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2018 (8) TMI 1645 - AT - Income TaxComputation of income u/s 44B - Service tax collected by the assessee and paid to the government account having no profit element to be included in the gross receipts from operation of ships for computation of income u/s 44B - Held that:- Respectfully following the aforesaid orders of the tribunal in assessee’s own case for AY 2010-11 which has elaborately discussed the issue in length, we allow the appeal of the assessee by holding that the service tax collected by the assessee and paid to the government account having no profit element, cannot be included in the gross receipts from operation of ships for computation of income u/s 44B of the 1961 Act. Merely because the Revenue has filed an appeal before the Hon’ble Bombay High Court is not sufficient for us to taken a different view as no judgment of the Hon’ble High Court/ Hon’ble Apex Court holding in favour of Revenue has been brought on record by learned DR. This issue is accordingly decided in favour of the assessee.
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