2017 (12) TMI 1548 - AT - Income Tax

Deemed profit of the assessee under section 44BB - Service tax element be included in the gross receipts for the purpose of computing the profit - assessee has not offered to tax the reimbursement of service tax receipts which is part of gross receipt from ONGC - Held that - It is pertinent to note that statutory charges cannot form part of the amount considered for the purpose of deemed profit under Section 44BB of the Income Tax Act 1961. Thus in light of decisions in assessee s own cases for earlier Assessment Years 2015 (6) TMI 493 - ITAT DELHI the issue is squarely covered in favour of the Assessee.

Summary

Issues involved:
1. Inclusion of service tax receipts in gross revenue for computing profits under section 44BB of the Income Tax Act, 1961.

Detailed Analysis:

Issue 1: Inclusion of service tax receipts in gross revenue
The appeal was filed by the Revenue against the order passed by CIT(A)-2, Noida for Assessment Year 2012-13, questioning the treatment of receipts on account of service tax in the computation of profits under section 44BB of the IT Act. The Assessing Officer contended that entire receipts, including service tax, should be considered to determine the deemed profit of the assessee. However, the assessee argued that service tax receipts should not be included as they are statutory charges and relied on judicial precedents to support their position. The CIT(A) ruled in favor of the assessee, following the Tribunal's decision in the assessee's own case for a previous assessment year and the judgment of the Delhi High Court in a similar case. The Tribunal, after considering the arguments and legal precedents, upheld the decision in favor of the assessee, stating that service tax collected by the assessee does not constitute income and should not be included in gross receipts for computing presumptive income under section 44BB. The Tribunal also highlighted CBDT circulars supporting this interpretation. Therefore, the appeal of the Revenue was dismissed based on established legal principles and precedents.

In conclusion, the judgment clarified that service tax receipts should not be included in gross revenue for computing profits under section 44BB of the Income Tax Act, 1961, as they do not constitute income for the assessee. The decision was based on legal interpretations, judicial precedents, and CBDT circulars, ensuring consistency in the application of tax laws and principles.