OCEANEERING INTERNATIONAL GMBH,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME-TAX (INTERNATIONAL TAXATION) RANGE 3(2)(2), MUMBAI

ITA 6705/MUM/2025Status: DisposedITAT Mumbai12 December 2025AY 2023-2419 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that GST collected by the assessee on behalf of the government is not to be included in the taxable income under Section 44BB. This is because GST is a statutory levy collected in a fiduciary capacity and not part of the consideration for the carriage of goods or services.

What were the facts?

The assessee, Oceaneering International GmbH, appealed an order concerning the inclusion of Goods and Services Tax (GST) in the computation of income under Section 44BB of the Income Tax Act. This was a recurring issue previously decided in favour of the assessee.

What were the issues?

Whether GST collected by a non-resident shipping company is to be included in the computation of income under the presumptive taxation provisions of Section 44BB of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 44BB,Section 145A

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(5)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, MUMBAI “I” BENCH : MUMBAI

Before: SHRI VIKRAM SINGH YADAV & SHRI SANDEEP SINGH KARHAIL

PER VIKRAM SINGH YADAV, A.M : This is an appeal filed by assessee against the order of the Assessing Officer (AO) passed u/s.143(3) r.w.s.144C(13) of the Income Tax Act, 1961 ('the Act'), dated 19-08-2025, consequent to the directions given by the Dispute Resolution Panel [DRP-2], Mumbai-2, dated 02-07-2025, pertaining to Assessment Year (AY) 2023-24. 2. The limited issue under consideration relates to whether Goods and Service Tax (GST) is to be included while computing the income of the assessee in terms of

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 44BB

All 388 judgments and leading authorities on Section 44BB →

Recent GST High Court judgments

Search GST case law →