Foreign branch income, MAT and tax credit rules applied to a nationalised bank, with several issues remanded for verification.

Resident bank foreign branch income remained includible in Indian total income after section 90(3) and the relevant notification, with relief confined to admissible foreign tax credit on verification. Section 115JB applied to a nationalised bank because the bank was treated as a company under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, and the MAT regime was not excluded by the non obstante clause. Foreign branch profits were not excluded from book profit computation, while the adjustment for provision for bad and doubtful debts required limited factual verification. The disallowance under section 14A and the deduction claim for perpetual bond interest were remanded for fresh or de novo consideration.

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Issues: (i) Whether the profits of the assessee bank's foreign branches were taxable in India and, if so, whether foreign tax credit was admissible; (ii) whether Minimum Alternate Tax under section 115JB applied to a nationalised bank and whether foreign branch profits and provision for bad and doubtful debts were to be dealt with in the book profit computation; (iii) whether disallowance under section 14A required fresh adjudication; (iv) whether perpetual bond interest was allowable as deduction under section 36(1)(iii).

Issue (i): Whether the profits of the assessee bank's foreign branches were taxable in India and, if so, whether foreign tax credit was admissible.

Analysis: The earlier view that treaty-based taxation of income in the source State excluded taxation in India was held to stand displaced by the statutory scheme introduced by section 90(3) of the Income-tax Act, 1961 and Notification No. SO 2123(E) dated 28.08.2008. The foreign branch income of a resident assessee was held includible in Indian total income, while relief was confined to tax credit to the extent admissible under the relevant treaty and supported by particulars of taxes paid abroad.

Conclusion: The foreign branch profits were held taxable in India, and the assessee was held entitled only to admissible foreign tax credit on verification.

Issue (ii): Whether Minimum Alternate Tax under section 115JB applied to a nationalised bank and whether foreign branch profits and provision for bad and doubtful debts were to be dealt with in the book profit computation.

Analysis: The bank was held to be a company for the purposes of the Income-tax Act by virtue of section 11 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970. The non obstante clause in section 115JB was held not to exclude the bank from MAT. As regards foreign branch profits in book profit computation, the same principle as for normal taxation was applied. On provision for bad and doubtful debts, the matter was sent back only for factual verification whether the corresponding amount had been reduced from the asset side of the balance sheet, as that factual aspect was decisive under the applicable case law.

Conclusion: Section 115JB was held applicable to the assessee bank. Exclusion of foreign branch profits from book profit was rejected. The issue of provision for bad and doubtful debts was remanded for limited verification.

Issue (iii): Whether disallowance under section 14A required fresh adjudication.

Analysis: The issue was treated as requiring reconsideration in the light of the correct facts and binding precedents, as the lower authorities had not recorded categorical findings on the relevant factual controversy.

Conclusion: The matter was remanded to the Assessing Officer for fresh adjudication.

Issue (iv): Whether perpetual bond interest was allowable as deduction under section 36(1)(iii).

Analysis: The material on record was found insufficient to record a final finding on the precise terms of the instruments and whether they contained the element of refund or repayment essential to borrowing. The issue therefore could not be finally decided on merits at that stage.

Conclusion: The matter was remanded to the Commissioner (Appeals) for de novo adjudication.

Final Conclusion: The assessee succeeded only in part. The Tribunal upheld the substantive tax treatment of foreign branch profits and the applicability of MAT, granted only limited relief by way of foreign tax credit verification and factual examination of one MAT adjustment, and otherwise left some issues for fresh consideration or declined to interfere.

Ratio Decidendi: Where a resident assessee earns income abroad under a tax treaty, the income remains includible in Indian total income after section 90(3) read with the relevant notification, with relief confined to treaty or statutory tax credit; and a statutory deeming provision treating a nationalised bank as a company extends to MAT provisions unless the context clearly requires otherwise.

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