CS Professional · Goods and Services Tax (GST) and Corporate Tax Planning · Tax Planning and Nature of Business
Ocean Carriers Pvt Ltd, an Indian company with its board deciding in Mumbai, owns a registered seagoing ship of 10,000 net tonnage with a valid tonnage certificate and operates ships as its main object. It plans to convert the ship into a pleasure craft for corporate sport and recreation, hoping to stay a tonnage tax company. Under section 235, which statement is correct?
A pleasure craft is excluded from the definition of qualifying ship, so the company would no longer own a qualifying ship. Being Indian or having large tonnage does not cure this, and the company would cease to be a qualifying company.
- AIt stays qualifying because the company is Indian
- BA pleasure craft is excluded from a qualifying ship, so it would lack a qualifying shipCorrect
- CPleasure craft qualify if net tonnage exceeds fifteen
- DOnly fishing vessels are excluded, so it qualifies
Explanation
Section 235(i) excludes pleasure crafts, fishing vessels, factory ships, harbour and river ferries and offshore installations from a qualifying ship. A qualifying company must own at least one qualifying ship, so the conversion defeats this condition despite large tonnage and Indian status.
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