Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2022 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (11) TMI 385 - HC - Income TaxScope of of Sections 44BB(1) and 44BB(2) - whether the service tax collected by the assessees in the course of provision of services and facilities in connection with, or supply of plant and machinery on hire, in the prospecting for, or extraction or production of, mineral oils in India, was liable to be included in the amount paid or payable for the purpose of computation of the ‘presumptive taxable income’ of the assessee? - HELD THAT:- Full Bench judgment of this Court in DIT (International Taxation) & others vs. Schlumberger Asia Services Limited [2019 (4) TMI 1177 - UTTARAKHAND HIGH COURT] held that the amount reimbursed to the assessee (service provider) by the ONGC (service recipient), representing the service tax paid earlier by the assessee to the Government of India, would not form part of the aggregate amount referred to in Clauses (a) and (b) of sub-section (2) of Section 44 BB. Thus following the judgment of the Full Bench of this Court in DIT (International Taxation) & others vs. Schlumberger Asia Services Limited (Supra), we are of the view that no fresh question of law arises for consideration in these appeals.
|