2012 (4) TMI 647 - AT - Income Tax

Summary

Issues involved: The judgment involves issues related to addition qua reimbursement of expenditure and levy of interest under section 234B of the Income-tax Act, 1961.

Addition qua reimbursement of expenditure:
The appeal was filed against the order of the Addl. DIT(International Taxation) and the Dispute Resolution Panel-II. The Assessing Officer added a sum to the gross receipts of the appellant to be taxed u/s 44BB, considering it as reimbursement of actual expenses incurred by the appellant. The appellant contended that their income should be determined under section 44BB. The DRP confirmed the inclusion of reimbursements towards fuel recharges in the taxable income u/s 44BB. The AO finalized the assessment based on these directions. The appellant appealed against these findings, which were found to be covered by the decision of the Jurisdictional High Court in a similar case.

Levy of Interest:
The AO levied interest u/s 234B of the Act, which the appellant disputed. However, the appellant did not challenge the levy of interest u/s 234D. The Tribunal dismissed the ground related to the levy of interest u/s 234B as it was not disputed before the DRP or the Tribunal.

The Tribunal upheld the findings of the AO and the DRP regarding the inclusion of reimbursements in the taxable income u/s 44BB. The Tribunal also dismissed the ground related to the levy of interest u/s 234B as it was not challenged effectively. No additional grounds were raised, leading to the dismissal of the appeal.