https://www.taxtmi.com/caselaws?id=71310 Section 79 can be restricted by the Indo-German tax treaty where a foreign-parented Indian subsidiary is placed at a disadvantage compared with an Indian-parented subsidiary; on that basis, loss carry-forward could not be denied if the German parent's shares were listed on a recognised German stock exchange, and the matter was remitted for limited verification. The disallowance of technical know-how expenditure under section 35AB was remitted for fresh adjudication because the foundational year's claim had not been properly argued and the record was incomplete. Expenditure on designing and planning a new factory layout was also remitted for de novo consideration, the record being insufficient to decide whether the claim was in substance a business loss arising from abandonment of capital work. en-us Wed, 21 Jan 2009 00:00:00 +0530 Wed, 01 Aug 2012 11:02:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=71310 Section 79 can be restricted by the Indo-German tax treaty where a foreign-parented Indian subsidiary is placed at a disadvantage compared with an Indian-parented subsidiary; on that basis, loss carry-forward could not be denied if the German parent's shares were listed on a recognised German stock exchange, and the matter was remitted for limited verification. The disallowance of technical know-how expenditure under section 35AB was remitted for fresh adjudication because the foundational year's claim had not been properly argued and the record was incomplete. Expenditure on designing and planning a new factory layout was also remitted for de novo consideration, the record being insufficient to decide whether the claim was in substance a business loss arising from abandonment of capital work. Case-Laws Income Tax Wed, 21 Jan 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=71310