No treaty relief to charterer of ship as chartering party agreement proved owner of ship as freight

IT/ILT : Where one 'P', a Netherlands based shipping company, chartered a ship, which was owned by an Iranian company, and said ship was engaged by assessee to carry goods from Mangalore to other countries and further charter party agreement executed by Iranian company and 'P' showed that 100 per cent freight charges minus 3.75 per cent commission was payable by 'P' to owner of ship and out of commission of 3.75 per cent, 2.5 per cent would go to 'P' and 1.25 per cent to assessee, assessee was a