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1 - 10 of 13 (0.43 seconds)Article 9 in Constitution of India [Constitution]
Section 234A in The Income Tax Act, 1961 [Entire Act]
Section 234B in The Income Tax Act, 1961 [Entire Act]
Article 2 in Constitution of India [Constitution]
The Income Tax Act, 1961
National Thermal Power Co. Ltd. vs Commissioner Of Income Tax on 4 December, 1996
Ltd (supra) and Balaji Shipping (supra) with regard to
interpreting "chartering" is that the receipts under slot chartering agreements has a
direct nexus/inextricably linked to the main business of the enterprise of the
operation of ships and therefore eligible for benefit under Article 9. The assessee
under code sharing arrangements, books tickets in other airlines under a designated
code specific to the assessee, so that the assessee holds itself out as providing
service to destinations where it does not otherwise operate or in segments where it
operates infrequently. The typical way in which the tickets are booked under code
sharing arrangement is explained as below -
Hireright Limited, London vs Acit, Circle 2(1)(1), Int. Tax, New ... on 6 September, 2023
Further the Hon'ble Bombay High Court in the
case of Balaji Shipping (supra) also held that under slot chartering the arrangement
is on a principle to principle basis i.e. the transportation of goods by third party
vessels is done on behalf of operator of the ship. In assessee's case under the code
sharing arrangements, the tickets are issued by the assessee for the entire journey
including journey through third party airlines and accordingly the passengers are
carried in third party aircrafts on behalf of the assessee. Therefore on this count
also it is to be held that the operation of aircrafts in international traffic by the
assessee would include code sharing arrangements.