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2016 (10) TMI 885 - AT - Income TaxInclusion of service tax for the purpose of presumptive income under Section 44B - Held that:- Respectfully following the decision of the Hon'ble Delhi High Court in the case of Mitchell Drilling International Ltd. (2015 (10) TMI 259 - DELHI HIGH COURT ) and of the Coordinate Bench of this Tribunal in the assessee’s own case for assessment years 2007-08, 2008-09 & 2010-11 (supra), we hold that for the purpose of computing the ‘presumptive income’ of the assessee under section 44BB of the Act, since service tax collected by the assessee does not have any element of income, it therefore cannot form part of the gross receipts and consequently delete the addition made in this regard by the authorities below. Short credit of advance tax and tax deducted at source (TDS) - Held that:- We direct the AO to consider, examine and verify the assessee’s claim of grant of short credit of Advance Tax of ₹ 10,95,525/- and TDS of ₹ 34,583/- while giving effect to this order, after affording the assessee of adequate opportunity of being heard in the matter and to file details/submissions required in this regard. Uuphold the action of the AO in charging the assessee interest under sections 234C and 234D of the Act. See Commissioner of Income Tax Versus Anjum MH Ghaswala And Others [2001 (10) TMI 4 - SUPREME Court ]
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