9911796707
TMI Blog2019 (12) TMI 1571X X X X Extracts X X X X X X X X Extracts X X X X ..... ,67,921/-from transportation of cargo through feeder vessels 2. erred in holding that freight income from transportation of cargo through feeder vessels is not eligible for benefit under Article 8 of India- Germany DTAA; 3. erred in holding that while income from feeder vessels would fall within the ambit of section 44B of the Act whereas the same shall not eligible for benefit under Article 8 of India-Germany DTAA; 4. erred in not taking cognizance of the decision of jurisdictional Bombay HC/ ITAT in the Assessee's own case for AY 2005-06 to AY 2011-12 and AY 2013-14, wherein the Hon'ble HC/ Hon'ble ITAT has held that freight income from transportation of cargo through feeder vessels is eligible for benefit under Artic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase and one of these orders assessment year 2007-08 has also been confirmed by Hon'ble Jurisdictional High Court. 4. In the immediately preceding year a coordinate bench has upheld similar plea of the assessee by inter alia observing as follows:- 15. We find that the Tribunal on the matter having been restored for fresh adjudication, had therein in its order passed in the case of the assessee for A.Y. 2007-08 in Hapag-Llyod Container Line GMBH Vs. Addl. Director of Income-tax (International Taxation), Mumbai (ITA No. 8854/Mum/2010; dated. 14.08.2013) keeping in view the observations of the High Court in the case of Director Of Income-tax (International Taxation) Vs. Balaji Shipping U.K Ltd. (2012) 211 Taxman 0535 (Bom), had held that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elves to be in agreement with the view taken by the Tribunal in the aforesaid preceding years in the case of the assessee. We thus, finding no reason to take a different view, thus, are of the considered view that the benefits of Article 8 of the DTAA between India and Germany would also be available to the assessee in respect of the revenue earned from the feeder vessels obtained by the assessee by slot hire arrangements. The Grounds of appeal No. 2 to 4 raised by the assessee before us are allowed. 5. We see no reasons to take any view of the matter that the view so taken by the coordinate bench. Respectfully following the same we uphold the plea of the assessee and direct the Assessing Officer to ground resultant relief. 6. In g ..... X X X X Extracts X X X X X X X X Extracts X X X X
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