Held that the agreements entered into between the assessee and the foreign shipping companies regarding payment at the time of “Break bulk” did make the freight income of such foreign shipping companies clearly liable for taxation in India under the provisions of s. 5 r/w s. 9; in case the assessee was confident that the impugned freight payments made to foreign shipping companies were not taxable in India, then it should have applied for a Nil deduction certificate under s. 195. Accordingly, the payments made by the assessee to the foreign shipping companies without deducting TDS under s. 195 were rightly disallowed under s. 40(a)(i). Dy. CIT v. Reliance Industries Ltd. (2003) 81 TTJ  787(Mum) Trib, distinguished.  (AY.2012-13, 2013-14 & 2016-17)