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TMI Blog2019 (2) TMI 760X X X X Extracts X X X X X X X X Extracts X X X X ..... he same respondents for two different years. CEA No.27/2011 is with respect to assessment year 2001-02 to 2005-06. CEA 4/2013 is with respect to 2008-09. The issues are more or less similar and we first deal with CEA 27/2011, since the order impugned therein was followed in the order impugned in CEA 4/2013. 2. The Cochin Port Trust, the respondent herein had entered into two agreements with M/s. India Gateway Terminal Private Limited (IGTPL for brevity). One of these agreements was for operation and management including necessary modification and augmentation of facilities at Cochin Port. The contract was for a period of 8 years and six months from the date of commercial operation of handling containers. As per the agreement; IGTPL had to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in there is no port services rendered by the CPT. 5. The rights and obligations of IGTPL as per the agreement, as extracted by the Tribunal in the order impugned in CEA 27/2011 are as follows: "The ownership of all infrastructure assets, buildings, structures, berths, wharves, equipment and other immovable and Movable Assets constructed, installed, located, created or provided by the Licensee pursuant to this Agreement shall, until transfer to the licensor in accordance with this Agreement, be with the licensee. The ownership/leasehold rights of the Licensor's equipment shall stand transferred to the Licensee from the date of receipt of the first installment of the Upfront Payment under Article 5.1 hereof, and in respect of the crane ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt is by the IGTPL. By the agreement the IGTPL agreed to take over the obligation to provide port services for which a fee is collected from the owners of the goods and vessels moving through the port. The CPT has given up their exclusive right to provide such services and by the agreement the CPT does not provide any services, in the nature of port services to IGTPL. 7. The amounts paid by IGTPL to CPT is only in respect of the right conferred on the IGTPL to carry out the port services; for provision of which the users of the port would pay a fee. In such circumstances, definitely the revenue earned by IGTPL will be taxed under the Finance Act, 1994 specifically under sub-clause (lxxxii) of Section 65. It is a percentage of that, which t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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