TMI Blog2022 (9) TMI 836X X X X Extracts X X X X X X X X Extracts X X X X ..... d Circular has been followed by the ld. CIT(A), we do not find any reason to interfere with the findings of the ld. CIT(A). - Decided against revenue. - ITA No. 1006/DEL/2020 - - - Dated:- 16-9-2022 - Shri Saktijit Dey, Judicial Member, And Shri N.K. Billaiya, Accountant Member For the Assessee : Shri Rohan Khare, Adv, Shri Priyam Bhatnagar, Adv For the Department : Shri Sanjay Kumar, Sr. DR ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER:- This appeal by the Revenue is preferred against the order of the ld. CIT(A) - 30, New Delhi dated 12.12.2019 pertaining to Assessment Year 2012-13. 2. The grievances of the Revenue read as under: 1. The Ld. CIT (A) erred in holding that the agents of Foreign Shipping Compa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stics and freight forwarding, which is related to movement of goods and cargo within India or outside by road, rail, air or ship. The activities of the assessee involves packing, loading/unloading, trucking, containerization, custom clearance and other handling functions at both ends, besides moving the goods by air or sea, where goods cross the international borders. The assessee is an Indian arm of a multinational company Expeditors International. 5. During the course of assessment proceedings u/s 201/201(1A) of the Income-tax Act, 1961 [hereinafter referred to as 'The Act'], the Assessing Officer came to know that the assessee is making payments to Indian subsidiaries of foreign shipping companies and on such payments, no TDS ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uthorities. 13. It would be pertinent to refer to the CBDT Circular No. 723 dated 19.09.1995, which is as under: 913 Tax deduction at source from payment made to foreign shipping companies 1. Representations have been received regarding the scope of sections 172, 194C and 195 of the Income-tax Act, 1961, in connection with tax merits made to the foreign shipping companies or their agents. 2. Section 172 deals with shipping business of non-residents. Section 172(1) provides the mode of the levy and recovery of tax in the case of any ship belonging to or chartered by a nonresident, which carries passengers, livestock, mail or goods shipped at a port in India. An analysis of the provisions of section 172 would show that these prov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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