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2012 (7) TMI 250 - AT - Income TaxDetermination of Presumptive profit u/s 44BB - addition of reimbursement of fuel recharge received to gross receipts - assessee(foreign company) having PE in India reflected income u/s 44BB in terms of contracts with ONGC - Held that:- It has been held in case of Halliburton Offshore Services Inc ( 2007 (9) TMI 230 (HC)) that it is clear from perusal of Section 44BB that all the amounts either paid or payable (whether in India or outside India) or received or deemed to be received (whether in India or outside India) are mutually inclusive. This amount is the basis of determination of deemed profits and gains of the assessee @ 10 %. S44BB is a complete code in itself. Following aforesaid decision, action of addition of reimbursement of fuel recharge to gross receipts is upheld - Decided in favor of Revenue. Addition of reimbursement of Service tax - Held that:- Service tax which is a statutory liability, would not involve any element of profits and a service provider is collecting the same from its customers on behalf of the Government and, accordingly, same cannot be included in the total receipts for determining the presumptive income. See Islamic Republic of Iran Shipping Lines(2011 (4) TMI 637 (Tri)) - Decided against Revenue
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