GST Is Not Income: Excluded from Gross Receipts u/s 44BB Even After u/s 145A

Oceaneering International GmbH Vs DCIT (ITAT Mumbai) Assessee, a non-resident engaged in shipping operations, was assessed u/s 44BB on presumptive basis. AO included GST component collected separately in invoices as part of “gross receipts” while computing deemed income @7.5% u/s 44BB, relying on amended section 145A & ICDS. DRP upheld inclusion of GST. ITAT held that section 44BB is a special code with a non-obstante clause overriding sections 28 to 43A, and deemed income has to be computed only on amounts specified in section 44BB(2), namely amounts paid or payable on account of carr...