DCIT (IT)- 4(2)(1), MUMBAI vs. SHELF DRILLING F G MC CLINTOCK LTD., MUMBAI

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ITA 2540/MUM/2021Status: DisposedITAT Mumbai07 April 2022AY 2015-162 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the CIT(A)'s decision, agreeing that service tax should be excluded from the computation of presumptive profit under Section 44BB. This decision followed established High Court precedents.

What were the facts?

The Assessing Officer challenged the CIT(A)'s decision to exclude service tax from the amount paid for services related to mineral oil extraction when determining presumptive profit under Section 44BB. The assessee argued for the exclusion of service tax.

What were the issues?

Whether service tax should be included in the turnover for calculating presumptive profit under Section 44BB of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 44BB

AI-generated summary — verify with the full judgment below

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

1.

By way of this appeal, the Assessing Officer has challenged correctness of the order dated 02.09.2021 passed by the learned CIT(A)-58, Mumbai in the matter of assessment u/s.143(3) r.w.s 144C(3) of the Income Tax Act, 1961, for the assessment year 2015-16 on the following ground: “Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in excluding service tax from the amount paid or payable to, received or receivable by the assessee on account of the provision of services and facilities in connection with, or supply of plant and machinery on hire used, or to be used, in the prospecting for, or extraction or production of, mineral oils in India for the purpose of determining presumptive profit u/s.44BB of the Act?”

Assessment Year: 2015-16 Page 2 of 3 2. As learned representatives fairly agree, the issue in the appeal is covered, in favour of the assessee, by several decisions of Hon’ble High Courts, including in the cases of DIT Vs Mitchell Drilling International Pvt Ltd [(2015) 62 taxmann.24 (Del)], DIT Vs Schlumberger Asia Services Ltd [(2019) 104 taxmann.353 (Uttarakhand FB)] and PCIT Vs Boskalis International- Dredging International [24 ITXA 55-17 (Bom)]. The conclusions arrived at by the learned CIT(A), which are in harmony with the views so expressed by Hon’ble Courts above- including the Hon’ble jurisdictional High Court, cannot be faulted.

3.

We, therefore, see no reasons to take any other view of the matter than the view so taken by the several decisions of Hon’ble High Courts. Respectfully following the same, we approve the conclusions arrived at by the learned CIT(A) and decline to interfere in the matter.

4.

In the result, the appeal filed by the Revenue is dismissed. Pronounced in the open court today on the 7th day of April, 2022.

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