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2016 (12) TMI 1192 - HC - Income TaxIncome by way of slot chartering - whether would from a part of income from operations of ships exempt under Article 9 of the DTAA - Held that:- Revenue has not disputed the fact that the activity carried out with regard to the four cases has nexus with the operation of ships in international traffic. The Revenue also does not dispute that the receipt attributable to the four cases is less than 0.5% of total receipts. Thus it would undisputedly satisfy the nexus test laid down by this Court in Balaji Shipping (2012 (8) TMI 681 - BOMBAY HIGH COURT). Therefore, the assessee would be entitled to the benefit of Article 9 of IndiaDenmark DTAA. In any case, the grievance of the Revenue is not sustainable as the impugned order on appreciation of evidence has held that particulars of receipts in respect of the four cases were filed with the return of income. Therefore, the view taken by the Tribunal is a possible view. Nothing has been shown to us which would indicate that the view taken by the Tribunal is not covered by the nexus test laid down by this Court in Balaji Shipping (supra).
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