2023 (12) TMI 143 - SCH - Income Tax

Addition u/s 44BB(1) and 44BB(2) - whether the service tax collected by the assessees in the course of provision of services and facilities in connection with, or supply of plant and machinery on hire, in the prospecting for, or extraction or production of, mineral oils in India, was liable to be included in the amount paid or payable for the purpose of computation of the presumptive taxable income of the assessee? - As decided by HC 2022 (11) TMI 385 - UTTARAKHAND HIGH COURT amount reimbursed to the assessee (service provider) by the ONGC (service recipient), representing the service tax paid earlier by the assessee to the Government of India, would not form part of the aggregate amount referred to in Clauses (a) and (b) of sub-section (2) of Section 44 BB - HELD THAT - Though, there is a delay of 272 days in filing the Special Leave Petition. Nevertheless, we have heard learned Additional Solicitor General on merits of the case. Delay condoned.We are not inclined to interfere in the matter. The Special Leave Petition is dismissed.

Summary

Title: Supreme Court Judgment - Delay Condoned, Special Leave Petition Dismissed

Court: Supreme Court

Judges: HON'BLE MRS. JUSTICE B. V. NAGARATHNA And HON'BLE MR. JUSTICE UJJAL BHUYAN

Key Points:
- Delay of 272 days in filing the Special Leave Petition
- Learned Additional Solicitor General heard on merits
- Delay condoned
- Special Leave Petition dismissed
- Pending application(s) disposed of