Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
ITAT ruled in favor of a UAE-based banking company regarding deductibility of head office expenses allocated to its Indian branches in Mumbai and New Delhi. Pre-amended Article 7(3) of India-UAE DTAA allowed full deduction of PE-attributable expenses without domestic law restrictions under Section 44C. The Tribunal held that express treaty provisions override domestic law, permitting full expense deduction before the Protocol amendment introduced domestic law limitations. Additionally, expenses incurred outside India specifically for Indian branches were deemed fully deductible under Section 37(1), falling outside Section 44C's scope which only covers common expenses shared between head office and branches. The ruling followed precedents set in Credit Agricole Indosuez and American Express Bank cases.
ITAT ruled in favor of a UAE-based banking company regarding deductibility of head office expenses allocated to its Indian branches in Mumbai and New Delhi. Pre-amended Article 7(3) of India-UAE DTAA allowed full deduction of PE-attributable expenses without domestic law restrictions under Section 44C. The Tribunal held that express treaty provisions override domestic law, permitting full expense deduction before the Protocol amendment introduced domestic law limitations. Additionally, expenses incurred outside India specifically for Indian branches were deemed fully deductible under Section 37(1), falling outside Section 44C's scope which only covers common expenses shared between head office and branches. The ruling followed precedents set in Credit Agricole Indosuez and American Express Bank cases.
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