M/S. THE BANK OF TOKYO-MITSUBISHI, UFJ LTD.,NEW DELHI vs. DDIT, NEW DELHI

ITA 3708/DEL/2014Status: DisposedITAT Delhi13 August 2025AY 2006-0726 pages
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What did the Tribunal hold?

The Tribunal allowed the assessee's ground regarding the disallowance of salaries paid to expatriates, following previous High Court and Supreme Court decisions on identical facts. The Tribunal also referred to a prior order for AY 2005-06 which had rejected the Revenue's identical contentions regarding MAT.

What were the facts?

The assessee, a bank, appealed against the disallowance of salaries paid overseas to expatriates working in India and the applicability of MAT provisions. The Revenue also filed an appeal against the deletion of additions made by the AO.

What were the issues?

Whether salaries paid to expatriates working for the Indian PE are deductible and whether MAT provisions are applicable to the assessee bank.

Which sections of the Income-tax Act were involved?

Section 115JB,Section 44C

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Income Tax Appellate Tribunal, DELHI BENCH ‘D NEW DELHI

Before: SHRI SATBEER SINGH GODARA & SHRI S. RIFAUR RAHMAN

Heard together (2 matters)

ITA No. 3708/Del/2014
ITA No. 3756/Del/2014

Read from the judgment's own cause title. This page is filed under one of them.

PER SATBEER SINGH GODARA, J.M:

These assessee's and Revenue's cross appeals ITA Nos.3708/Del/2014 & ITA Nos.3756/Del/2014, respectively, for A.Y. 2006-07, arise against Commissioner of Income-tax (Appeals)-XXV, New Delhi's order dated 31.03.2024 [Appeal No. 78/2010-11 (Old A. No. 135/2008-09, CIT(A)-XXIX)], in proceedings u/s 1

The order continues below.

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