9911796707
TMI Blog2019 (7) TMI 123X X X X Extracts X X X X X X X X Extracts X X X X ..... decision of the Tribunal. In fact, the Assessing Officer as well as learned DRP have not disputed the aforesaid factual position. Thus, as per the decision of the Co ordinate Bench and the Hon'ble Jurisdictional High Court in assessee s own case, as referred to above, the issue raised in these grounds stand decided in favour of the assessee. Therefore, respectfully following the same, we delete the addition made by the AO. - Decided in favour of assessee. - ITA no.7331/Mum./2017 - - - Dated:- 28-6-2019 - Shri Saktijit Dey, Judicial Member And Shri G. Manjunatha, Accountant Member For the Assessee : Shri Nishant Thakkara/w Ms. Jasmin Amalsadvala For the Revenue : Shri K.L. Kanak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... els of the assessee. In course of assessment proceedings, the Assessing Officer called upon the assessee to explain why freight earned by it from the feeder vessels which are neither owned, chartered or leased by it should not be brought to tax as it does not come within the ambit of Article 8 of the India Germany Double Taxation Avoidance Agreement (DTAA). Further, he called upon the assessee to clarify whether it had a Permanent Establishment (PE) in India. In response to the query raised by the Assessing Officer, the assessee made elaborate submissions stating that as per Article 8(1) of the India-Germany Tax Treaty, profits from operation of ships and aircrafts in international traffic shall be taxable only in the contracting State in w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsel for the assessee submitted, the issue has been consistently decided in favour of the assessee by the Tribunal right from the assessment year 2005 06 onwards. In this context, he drew our attention to the orders passed by the Tribunal in assessment years 2005 06, 2006 07 to 2011 12, 2007 08 and 2013 14. The learned Counsel submitted, the Tribunal s decision in assessment year 2007 08 was also upheld by the Hon'ble Jurisdictional High Court. Thus, he submitted, the issue is squarely covered in favour of the assessee. 7. Shri K. L. Kanak, the learned Departmental Representative, though, agreed that the issue has been decided in favour of the assessee in preceding assessment years, however, he relied upon the observati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 08 holding that the freight income from feeder vessels is exempt from tax in India under Article 8 of the India-Germany Tax Treaty was challenged by the Revenue before the Hon'ble Jurisdictional High Court. However, the Hon'ble Jurisdictional High Court while deciding Revenue s appeal in ITA No.602/2014, vide order dated 28th September 2016, upheld the decision of the Tribunal. In fact, the Assessing Officer as well as learned DRP have not disputed the aforesaid factual position. Thus, as per the decision of the Co ordinate Bench and the Hon'ble Jurisdictional High Court in assessee s own case, as referred to above, the issue raised in these grounds stand decided in favour of the assessee. Therefore, respectfully following the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
