Exclusion from tonnage tax scheme.115VZC.
(1) Where a tonnage tax company
is a party to any transaction or arrangement referred to in sub-section (1) of section 115VZB
, the Assessing Officer
shall, by an order in writing, exclude such company from the tonnage tax scheme:Provided
that an opportunity shall be given by the Assessing Officer by serving a notice calling upon such company to show cause, on a date and time to be specified in the notice, why it should not be excluded from the tonnage tax scheme:Provided further
that no order under this sub-section shall be passed without the previous approval of the Principal Chief Commissioner
or Chief Commissioner.(2) The provisions of this section shall not apply where the company shows to the satisfaction of the Assessing Officer that the transaction or arrangement was a bona fide
commercial transaction and had not been entered into for the purpose of obtaining tax advantage under this Chapter.(3) Where an order has been passed under sub-section (1) by the Assessing Officer excluding the tonnage tax company from the tonnage tax scheme, the option for tonnage tax scheme shall cease to be in force from the first day of the previous year
in which the transaction or arrangement was entered into.