ANZ GRINDLAYS BANK vs. DEPUTY COMMISSIONER OF INCOME TAX

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ITA/1351/2007HC DelhiDLHC01146863200727 April 2026Author: HON'BLE MR. JUSTICE VINOD KUMAR,HON'BLE MR. JUSTICE DINESH MEHTA3 pages
AI SummaryAllowed

What did the High Court hold?

The Delhi High Court allowed the appeal, holding that the issue was squarely covered by its previous judgment in ITA 32/2004, which was affirmed by the Supreme Court. The Court answered the framed question in the negative, in favor of the assessee. The reasoning was based on the precedent set by the High Court and Supreme Court in the assessee's own prior case. The impugned order of the ITAT dated 12.01.2007 was set aside to the extent of the question framed. The operative direction was to allow the appeal and set aside the ITAT's order concerning the specific issue. No issue was expressly left undecided.

What were the facts?

The assessee, ANZ Grindlays Bank, filed an appeal before the Delhi High Court challenging an order passed by the Income Tax Appellate Tribunal (ITAT). The assessment year is not explicitly stated, but the appeal was admitted in 2008. The core issue revolves around the deductibility of salaries paid to expatriate employees overseas, on which tax was paid as per CBDT Circular No. 685 dated 12.8.94. The revenue contested this deduction, citing Section 40(a)(iii) of the Income Tax Act, 1961, read with Article 7 of the Indo-UK Double Taxation Avoidance Treaty. The High Court had previously decided an identical issue in the assessee's own case in ITA 32/2004, which was subsequently affirmed by the Supreme Court.

What were the issues?

1. Whether the Income Tax Appellate Tribunal was correct in law in holding that salaries paid to expatriate employees overseas, on which tax was paid in accordance with CBDT Circular No. 685 dated 12.8.94, are not permissible as a deduction in the computation of taxable business income, in view of Section 40(a)(iii) of the Income Tax Act, 1961, read with Article 7 of the Indo-UK Double Taxation Avoidance Treaty? Assessee's Contentions: The assessee argued that the very same issue had been decided by the Delhi High Court in its own case (ITA 32/2004), and that the Supreme Court had affirmed this judgment. Therefore, the present appeal should be decided in its favor. Revenue's Contentions: The revenue's counsel was unable to dispute that the issue had already been decided by the Delhi High Court in the assessee's favor and affirmed by the Supreme Court.

Which sections of the Income-tax Act were involved?

Section 40(a)(iii)

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
$~272 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1351/2007 ANZ GRINDLAYS BANK .....Appellant Through: Ms. Shashi M Kapila, Mr. Parvesh Sharma & Mr. Sushil Kumar, Advs. versus DEPUTY COMMISSIONER OF INCOME TAX .....Respondent Through: Mr. Indruj Singh Rai, SSC with Mr.Sanjeev Menon, Mr. Rahul Singh, Ms Priya Sarkar, JSCs and Mr.Gaurav Kumar, Adv. CORAM: HON'BLE MR. JUSTICE DINESH MEHTA HON'BLE MR. JUSTICE VINOD KUMAR

O R D E R %

27.04.

2026 CM APPL. 27566/2026 (early hearing)

1.

An application seeking early hearing of the matter has been moved stating that the issue involved in the present appeal is squarely covered by the judgment of this Court in ITA 32/2004 titled as ANZ Grindlays Bank (now Standard Chartered Grindlays Bank Ltd.) v. Deputy Commissioner of Income Tax and Ors. which has been affirmed by Hon’ble the Supreme Court in SLP(C) No.26733/2016. 2. Considering that the matter pertains to the year 2007 and the case is otherwise covered, we allow the application.

3.

The matter is taken up for consideration today itself. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/04/2026 at 13:04:43

ITA 1351/2007

4.

While admitting the appeal, vide order dated 25.02.2008 was passed by a Coordinate Bench of this Court, the following question was framed:- “Whether the Income Tax Appellate Tribunal was right in law in holding that salaries paid to ex-patriate employees overseas on which tax was paid in accordance with Central board of Direct Taxes Circular No.685 dated 12.8.94, is not permissible as a deduction in computation of taxable business income in view of the provisions of Section 40(a)(iii) of the Income Tax Act, 1961 read with Article 7 of the Indo-UK Double Taxation Avoidance Treaty?”

5.

Learned counsel for the appellant submitted that the very same issue in appellant’s own case has been decided by this Court vide its judgment dated 01.03.2016 passed in ITA 32/2004. The relevant paragraph of said judgment is reproduced hereunder:

“19. It is also relevant to note that sub-clause (i) of clause (a) of Section 40 was further substituted by sub- clauses (i), (ia) and (ib) by virtue of Finance Act (No.2) w.e.f. 1 st April, 2005. However, the precondition for depositing the tax within the time prescribed under Section (i) of Section 200 was retained in sub-clause (i) and (ia). Thereafter, by virtue of Finance Act (No.2), 2014, sub clause (i) was further amended and the principal condition of depositing tax in respect of payments made in India was amended and instead of the precondition of depositing the tax within the time prescribed under Section 200 (i) of the Act, it was now stipulated that the tax be deposited "on or before the due date specified in sub section (i) of Section 139"”

6.

She further submitted that the department had preferred a Special Leave Petition against such judgment but the same has been disposed of in This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/04/2026 at 13:04:43

light of the tax effect involved in the appeal.

7.

Learned counsel for the respondent is not in a position to dispute that the very same issue stands decided by this Court vide judgment dated 01.03.2016, which has been affirmed by Hon’ble the Supreme Court as well.

8.

Hence, the present appeal is allowed in light of the order dated 01.03.2016 passed in the appellant’s own case. The question mentioned in paragraph no.5 above is answered in negative and in favour of the appellant- assessee. The impugned order dated 12.01.2007 passed by the Income Tax Appellate Tribunal, Bench “E”, New Delhi is set aside to the extent of the question framed.

9.

Consequences to follow.

10.

The appeal is allowed accordingly. DINESH MEHTA, J VINOD KUMAR, J APRIL 27, 2026 kk This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/04/2026 at 13:04:43

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