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2017 (11) TMI 1474 - AT - Income TaxDenying the benefit of Article-8 of the India- Malaysia DTAA - freight income earned by the assessee from shippers for transporting cargo loaded on feeder vessels for onward transportation by vessels owned, leased or chartered by the assessee - Held that:- As decided in the immediately preceding Assessment Years 2004-05 to 2007-08. we hold that the entire profits derived from the transportation of goods carried on by the assessee is to be treated as profits from operation of ships and therefore the benefit of Article-8 cannot be denied to the assessee on the part of the freight from voyage by the feeder vessels. Thus Ground No.1 raised by the assessee is allowed. Since the benefit of Article-8 has been given to the assessee on the freight income earned by it, we are not adjudicating upon the plea for the benefit under Article-8(3). Similarly, the issue of permanent establishment Article-5 is also not adjudicated upon as the same will come into question once the benefit under Article-8 is denied and income is to be computed as per Article-7. Thus the rest of the grounds of appeal are treated as academic in nature.
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