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2016 (5) TMI 1451 - ITAT MUMBAIComputation of income u/s 44B - service tax inclusion - Held that:- In view of the ratio of law laid down by the co-ordinate bench of the Tribunal in the case of “Marubeni Corporation vs. DCIT” [2013 (12) TMI 1550 - ITAT MUMBAI] and in the light of decision of the Hon’ble Delhi High Court in the case of “DIT vs. Mitchell Drilling International Pvt. Ltd.” [2015 (10) TMI 259 - DELHI HIGH COURT] we hold that service tax collected by the assessee and paid to the government account having no profit element, cannot be included in the gross receipts for computation of income under section 44B of the Act. This issue is accordingly decided in favour of the assessee.
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