9911796707
TMI Blog2025 (4) TMI 144X X X X Extracts X X X X X X X X Extracts X X X X ..... e Act'). 2. Heard both the parties. Case files perused. 3. The assessee pleads the following substantive grounds in the instant appeal: 1. On the facts of the case and in law, the learned Assessing Officer erred in making, and the learned DRP has erred in confirming, the impugned addition of Rs 3,57,37,678, received by the assessee on account of Delivery Order Charges as an integral part of the consideration for air transportation of cargo. to the income returned by the assessee. 2. On the facts of the case and in law, the learned Assessing Officer erred in misconstruing the nature of the receipt of Rs 3,57,37,678 on account of Delivery Order Charges received, and the learned DRP has erred in confirming the said misconstruction, and, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Resolution Panel erred in confirming the said action of the Assessing Officer. 5. On the facts of the case and in law, the reasoning adopted by, and conclusions arrived at by the learned Assessing Officer and by the Dispute Resolution Panel are contrary to the scheme of the taxation of profits from the operation of aircraft in international traffic- as envisaged in Article of the India Turkey DTAA and as envisaged in the UN and OECD Model Convention Commentaries on the materially similar provisions, contrary to the judicial precedents from the Hon'ble High Courts, and contrary to the actual facts of the case clearly discernable from the material on record. 6. The Appellant craves leave to add, alter, amend and/or modify any of the g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies that India and the Republic of Turkey have entered into a Double Taxation Avoidance Agreement (DTAA) duly notified on 03.02.1997. We note that Article 8 thereof deals with taxation of income of profits derived from shipping and air transport as under: "ARTICLE 8 Shipping and air transport 1. Profits derived by an enterprise of a Contracting State from the operation of ships or aircraft in international traffic shall be taxable only in that State. 2. For the purposes of this Article, profits from the operation of ships or aircraft in international traffic shall mean profits derived by an enterprise described in paragraph 1 from the transportation by sea or air respectively of passengers, mail, livestock or goods carried on by the o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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