2018 (6) TMI 1526 - AT - Income Tax

Computing income under Section 44BB - whether the service tax collected by the assessee shall form part of gross receipts for computing income under Section 44BB? - Held that - We noticed that the learned CIT(A) has followed the decision rendered by the Hon ble Delhi High Court in the case of Mitchell Drilling International (P) Ltd. (2015 (10) TMI 259 - DELHI HIGH COURT) in holding that service tax collected by the assessee cannot form part of gross receipts.

Summary

Issues:
1. Inclusion of amount received for mobilisation/demobilisation of vessels and equipment outside Indian territorial waters in gross receipts under Section 44BB of the Income Tax Act.
2. Whether service tax collected by the assessee should form part of gross receipts for computing income under Section 44BB of the Act.

Issue 1:
The first issue in this case revolved around whether the amount received by the non-resident company for mobilisation/demobilisation of vessels and equipment outside Indian territorial waters should be included in the gross receipts for determining total income under Section 44BB of the Income Tax Act. The Hon'ble Supreme Court had previously ruled on a similar matter in the case of Sedco Forex International Inc, where it was held that such receipts should indeed be included in the gross receipts. The Appellate Tribunal, in line with this precedent, confirmed the order passed by the CIT(A) on this issue, thereby dismissing the appeal filed by the assessee.

Issue 2:
The second issue raised in the case pertained to whether the service tax collected by the assessee should be considered as part of gross receipts for income computation under Section 44BB of the Act. The assessee relied on a decision by the Hon'ble Delhi High Court in the case of Mitchell Drilling International (P) Ltd., which held that service tax collected should not be included in gross receipts. On the other hand, the Revenue cited a Mumbai Bench Tribunal decision that favored including service tax in gross receipts. The Appellate Tribunal noted that the CIT(A) had followed the decision of the Hon'ble Delhi High Court, emphasizing the superiority of the High Court over the Tribunal. Consequently, the Tribunal affirmed the order passed by the CIT(A) on this issue, leading to the dismissal of both the appeals filed by the assessee and Revenue.

In conclusion, the Appellate Tribunal upheld the decisions made by the CIT(A) regarding both issues, aligning with established legal precedents and emphasizing the significance of higher court rulings in guiding the interpretation and application of tax laws.