IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION I.T. APPEAL NO. 561 OF 2004 WITH I.T. APPEAL NO. 612 OF 2003. Neptune Orient Lines Ltd. ...... ......Appellant. V/s Dy.Commr. Of Income Tax Sp. Range 31 Mumbai & Anr. .... ..... .....Respondents. Ms.A.Vuissanji with Mr.S.J.Mehta, Adv. for the appellant. Mr.Vimal Gupta, Adv. for the respondents. CORAM: SWATANTER KUMAR, C.J. & A.P.DESHPANDE, J. DATED: 15th JULY, 2008. PC: Present appeal is directed against the order dated 17.1.2003 passed by the Income Tax Appellate Tribunal, Mumbai accepting the appeal filed by the Revenue and while relying upon its earlier view taken in the case of M/s.Frata Container Lines Pvt. Ltd. in ITA No.2845/Mum/96, for the year 1992-93 that after insertion of explanation having retrospective effect from 1.4.1976 the demurrage charges, handling charges, terminal charges, detention charges and charges of similar nature are subject to tax u/s.44B. Aggrieved from this finding the assessee has filed the present appeal primarily on the 1 ground of inclusion of demurrage and detention charges and have raised the following two questions of law: i) Whether on the facts and circumstances of the case income on the receipts by way of detention charges, demurrage charges and terminal handling charges is liable to be taxed and included in the income of the Appellant computed under the Income Tax Act 1961? ii) Whether on the fact and circumstances of the case the appellant having been assessed under the DTAA between India and Singapore, income on receipts by way of demurrage charges terminal handling charges and detention charges is liable to be taxed under the Income Tax Act, 1961? 2. As far as the second question framed by the assessee is concerned the same was never raised before any authority and is sought to be raised before this Court for the first time. We decline to entertain the same in view of the fact that the appellant never raised this issue before any other authority. As far as the first question is concerned it is not in dispute that the law was amended in the year 1997 with effect from 1.4.1976 and keeping in view the CBDT circular dated 18.2.1998 and the amended provisions of law the view taken by the Income Tax Appellate Tribunal cannot be faulted with as they have accepted and decided the matter in accordance with law which was in existence. By operation of law no situation changed between the assessee in filing return and the decision of the Tribunal 2 as the law was made effective from 1.4.1976. No question of law much less a substantial question of law is involved. Hence appeal is dismissed. CHIEF JUSTICE (A.P.DESHPANDE, J.) 3