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Income Tax

Service tax cannot be included in total receipts for determining presumptive income

Case Law Details

Case Name
M/s Sedco Forex International Drilling Inc. Vs Additional DIT, International taxation (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2008-09
Courts
ITAT Delhi
Advertisement Reimbursement of custom duty paid by the assessee could not form part of amount for the purpose of deemed profits u/s 44BB unlike the other amounts received towards reimbursement. Following the view in this decision, Mumbai Bench in their decision in Islamic Republic of Iran Shipping Lines(supra)held that service tax being a statutory liability, would not involve any element of profit and accordingly, the same could not be included in the total receipts for determining the presumptive income. In the light of view taken by the Mumbai Bench, especially when the ld. DR did not p...
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