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2023 (1) TMI 356 - ITAT RAJKOTProvisional assessment framed u/s. 172(4) - assessee was held liable to pay tax on the freight earned on this voyage without any benefit of exemption as per the Double Taxation Avoidance Agreement with Greece as claimed by the assessee - HELD THAT:- Position of law which emerges is that where the assessee has exercised his right to be assessed under the normal provisions of the Act as per Section 172(7) by filing his return of income for the entire year then he ought to be assessed on the return of income so filed as per the normal provisions of the Act, taking note of all benefits and exemptions available to the assessee and the summary assessment orders passed u/s. 172(4) on each voyage undertaken earning freight from India, ought to be set aside. In the facts of the present case the appeal before us is in proceedings relating to summary assessment with the A.O. having passed an order u/s. 172(4) on freight earned by ship owned by the shipping company, of which the assessee is an agent, on a voyage undertaken from India on 17-09- 2014. But for the impugned year, the assessee had filed his return of income declaring income for the entire year as per the provisions of Section 139(1) - This fact was pointed out by assessee to the Ld.CIT(A) as is evident from its submissions reproduced and copy of the return of income filed u/s 139(1) placed - The decision of the ITAT in the case of CMA CGM Agencies (India) (P.) Ltd. [2012 (11) TMI 510 - ITAT, RAJKOT] will therefore squarely apply, as per which the summary assessment order passed u/s. 172(4) needs to be set aside .The A.O. is further directed to take such action as may be warranted in terms of Section 172(7) of the Act. Appeal of the assessee is allowed in above terms.
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