IN THE ITAT RAJKOT BENCH
Income-tax Officer (International Taxation)
Versus
Albatross Shipping Ltd.
IT APPEAL NO. 28 (RJT.) OF 2012
CO. NO. 23 (RJT.) OF 2012
[ASSESSMENT YEAR 2010-11]
OCTOBER 19, 2012
ORDER
T. K. Sharma, Judicial Member This appeal by the Revenue is against the order dated 17.10.2011 of CIT(A) for the assessment year 2010-11.
ITA No. 28/Rjt/2012 (By Revenue)
2. The facts in brief are that the Agent M/s Albatross Shipping Limited, Gandhidham filed various Vovage final return u/s 172(3) of the Income tax Act 1961 on various dates from the financial year 2009-2010 for the freight beneficiary of M/s Balaji Shipping Lines, FZCO, UAE without paying freight tax. The AO for the sake of convenience and since the issue involved in the matter passed common order u/s 172(4) of the Act on 29.12.2010 in respect of entire Vovage return filed during the financial year 2009-10. In this order, the AO held that M/s Balaji Shipping Lines, FZCO, UAE having occasional business on port at Mundra and not engaged in regular business of shipping and hence, not eligible for benefit of Article 8 of Indo-UAEl Treaty. Further in this order the AO held that the Principal is not owned or chartered none of the vessel, therefore, the agent/freight beneficiary is not entitled to claim of DTAA benefit for the said chartered vessel for the various reasons discussed in paragraph 7 of the impugned order. To sum up, the AO worked out the income and tax payable thereon as under :
