2025 (2) TMI 599 - AT - Income Tax

Foreign tax deduction beyond credit limits under Sections 90/91 prohibited by Section 40(a)(ii)

M/s. Zoho Corporation Private Limited Versus Deputy Commissioner of Income Tax, Corporate Circle-3 (2), Chennai.

M/s. Zoho Corporation Private Limited Versus Deputy Commissioner of Income Tax, Corporate Circle-3 (2), Chennai. - TMI ISSUES PRESENTED and CONSIDEREDThe primary issue in this case is whether the assessee is entitled to a deduction under Section 37(1) of the Income Tax Act for foreign taxes paid, which were not eligible for relief under Sections 90 and 91 of the Act. The case also examines whether the prohibition under Section 40(a)(ii) applies to these foreign taxes, thereby disallowing the deduction.ISSUE-WISE DETAILED ANALYSISRelevant Legal Framework and PrecedentsThe legal framework involves several sections of the Income Tax Act, 1961:Section 90 and 91: These sections provide relief from double taxation for taxes paid in foreign jurisdictions.Section 40(a)(ii): This section prohibits deductions for any sum paid on account of any rate or tax levied on the profits or gains of any business or profession.Section 37(1): This section allows deductions for any expenditure laid out or expended wholly and exclusively for the purposes of the business or profession, except those prohibited by other sections.Precedents considered include decisions from the ITAT Ahmedabad Bench, the Bombay High Court, and the Supreme Court, among others, which have interpreted these sections in various contexts.Court's Interpretation and ReasoningThe Tribunal examined the statutory provisions and relevant judicial precedents to determine whether the foreign taxes paid by the assessee could be deducted under Section 37(1). The Court noted that Sections 90 and 91 explicitly provide for relief from double taxation, and any excess foreign tax not covered by these sections cannot be claimed under Section 37(1) due to the prohibition in Section 40(a)(ii).Key Evidence and FindingsThe assessee initially claimed a foreign tax credit under Sections 90/91 but later sought to claim the excess amount as a deduction under Section 37(1). The Tribunal found that the statutory provisions and judicial precedents do not support this claim, as Section 40(a)(ii) explicitly disallows deductions for taxes levied on profits or gains.Application of Law to FactsThe Tribunal applied the statutory provisions to the facts, concluding that the foreign taxes paid by the assessee, which were not eligible for relief under Sections 90/91, could not be deducted under Section 37(1) due to the prohibition in Section 40(a)(ii). The Tribunal emphasized that the legislative intent is clear in disallowing such deductions to prevent double claims.Treatment of Competing ArgumentsThe assessee argued that the prohibition in Section 40(a)(ii) does not apply to foreign taxes not eligible for relief under Sections 90/91. However, the Tribunal rejected this argument, citing the clear language of Section 40(a)(ii) and judicial precedents that support a broad interpretation of the prohibition on deductions for taxes levied on profits or gains.ConclusionsThe Tribunal concluded that the assessee's claim for deduction under Section 37(1) is not tenable due to the explicit prohibition in Section 40(a)(ii). The Tribunal upheld the decisions of the lower authorities, confirming that the assessee is not entitled to the claimed deduction.SIGNIFICANT HOLDINGSCore Principles EstablishedForeign taxes not eligible for relief under Sections 90/91 cannot be claimed as deductions under Section 37(1) due to the prohibition in Section 40(a)(ii).The legislative intent is to prevent double claims of deductions for taxes levied on profits or gains.The Tribunal emphasized the importance of adhering to the clear language of statutory provisions and the principles established by judicial precedents.Final Determinations on Each IssueThe Tribunal dismissed the assessee's appeal, confirming the lower authorities' decisions. The Tribunal held that the foreign taxes paid by the assessee, which were not eligible for relief under Sections 90/91, could not be deducted under Section 37(1) due to the prohibition in Section 40(a)(ii).