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Service tax collected from customers not to be added while determining presumptive shipping income under section 44B
Case Law Details
- Case Name
- Islamic Republic of Iran Shipping Lines Vs. DCIT (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2007- 08
- Courts
- ITAT Mumbai
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Recently Mumbai Bench of the Income-tax Appellate in the case of Islamic Republic of Iran Shipping Lines Vs. DCIT [I.T.A. No. 8845/Mum/2010 dated 20 April, 2011] held that service tax collected from customers on behalf of the Government cannot be included in the total receipts while determining its presumptive income under section 44B of the Income-tax Act, 1961.
Facts
• Islamic Republic of Iran Shipping Lines (“the assessee”), engaged in operation of ships, had filed its tax return for assessment year 2007-08, offering income as per the provisions of section 4...





