Minimum alternate tax exclusions for pre-amendment banking companies and expatriate Indian branch salaries remain outside head office expenditure limi...
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The SC dismissed the appeals and disposed of the proceedings in accordance with the Board circular, remitting the matter for recalculation of penalty and refund insofar as a penalty was levied on the entire consignment. The Court held that the impugned order did not fall within the specific category under Clause (iv) of Paragraph 4 of the Circular because the directive concerned recomputation of penalty for a discrete transaction and did not directly require refund or construction of statutory provisions nor did it raise a recurring question of law. Consequently, the appeals were declined and the matter was remanded for reassessment and appropriate refund consistent with the Circular.
The SC dismissed the appeals and disposed of the proceedings in accordance with the Board circular, remitting the matter for recalculation of penalty and refund insofar as a penalty was levied on the entire consignment. The Court held that the impugned order did not fall within the specific category under Clause (iv) of Paragraph 4 of the Circular because the directive concerned recomputation of penalty for a discrete transaction and did not directly require refund or construction of statutory provisions nor did it raise a recurring question of law. Consequently, the appeals were declined and the matter was remanded for reassessment and appropriate refund consistent with the Circular.
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