Section 44B is a special provision for computing profits and ...

Simplified taxation for non-resident shipping biz: 7.5% presumptive income sans GST.

Case Laws     Income Tax

November 21, 2024

Section 44B is a special provision for computing profits and gains of shipping business for non-residents at 7.5% of specified amounts like freight receipts. The issue was whether GST should be included in these specified amounts for computing presumptive income u/s 44B. It was held that Section 145A dealing with income computation and disclosure standards relates to valuation of inventory and cannot be extended to alter the computation mechanism u/s 44B. GST being a statutory levy cannot be considered part of the specified amounts u/s 44B(2), as it would amount to charging income tax on GST itself. Judicial precedents under the earlier service tax regime support excluding indirect taxes from such presumptive taxation provisions. Including GST would go against the intent of Section 44B which aims to simplify taxation for non-residents by avoiding complexities of normal provisions. Deduction for GST paid cannot be allowed u/s 43B if GST is included, as Section 44B overrides regular provisions. The minority DRP view upholding exclusion of GST for Section 44B was affirmed. Book profit u/s 115JB was held inapplicable due to Explanation 4A. Directions were issued regarding tax deducted at source and advance tax credit claims.

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