2024 (1) TMI 222 - SCH - Income Tax

Scope of of Sections 44BB(1) and 44BB(2) - computation of the presumptive taxable income of the assessee - 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 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 - There is gross delay of 294 days and 303 days in filing SLPs As stated at the Bar that this Special Leave Petition could be disposed of in terms of the order of this Court passed in 2023 (11) TMI 90 - SC ORDER Following the said order arising out of proceedings against the same Assessee, the special leave petitions are dismissed both on the ground of delay as well as on merits.

Summary

The Supreme Court dismissed two Special Leave Petitions due to significant delays of 294 and 303 days in filing, following a previous order in a related case against the same respondent. The petitions were dismissed on grounds of delay and merits, with pending applications disposed of.