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2023 (4) TMI 1100 - ITAT KOLKATATP provisions applicability on assessee’s income as chargeable to tax as per Tonnage Tax Scheme - HELD THAT:- We observe that the assessee has opted for tonnage tax scheme in respect of its income from operating the ships in terms of approval granted to it by the Addl. CIT, range-1, Kolkata vide letter dated 29.03.2017 for a period of 10 years. We have also perused the presumptive scheme as envisaged by the provisions of Section 115BB of the Act and also the decision cited by the assessee in the case of Van Oord India Pvt. Ltd. [2019 (6) TMI 1176 - ITAT MUMBAI] Thus where the assessee has opted for tonnage tax scheme and has offered the income on presumptive basis, no TP adjustments are required to be made. Late payment of employees contributions beyond the time as prescribed under the Provident Fund - HELD THAT:- We are of the views that the issue is covered against the assessee by the decision of Chekmate Services Pvt. Ltd. [2022 (10) TMI 617 - SUPREME COURT] Accordingly ground of assessee dismissed. Dis-allowing the deduction in respect of education cess and secondary and higher secondary education cess for the purpose of computing profits and gains from business or profession - HELD THAT:- In terms of explanation 3 as inserted by Finance Act ,2022 to section 40(ii) of the Act, it has been provided tax shall include and shall be deemed to have always included any surcharge or cess by whatever name called on such tax. Considering the above position we are of the considered view that education cess and Secondary and higher Secondary Education cess are also part of the tax and not deduction is available to the assessee. Accordingly the ground raised by the assessee is dismissed.
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