DIT v. Balaji Shipping UK Ltd.

DCIT (It)-1(1)(2), Mumbai vs. Avana Global Fzco, Mumbai

Appeal is allowed

Bench: Shri Rahul Chaudhary (Jm) & Shri Omkareshwar Chidara (Am)

…HC are connected directly or an ancillary activity that provides minor contribution and should not be regarded as a separate business to the operations of ships. Further, the decision of Hon'ble Bombay High Court in the case of Balaji Shipping (UK) Ltd.(2Oi2) 253 CTR 460 (Bom) the issue was whether receipts from slot chartering can be considered as shipping income eligible to the beneficial provision of the Tax Treaty between India and UK. The Hon'ble High Court observed that the slot hire agreements are at least indirectly, if not directly connected and interlinked with and is an integral part of the enterprise'…

Avana Global Fzco, Mumbai vs. Dy CIT (International Taxation) Circle-1(1)(2), Mumbai

In the result, appeal by assessee is partly allowed in the terms aforesaid

Bench: Shri Vikas Awasthy & Shri Gagan Goyalआअसं.1079/मुं/2021 ("न.व. 2017-18) Avana Global Fzco, D-301-305, Level 3, Tower Ii, Seawoods Grand Central, Plot No.R1, Sector-40, Nerul Node Seawoodsdarave, Navi Mumbai 400 706. Pan: Aadcb-4021-A ...... अपीलाथ"/Appellant बनाम Vs. Deputy Commissioner Of Income Tax- (International Taxation),Circle – 1(1)(2) Mumbai, Room No.528, 5Th Floor, Air India Building, Nariman Point, Mumbai – 400 021 .....""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Poras Kaka, Sr. Advocate With Shri Divesh Chawla, Advocate ""तवाद" "वारा/Respondent By : Shri Milind S. Chavan सुनवाई क" "त"थ/ Date Of Hearing : 22/03/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 16/06/2022 आदेश/Order

…the DRP in Assessment Year 2016-17 and rejected the objections of assessee. The ld.Counsel for the assessee further pointed that in Assessment Year 2016-17 the DRP agreed that the Hon'ble Bombay High Court in the case of Balaji Shipping (UK) Ltd. reported as 253 CTR 460 (Bom) has held that the feeder vessels are covered by the term “pool or slot arrangement” but refused to follow the same as the Department had field SLP against the said decision before the Hon'ble Supreme Court of India and the said SLP is pending for final disposal. The ld.Counsel for the assessee submitted that Co-ordinate Bench of the Tribuna…

Avana Global Fzco, Navi Mumbai vs. Dy CIT (It) Circle-1 (1)(2), Mumbai

In the result, the appeal is allowed in the terms indicated above

…er was left redundant. However, even while accepting that the admissibility of claim under article 8, on these facts, is covered in favour of the assessee by Hon’ble jurisdictional High Court’s judgement in the case of DIT vs Balaji Shipping (UK) Ltd. [(2012) 253 CTR 460 (Bom)], learned DRP rejected the claim of the Assessing Officer on the ground that the matter has not reached finality as a special Leave Petition, against the aforesaid judgment, is pending before Hon’ble Supreme Court. The relevant observations made by the DRP are as follows:- The DRP has considered the arguments of the assessee as above and th…

DDIT (It) 1(2), Mumbai vs. Delmas France, Mumbai

In the result, Revenue’s appeal for Asst

Bench: Shri Jason P. Boaz (Am) & Shri Pawan Singh (Jm)

…ant's submission and the AO's order, I find that the issue involved in this ground 5 Assessment Year: 2010-11 of appeal are covered in favour of the appellant by the Jurisdictional Bombay High Court's decision in the case of DIT v Balaji Shipping UK Ltd. (253 CTR 460) and also by the decision of Jurisdictional Mumbai ITAT in the appellant's own case by the order dtd. 11th January, 2012 in AY 2006-07. Keeping reliance on the decision of jurisdictional Bombay High Court and also in the appellant’s own case, it is held that appellant is entitled for benefit of relief under. Article 9 0f the DTAA. However, after…

DDIT (It) 1(2), Mumbai vs. Delmas France, Mumbai

Appeal of the assessee is allowed

Bench: Shri Amit Shukla () & Shri Ashwani Taneja ()

…Having taken note to the appellant's submission and the AO's order, I find that the issue involved in this ground of appeal are covered in favour of the appellant by the Jurisdictional Bombay High Court's decision in the case of DIT v Balaji Shipping UK Ltd. (253 CTR 460) and also by the decision of Jurisdictional Mumbai ITAT in the appellant's own case by the order dtd. 11th January, 2012 in AY 2006-07. Keeping reliance on the decision of jurisdictional Bombay High Court and also in the appellant’s own case, it is held that appellant is entitled for benefit of relief under ·Article90f the DT AA. However, after p…

DDIT (It) 1(2), Mumbai vs. Delmas France, Mumbai

Appeal of the assessee is allowed

Bench: Shri Amit Shukla () & Shri Ashwani Taneja ()

…Having taken note to the appellant's submission and the AO's order, I find that the issue involved in this ground of appeal are covered in favour of the appellant by the Jurisdictional Bombay High Court's decision in the case of DIT v Balaji Shipping UK Ltd. (253 CTR 460) and also by the decision of Jurisdictional Mumbai ITAT in the appellant's own case by the order dtd. 11th January, 2012 in AY 2006-07. Keeping reliance on the decision of jurisdictional Bombay High Court and also in the appellant’s own case, it is held that appellant is entitled for benefit of relief under ·Article90f the DT AA. However, after p…