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TMI Blog2013 (8) TMI 1112X X X X Extracts X X X X X X X X Extracts X X X X ..... s voyage final returns u/s. 172(3) of the Act on various dates during the Financial Year 2009-10 relevant to Assessment Year 2010-11 for the freight beneficiary of M/s. Hapag Llyod AG, Germany without paying freight tax. All the voyage returns filed for the aforesaid period being similar, the Assessing Officer accordingly passed an order u/s. 172(4) wherein he worked out the income and tax payable as under:- 2. On appeal before the ld CIT(A), the assessee contented that Principal namely M/s. Hapag-Lloyd AG, Germany had filed return of income u/s. 139 of the Act and hence the order passed u/s. 172(4) of the Act ought to be quashed. The ld. CIT(A) forwarded this plea to the file of the Assessing Officer for his comments. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of ships or it has neither owned nor chartered the said vessels for which agreement for slot charter is signed, in which the goods have been transported. III. It is, therefore, prayed that the order of the ld. CIT(A) may be cancelled and that of the Assessing Officer be restored to the above extent. IV. The appellant craves leave to add/alter/modify/delete any of the grounds of appeal at the time of hearing. 3. The assessee has also filed the Cross-objections on the following grounds:- On the facts and in the circumstances of the case, the Learned Income-tax Officer (International Taxation)- 1. Erred in objecting the order of the Hon'ble Commissioner of Income-tax, (Appeals), Gandhinagar [CIT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Without prejudice to the above grounds, the respondent craves that the learned AO erred in relying on the ruling of the Mumbai tax tribunal in case of DDIT vs Cia De Navegacao Norsul (2009) 27 SOT 316 (Mum), without appreciating the fact that the said ruling was rendered in the context of India-Brazil tax treaty, which defines the term 'operating of ships in international traffic'. 5. Without prejudice to the above grounds, the respondent craves that the learned AO erred in holding that the agreement entered into with various shipping lines viz APL, CMA, CGM, NYK, OOCL, MISC, Wanhai, Hyundai Merchant, etc. are not pool agreement. 6. Without prejudice to the above grounds, the respondent craves that the learned AO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the order u/s. 172(4) computing tax payable at ₹ 28,19,951/-. As against this, Shri Dhinal Shah, CA appeared on behalf of the assessee, pointed out that the plea raised before the ld CIT(A) was legal one. The ld CIT(A) called for remand report, admitted the legal issue raised before him and thereafter annulled the assessment. The view taken by the ld. CIT(A) is fair and reasonable and similar view has been taken by the ITAT, Rajkot Bench in the following two cases:- i) ITO v. Albatross Shipping Ltd. - IT Appeal No. 28/Rjt/2012 ii) ITO v. CMA CGM Agencies (India) (P) Ltd. - 2012 26 Taxmann.com 121 (Rajkot) To sum up, the Counsel of the assessee pointed out that since the view taken by the ld CIT(A) is in co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the provisions of section 172(7) of the Act. The jurisdictional Assessing Officer may, therefore, verify the position and take such action as may be warranted in law in terms of section 172(7) to ensure that the income of the assessee from the voyages does not escape assessment as per normal provisions of the Act. 6. In view of the foregoing, the appeal of the Revenue is dismissed subject to the observations made above. 7. Since we have dismissed the appeal of the Revenue and the cross-objections filed by the assessee is in support of the ld CIT(A)'s order, therefore the cross-objections of the assessee becomes infructuous and we dismiss it as infructuous. In the result, the appeal of the Revenue and the Cross-objectio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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