The Tribunal held that under the provisions of section 115VH of the Act, where a qualifying ship is operated by two or more companies by way of joint interest in the ship or by way of an agreement for the use of ship and their respective shares are definite and ascertainable, the tonnage income of each such company shall be an amount equal to a share of income proportionate to its share of that interest. The assessee had claimed the benefit of tonnage tax, according to the definite and ascertainable share of the assessee in terms of the agreement with other co-owners. Therefore, the assessee was entitled to the benefit of tonnage tax under section 115VC of the Act. (AY. 2013-14 to 2017-18)
ACIT v. Buhari Holdings Pvt. Ltd. (2022)96 ITR 41 (SN) (Chennai) (Trib)
S. 115VC : Shipping business-Presumptive Tax-Tonnage Tax-Assessee Part Owner of Qualifying Ship-Entitled to benefit of tonnage tax claimed according to definite and ascertainable share in terms of agreement with other co-Owners. [S. 115VH]