CMA CGM SA. v. ACIT (2023) 201 ITD 808 (Mum) (Trib.)

S. 44B : Shipping business-Non-residents-Computation-Inland haulage charges-Part of income from operation of ships in international traffic-Charges received from transportation of cargo through feeder vessels-Not taxable in India-income from IT support services-Matter remanded-DTAA-India-France. [S.9(1)(vii), Art.9(1), 13]

Held that inland haulage charges received by assessee, engaged in business of operation of ships shall form part of income from operation of ships in international traffic and accordingly article 9 of India-France DTAA shall apply to it. Freight charges received from transportation of cargo through feeder vessels being part of shipping income in international traffic was covered under article. Tribunal held that  DRP rejected claim of assessee by following its own order in earlier year which had been reversed by Tribunal, matter remanded.  (AY. 2020-21)