2014 (1) TMI 191 - AT - Income Tax

Tribunal Decision: Appeal partly allowed, interest income deleted, expenses allowed.

Oman International Bank SAOG Versus Dy. Director of Income Tax (International Taxation)

Oman International Bank SAOG Versus Dy. Director of Income Tax (International Taxation) - TMI Issues Involved:1. Taxability of interest received from Head Office.2. Disallowance of interest paid to Head Office under section 40(a)(i).3. Disallowance of transaction charges on Nostro Account under section 40(a)(i).4. Deduction of expenses incurred by Head Office for Indian branches under section 37.5. Disallowance of expenses incurred on an employee deputed to India.6. Taxation of year-end provision for expenses.7. Reversal of excess provision taxed in the previous year.8. Granting of refund determined under the assessment order.9. Interest on refund under section 244A.10. Carry forward of business loss and unabsorbed depreciation.Detailed Analysis:1. Taxability of Interest Received from Head Office:The assessee, a non-resident bank with branches in India, credited Rs. 24,14,208/- as interest received from its Head Office in its profit and loss account but reduced this amount from taxable income, claiming it as non-taxable since it was interest received from self. The AO disagreed and included the interest in taxable income. The Dispute Resolution Panel (DRP) upheld the AO's decision. However, the Tribunal referenced a previous decision in the assessee's own case and the Special Bench decision in Sumitomo Mitsui Banking Corporation, concluding that interest received from the Head Office does not give rise to taxable income in India. Thus, the addition of Rs. 24,14,208/- was deleted.2. Disallowance of Interest Paid to Head Office under Section 40(a)(i):The assessee added back Rs. 1,37,58,736/- of interest paid to its Head Office, stating it was not claimed as a deduction. The AO accepted this but disallowed the deduction under section 40(a)(i) due to non-deduction of TDS. The Tribunal confirmed no deduction is to be allowed for the interest paid to the Head Office, emphasizing the need for AO to verify that no double disallowance occurs if the assessee itself made the disallowance.3. Disallowance of Transaction Charges on Nostro Account under Section 40(a)(i):The AO disallowed Rs. 4,20,438/- of transaction charges on Nostro Account under section 40(a)(i). The Tribunal noted that similar issues in previous years were decided in favor of the assessee, recognizing these charges as bank charges for maintaining accounts outside India and not subject to TDS. Thus, the disallowance was deleted.4. Deduction of Expenses Incurred by Head Office for Indian Branches under Section 37:The AO disallowed Rs. 7,32,941/- claimed as expenses incurred by the Head Office for Indian branches, treating them under section 44C. The Tribunal referenced previous decisions, including the jurisdictional High Court's ruling, which allowed such expenses under section 37(1). Consequently, the disallowance was deleted.5. Disallowance of Expenses Incurred on an Employee Deputed to India:The AO treated Rs. 17,42,363/- incurred on an employee deputed to India as Head Office expenses. The Tribunal found that the employee worked full-time in India and his salary was taxed in India. Thus, the expenses were allowed under section 37, not section 44C.6. Taxation of Year-End Provision for Expenses:The AO added back Rs. 2,47,180/- as excess provision for expenses. The Tribunal upheld this but directed that the amount should not be taxed again in subsequent years when reversed.7. Reversal of Excess Provision Taxed in the Previous Year:The AO failed to reduce Rs. 58,948/- from total income, which was previously taxed. The Tribunal directed the AO to verify and allow the deduction if already taxed in the preceding year.8. Granting of Refund Determined under the Assessment Order:The AO did not grant a refund of Rs. 6,85,010/- despite DRP's directions. The Tribunal directed the AO to comply with the DRP's directions and grant the refund after verification.9. Interest on Refund under Section 244A:The AO granted interest on refund only till the date of the assessment order. The Tribunal directed the AO to grant interest till the date of receipt of the refund order, per DRP's directions.10. Carry Forward of Business Loss and Unabsorbed Depreciation:The AO did not follow DRP's direction to examine and allow the carry forward of business loss and unabsorbed depreciation. The Tribunal restored the issue to the AO for verification and proper allowance.Cross-Objection by Department:The Tribunal dismissed the department's cross-objection, stating that the department cannot file cross-objections against the assessment order.Conclusion:The appeal of the assessee was partly allowed, and the cross-objection by the department was dismissed. The Tribunal directed the AO to follow the DRP's directions and verify claims where necessary.