IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME TAX REFERENCE NO.668 OF 1998 INCOME TAX REFERENCE NO.668 OF 1998 INCOME TAX REFERENCE NO.668 OF 1998 The Commissioner of Income-tax ..Applicant. V/s. M/s.Garware Shipping Corpn. ..Respondent. Mr.A.S.Rao for applicant. CORAM : V.C. DAGA AND CORAM : V.C. DAGA AND CORAM : V.C. DAGA AND J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 4TH APRIL, 2005. DATED : 4TH APRIL, 2005. DATED : 4TH APRIL, 2005. P.C. :- P.C. :- P.C. :- 1. Heard the learned counsel for the applicant. The Tribunal has referred the question for the opinion of this Court reading as under :- " Whether, on the facts and in the circumstances of the case, the period of employment of any employee of the assessee on an Indian ship during the time the ship was outside the territorial waters of India could be construed as period of employment outside India within the meaning of section 40A(b)(i) of the Income-tax Act, 1961 ? 2. The aforesaid question has already been answered by the Division Bench of this Court in the case C.I.T. V/s. Indo Oceanic Shipping Co. Ltd. [(2001) 247 C.I.T. V/s. Indo Oceanic Shipping Co. Ltd. [(2001) 247 C.I.T. V/s. Indo Oceanic Shipping Co. Ltd. [(2001) 247 I.T.R. 247 (Bom.) I.T.R. 247 (Bom.) I.T.R. 247 (Bom.) against the revenue and in favour of the assessee. Accordingly, for the reasons recorded in that Judgment the above question is answered in the affirmative i.e. in favour of the assessee and against the revenue. Accordingly, reference stands disposed of with no order as to costs. (V.C. DAGA, J.) (V.C. DAGA, J.) (V.C. DAGA, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.)