TMI Blog2012 (12) TMI 521X X X X Extracts X X X X X X X X Extracts X X X X ..... L Shipping Agencies (Mumbai) Ltd. [2010 (1) TMI 889 - ITAT, MUMBAI] that the assessee is only acting as the agent of the UK Company, it has to be examined whether the decision rendered in that case applies to the facts surrounding the instant case. As the assessee has not substantiated various claims made by it before the AO all the issues require re-examination at the end of the AO - AO directed to frame the assessment de nova without being influenced by the "Annual no objection certificate" in accordance with law - appeal filed by the Revenue allowed for statistical purposes. - IT Appeal No. 79 (Coch.) of 2011 - - - Dated:- 20-7-2012 - N.R.S. GANESAN AND B.R. BASKARAN, JJ. S.R. Senapati for the Appellant. Pankaj R. Tora ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut it did not include any income from such business activity in its return of income. Hence the Assessing Officer re-opened the assessment of the assessment year 2002-03 by issuing notice u/s. 148 of the Act. He also issued notices calling for various details. It is stated in the assessment order that Shri T.A. Venkitachalam, FCA, the Authorised Representative submitted the details called for. However, the AO did not prefer to discuss about the nature of details called for by him and the information/replies given by the assessee. The Assessing Officer completed the assessment to the best of his judgment u/s. 144 of the Act, without giving the reasons for the same. 4. The AO noticed that the assessee-company as well as the UK Company are o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly an attempt to understand the back ground of the operations from the observations of the AO. Hence, we may mention that these details require authentication from the tax authorities. The purpose of making these discussions and the purpose of qualifying the observations are that the facts surrounding the various issues under consideration have not been clearly brought out either by the assessing officer or by the assessee. Be that as it may, we shall now proceed to discuss the facts of the instant case as understood by us. 5. The assessee appears to have claimed that it is acting only as an agent of UK Company and hence the shipping income generated by it in India belongs to the UK Company referred supra. Accordingly, it did not declare ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence to any of the letters, details or particulars, if any, filed by the assessee in the assessment order. 6. The assessee challenged the assessment order in appeal filed before the ld. CIT(A). The assessee, it appears, has filed submissions before Ld CIT(A) relating to various additions made by the AO. The Ld CIT(A), based on the said submissions and further by placing reliance on the decision of Mumbai Bench of the ITAT in the case of IAL Shipping Agencies (Mumbai) Ltd. [I.T. Appeal No. 3910/Mum./2005 dated 28-08-2008] held that the assessee is only acting as the agent of the UK Company. He also deleted various additions made by the Assessing Officer. Aggrieved by the order of the Ld. CIT(A), the Revenue is in appeal before us. 7. We ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is a resident/ who is a non-resident) includes all income from whatever source derived which- (a) is received or is deemed to be received in India in such year by or on behalf of such person or (b) accrues or arises or is deemed to accrue or arise to him in India during such year." It can be seen that the income earned through Indian shipping operations is taxable in India, both in the hands of the resident assessees as well as non-resident assessees. However, under Chapter IX of the Act, Double Taxation Relief is granted when an income is subjected to tax both under the Indian Income tax and the income tax Act of any other country. Hence, an assessee can claim relief under Chapter IX of the Act, if he is able to show that he is e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... noticed that the assessee has not substantiated various claims made by it before the Assessing Officer. Hence, we are of the view that all the issues require re-examination at the end of the Assessing Officer. 11. Before us as well as before the Ld CIT(A), the assessee placed reliance on the "Annual No objection Certificate" dated 16-04-2001 issued by the Deputy Commissioner of Income tax, Circle-1, Mattancherry. In our view, the said certificate will not curtail the power of assessing officer to make independent examination of all the issues discussed above. We also direct the AO to examine all the issues without being influenced by the "Annual no objection certificate" referred supra. We also notice that the Deputy Commissioner of Incom ..... X X X X Extracts X X X X X X X X Extracts X X X X
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