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2016 (5) TMI 1025 - AT - Income TaxAssessment under section 172(4) - Shipping business of non-residents - Taxability of income in a situation in which transportation of goods has been done by using the slot charter - Held that:- The assessee is entitled to treaty protection, under article 9, from source taxation of income arising from transportation of goods by operation of ships in international traffic- irrespective of whether or not such ships were owned or chartered by the assessee The profits earned by the assessee in respect of the slot hire operations, or for that purpose any other part of the business of operations of ships or aircraft in international traffic, are taxable only in the country of its fiscal domicile, i.e. Indonesia. Therefore, uphold the grievance of the assessee on merits. The demands raised on the assessee by the impugned assessment order, accordingly, hereby stands vacated. - Decided in favour of assessee
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