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TMI Blog2019 (12) TMI 1467X X X X Extracts X X X X X X X X Extracts X X X X ..... s filed the present appeal against the order dated 24.07.2018 passed by the Commissioner of Income Tax (Appeals) -56, Mumbai [hereinafter referred to as the "CIT(A)"] relevant to the A.Y.2015-16. 2. The revenue has raised the following grounds: - "1) On the facts and circumstances of the case, ld. CIT(A) erred in holding that the service tax should be excluded from gross receipts for the purpose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the objections before the DRP and reserves the right to file an appeal before the CIT(A) on receipt of the final assessment order to be issued u/s 144C(3) of the Act. In the return of income, the assessee offered an amount of Rs. 52,69,18,790/- as its receipt on gross basis and has offered the same u/s 44BB on presumptive basis @ 10% of the same and accordingly an amount of Rs. 526,918,793/- was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... u/s 44BB of the Act, therefore, the finding of the CIT(A) is not justifiable, hence, is liable to be set aside. However, on the other hand, the Ld. Representative of the assessee has strongly relied upon the order passed by the CIT(A) in question. Before going further, we deem it necessary to advert the finding of the CIT(A) on record.:- "5 On identical facts and circumstances decision is taken i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing Vs. DCIT in ITA. No.495/M/2017 dated 20.06.2018. However, on the other hand, the Ld. Representative of the Department has placed reliance upon the decision of the Mumbai Tribunal in the case of China Shipping Container Lines Vs. Assistant Director of Income Tax, Mumbai. No doubt, the law relied by the Ld. Representative of the revenue speaks that the service tax is the part and parcel of the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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