II, Mumbai, determining the total income of the assessee at Rs. 3.05 Crores. 2.2 As per the AO, assessee-company was registered in Isle of Man and there was no Double Tax Avoidance Agreement with that country. After considering the submissions of the assessee and the directions issued by the DRP-II, Mumbai, AO referred t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AR. that similar issue has been considered by the Tribunal in assessee's own case for assessment year 2005-06, copy placed at pages 4 to 7 of PB and the Tribunal vide order dated 23.12.2010 dismissed the revenue's appeal. We observe that the Tribunal again followed the said order in the appeal filed by department for assessment year 2006-07 and vide its order dated 5.8.2011 dismissed the appeal of the department (supra) stating that both the sides are in agreement that the facts and circumstances of the appeal under consideration are mutatis mutandis similar to those already considered and decided by the Tribunal. Respectfully following the earlier orders of the Tribunal (supra) and considering the submissions of ld. representatives of part ..... X X X X Extracts X X X X X X X X Extracts X X X X
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