The Director Of Income-Tax (Internationaltaxation v. Adsteam Agency (India) Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.2643 OF 2009 The Director of Income-Tax (InternationalTaxation)...Appellant Versus Adsteam Agency (India) Ltd. ..Respondent Mr. Suresh Kumar for the appellant. P .C. CORAM : MOHIT S. SHAH, C.J. & M.S. SANKLECHA, J.DATE : 15 April 2013 In this appeal by the revenue for the assessment year 2001-02 the following substantial questions of law have been raised for our consideration:- “1.Whether on the facts and in the circumstances of the case and in law the income of the assessee by way of slot chartering would form a part of income from operations of ships exempt under Article 9 of the Tax Treaty between India and UK?the case and in law the income of the assessee by way of slot chartering would form a part of income from operations of ships exempt under Article 9 of the Tax Treaty between India and UK? 2.Whether the income of the Respondent on account of slot chartering in India is taxable under Section 44B of the Act?of slot chartering in India is taxable under Section 44B of the Act? 3.Whether the income of the Respondent on account of slot chartering is taxable under normal provisions of the Act, i.e. Sections 28 to 43A?of slot chartering is taxable under normal provisions of the Act, i.e. Sections 28 to 43A? gopi 4.Whether on the facts and in the circumstances of the case and in law, the ITAT was justified in not following the decision of ITAT “D” Bench, Mumbai in the case of A.P. Moller Maesk Agency India Pvt. Ltd. vs. DCIT (86 ITD 563)?”the case and in law, the ITAT was justified in not following the decision of ITAT “D” Bench, Mumbai in the case of A.P. Moller Maesk Agency India Pvt. Ltd. vs. DCIT (86 ITD 563)?” 2.The Tribunal by the impugned order allowed the respondent assessee's appeal holding that Article 9 of Double Taxation Avoidance Agreement between India and United Kingdom is applicable. This was by following its decision dated 13 August 2008 in the case of Balaji Shipping(UK) Ltd. 3.Being aggrieved, the revenue preferred an appeal from the above order of the Tribunal and this Court in the matter of Director of Income Tax (International Taxation) vs. Balaji Shipping UK Ltd. reported in(2012) 211 Taxman 535, dismissed the appeal of the revenue. The revenue has not pointed out any distinguishing features in this case warranting a different view. 4. As the issues raised in the present appeal are covered in favour of the respondent assessee by the decision of this Court in the matter of Balaji Shipping (UK) Ltd. (supra), we see no reason to entertain the proposed questions of law. 5.Accordingly, the appeal is dismissed with no order as to costs. CHIEF JUSTICE M.S. SANKLECHA, J.