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2013 (11) TMI 421 - AT - Income TaxService tax to be included as part of the trading receipts – Held that:- Reliance has been placed upon the judgment in the case of ADIT v Haldor Topsoe A/c 2013 (11) TMI 419 - ITAT MUMBAI], wherein it was held that reimbursement of service tax could not form part of taxable income of the assessee. Fee for technical services is for the services rendered by the assessee and service tax would not form part of fee for technical services. That service tax is not expenditure incurred by the assessee and it is a statutory levy on the person who avail services from the assessee – Service tax receipt cannot be treated as a trading receipt. Hence, reimbursement of service tax cannot form part of total income of the assessee – Relying upon the above judgment, the issue has been decided in favor of Assessee.
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