2019 (12) TMI 1467

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.... Per Amarjit Singh, JM: The revenue has filed the present appeal against the order dated 24.07.2018 passed by the Commissioner of Income Tax (Appeals) -56, Mumbai [hereinafter referred to as the "CIT(A)"] relevant to the A.Y.2015-16. 2. The revenue has raised the following grounds: - "1) On the facts and circumstances of the case, ld. CIT(A) erred in holding that the service tax should be....

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.... assessment, the assessee has elected not to file the objections before the DRP and reserves the right to file an appeal before the CIT(A) on receipt of the final assessment order to be issued u/s 144C(3) of the Act. In the return of income, the assessee offered an amount of Rs. 52,69,18,790/- as its receipt on gross basis and has offered the same u/s 44BB on presumptive basis @ 10% of the same an....

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.... receipt for the purpose of computation of income u/s 44BB of the Act, therefore, the finding of the CIT(A) is not justifiable, hence, is liable to be set aside. However, on the other hand, the Ld. Representative of the assessee has strongly relied upon the order passed by the CIT(A) in question. Before going further, we deem it necessary to advert the finding of the CIT(A) on record.:- "5 On i....

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....he Mumbai Bench in the case of M/s. Weatherford Drilling Vs. DCIT in ITA. No.495/M/2017 dated 20.06.2018. However, on the other hand, the Ld. Representative of the Department has placed reliance upon the decision of the Mumbai Tribunal in the case of China Shipping Container Lines Vs. Assistant Director of Income Tax, Mumbai. No doubt, the law relied by the Ld. Representative of the revenue speaks....