Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2017 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (1) TMI 1137 - AT - Income TaxInclusion of service tax for the purpose of presumptive income under Section 44B - Held that:- Following the decision of the Coordinate Bench in the assessee’s own case for A.Y. 2007-08 [2013 (10) TMI 743 - ITAT MUMBAI] we hold that service tax collected by the assessee would form part and parcel of the aggregate amount as specified under sub section (2) of section 44B of the Act for the purpose of determining the income/profit and gain thereunder. We, therefore, uphold the impugned order and consequently dismiss ground raised by the assessee. Levy of penalty under Section 271(1)(c) - Held that:- We find that since no penalty under section 271(1)(c) of the Act has been levied on the assessee for A.Y. 2011-12 in the impugned order, no cause of grievance arises to the assessee by mere initiation of these penalty proceedings. This ground, being premature, is not maintainable and is accordingly dismissed as infructuous.
|