2015 (11) TMI 1765

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..... Respondent : Shri K P Gopakumar, SR DR ORDER PER BENCH: These three appeals, (two at the instance of the revenue and one at the instance of the assessee) and two Cross Objections (both at the instance of the assessee), are directed against the consolidated order of the CIT(A) dated 24.3.2014. The order of the CIT(A) arises out of the order passed u/s 201(1) and 201(1A) of the Act. The releva .....

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..... lows: The assessee is a private limited company. It is engaged in the business of shipping agency, clearing and forwarding, stevedoring and other allied services. The assessee, in the course of its business, had taken certain ships on hire and had paid charter hire charges. For the AY 2007-08 the assessee had made total payment of Rs. 12,61,18,420/- as charter hire charges. Similarly for the AY 2 .....

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..... grieved, the assessee filed appeal before the CIT(A). The CIT(A) followed the earlier appellate order dated 9.4.2012 in ITA No. 72/R-1/E/CIT(A)- II/10-11 (appeal as against the assessment completed u/s 143(3) of the Act). The CIT(A) held that even though the provisions of section 194-I would not be attracted, the provisions of section 194C are to be attracted and accordingly partly allowed the app .....

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..... case of contract of carrier coming within the provisions of sec. 194C or hire simplictor of ships coming within the provisions of sec. 194-I, reading of contract/agreement entered between the assessee and the owner of the ships is must. The contract entered between the assessee and the ship owners are not placed on record though there is a reference to some of the clauses of contract in the order .....

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..... hall expeditiously dispose of the matter in accordance with law as indicated above after affording reasonable opportunity of being heard to the assessee. It is ordered accordingly. 7 In the result, the appeals filed both the revenue and the assessee and also the cross objections filed by the assessee are allowed for statistical purpose. Order pronounced in the open Court on this 20th day of Nov .....

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