https://www.taxtmi.com/caselaws?id=470239 Treaty non-discrimination protection is presented as preventing the section 44C ceiling from restricting head-office expenses fairly attributable to an Indian permanent establishment where comparable domestic enterprises face no such restriction. The legal points also support deletion of disallowances where payment recipients paid tax, treat branch-to-head-office interest as internal and non-taxable, and allow directly attributable overseas operational expenses outside the head-office expense ceiling. Leasehold refurbishment and early-separation payments are treated as revenue expenditure. Section 115JA is considered inapplicable to a foreign banking company, exempt-income expenditure is restricted to 1% of exempt income, refund interest is taxable at the treaty rate after crystallisation, and income already offered to tax cannot be added again. en-us Mon, 13 Nov 2023 00:00:00 +0530 Tue, 21 Jul 2026 14:30:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=470239 Treaty non-discrimination protection is presented as preventing the section 44C ceiling from restricting head-office expenses fairly attributable to an Indian permanent establishment where comparable domestic enterprises face no such restriction. The legal points also support deletion of disallowances where payment recipients paid tax, treat branch-to-head-office interest as internal and non-taxable, and allow directly attributable overseas operational expenses outside the head-office expense ceiling. Leasehold refurbishment and early-separation payments are treated as revenue expenditure. Section 115JA is considered inapplicable to a foreign banking company, exempt-income expenditure is restricted to 1% of exempt income, refund interest is taxable at the treaty rate after crystallisation, and income already offered to tax cannot be added again. Case-Laws Income Tax Mon, 13 Nov 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=470239