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2024 (2) TMI 636 - AT - Income TaxComputing the presumptive income for the purposes of Section 44BB - Service tax/ GST being statutory levy inclusion in the gross receipts for the purpose of section 44BB or not? - HELD THAT:- This issue has been considered by various Hon’ble High Courts (including the Hon’ble jurisdictional High Court of Delhi) and Tribunals. The impugned issue stands settled in favour of the assessee - CIT(A) has rightly deleted the addition made by the Ld. AO relying on the decision of Mitchell Drilling International Pvt. Ltd [2015 (10) TMI 259 - DELHI HIGH COURT] and Schlumberger Asia Services Ltd. [2019 (4) TMI 1177 - UTTARAKHAND HIGH COURT] We have also perused the decision of Dehradun Bench of the Tribunal in DCIT vs. M/s. Transocean Offshore International Ventures Ltd [2021 (11) TMI 1179 - ITAT DELHI] wherein the Tribunal relying on the decisions (supra) in Mitchell Drilling International Pvt. Ltd. and Schlumberger Asia Service Ltd. held that the service tax receipts do not form part of receipts for computation of income in section 44BB. Decided against revenue.
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