ABN AMRO Bank NV v. ADIT

97 ITD 89Income Tax Appellate Tribunal2005#7706 most cited
15

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2025.

Sections most often in play

Section 115JBSection 25(1)Section 37Section 44CSection 7(3)Section 90(2)

Issues it is cited on

section 44csection 90(2)tax treatypermanent establishmentsection 40(a)(i)section 90section 195section 40(a)section 44section 37(1)section 19section 40

Judgments citing ABN AMRO Bank NV v. ADIT

M/S. MASHREQ BANK PSC.,MUMBAI vs. DDIT (IT) - 3(2), MUMBAI

In the result, the appeal is allowed, as indicated above

ITA 1342/MUM/2006[2002-2003]Status: DisposedITAT Mumbai06 Feb 2025AY 2002-2003

Bench: Justice (Retd.) C. V. Bhadangshri Saktijit Dey & Ms. Padmavathy Sassessment Year: 2002-03

Section 37Section 44C

…taxmann.com 555 d) Decision of Mumbai Tribunal in case of DDIT (IT)-2(1) Vs. Toyo Engineering Corp. (2012) 136 ITD 268 e) Decision of Kolkata Special Bench in case of ABM Amro Bank N.V. Vs. ADIT (IT)-1 & ADIT (IT)-1 Vs. Bank of Tokyo Mitsubishi Ltd. (2005) 97 ITD 89 f) Azadi Bachao Andolan (132 Taxman 373) (SC) g) Decision of Jaipur Bench ITAT in the case of ITO vs. Degremont International (1985) (11 ITD 564) h) Decision of Mumbai, ITAT in case of Credit Llyonnais Vs. DCIT (2004) (ITA Nos. 6539 & 6701/Bom/95 i) Decision of Delhi ITAT in the case of DDIT Vs. Unocol Bharat Ltd. (ITA No.1388/Del/2012), dated…

ADIT (I.T)-3(2), MUMBAI vs. M/S. THE BANK OF NOVA SCOTIA, MUMBAI

In the result, appeal of the assessee is partly allowed

ITA 651/MUM/2007[2002-2003]Status: DisposedITAT Mumbai21 Apr 2023AY 2002-2003

Bench: Shri Vikas Awasthy& Shri Amarjit Singh आअसं.6818/मुं/2006 ("न.व. 2002-03) The Bank Of Nova Scotia, Mittal Towers, B-Wing, Nariman Point, Mumbai 400 020. Pan: Aaacb-1536-H ...... अपीलाथ"/Appellant बनाम Vs. Deputy Director Of Income Tax (International Taxation)-3(2), Scindia House, Ballard Pier, Mumbai 400 038. ..... ""तवाद"/Respondent आअसं.651/मुं/2007 ("न.व. 2002-03) Adit(It)-3(2),Mumbai R. No.132, 1St Floor, N.M.Road, Mumbai – 400 038. ...... अपीलाथ"/Appellant बनाम Vs. The Bank Of Nova Scotia, Mittal Towers, B-Wing, Nariman Point, Mumbai 400 020. Pan: Aaacb-1536-H ..... ""तवाद"/Respondent

For Appellant: Shri Nishant Thakkar with Ms. Jasmin AmasadvalaFor Respondent: Shri Soumendu Kumar Dash
Section 14ASection 36(1)(vii)Section 40Section 44C

…assessee. The Assessing Officer held that Indian branch of the assessee was liable to deduct withholding tax on the interest payment. In first appellate proceedings, the CIT(A) following the decision of Special Bench in the case of ABN AMRO Bank NV vs. ADIT, 97 ITD 89 (Kol)(SB) held that interest payment made by the Indian PE to Head Office is not allowable as deduction. Thus, the CIT(A) upheld the disallowance but for the different reason. The Revenue in ground No.3 of appeal has assailed the findings of the CIT(A) in rejecting the reason given by Assessing Officer for making disallowance u/s. 40(a)(ia) of the…

M/S. THE BANK OF NOVA SCOTIA,MUMBAI vs. DDIT (I.T) - 3(20, MUMBAI

In the result, appeal of the assessee is partly allowed

ITA 6818/MUM/2006[2002-2003]Status: DisposedITAT Mumbai21 Apr 2023AY 2002-2003

Bench: Shri Vikas Awasthy& Shri Amarjit Singh आअसं.6818/मुं/2006 ("न.व. 2002-03) The Bank Of Nova Scotia, Mittal Towers, B-Wing, Nariman Point, Mumbai 400 020. Pan: Aaacb-1536-H ...... अपीलाथ"/Appellant बनाम Vs. Deputy Director Of Income Tax (International Taxation)-3(2), Scindia House, Ballard Pier, Mumbai 400 038. ..... ""तवाद"/Respondent आअसं.651/मुं/2007 ("न.व. 2002-03) Adit(It)-3(2),Mumbai R. No.132, 1St Floor, N.M.Road, Mumbai – 400 038. ...... अपीलाथ"/Appellant बनाम Vs. The Bank Of Nova Scotia, Mittal Towers, B-Wing, Nariman Point, Mumbai 400 020. Pan: Aaacb-1536-H ..... ""तवाद"/Respondent

For Appellant: Shri Nishant Thakkar with Ms. Jasmin AmasadvalaFor Respondent: Shri Soumendu Kumar Dash
Section 14ASection 36(1)(vii)Section 40Section 44C

…assessee. The Assessing Officer held that Indian branch of the assessee was liable to deduct withholding tax on the interest payment. In first appellate proceedings, the CIT(A) following the decision of Special Bench in the case of ABN AMRO Bank NV vs. ADIT, 97 ITD 89 (Kol)(SB) held that interest payment made by the Indian PE to Head Office is not allowable as deduction. Thus, the CIT(A) upheld the disallowance but for the different reason. The Revenue in ground No.3 of appeal has assailed the findings of the CIT(A) in rejecting the reason given by Assessing Officer for making disallowance u/s. 40(a)(ia) of the…

DEPUTY COMM. OF INCOME TAX (IT)-3(2)(2), MUMBAI vs. M/S MIZUHO BANK LIMITED, MUMBAI

In the result the grounds no

ITA 2872/MUM/2022[2013-2014]Status: DisposedITAT Mumbai17 Jan 2023AY 2013-2014

Bench: Shri Aby T Varkey & Shri Amarjit Singh

For Appellant: Soumendu Kumar DashFor Respondent: Mehul Talera
Section 163Section 40

…ent entities as per the domestic law as well as DTAA, therefore, disallowed the interest payment for non-deduction of tax under Section 40(a) (ia). We found that issue is squarely covered by the decision of the ITAT Special Bench in the case of ABN Amro Bank, 97 ITD 89. Recently the issue is also dealt by the ITA No.3282/09, CO46/13 & ITA No 602/2013 7 ITAT Special Bench at Mumbai in the case of Sumitomo Mitsu Banking Corp. 136 ITD 66 (Mum)(SB), wherein it has been held interest paid by the Indian Branch of the assessee bank to its overseas head office is not chargeable to tax in India. It was further held that t…

DEPUTY COMM. OF INCOME TAX (IT)-3(2)(2, MUMBAI vs. M/S MIZUHO BANK LIMITED, MUMBAI

In the result the grounds no

ITA 2870/MUM/2022[2015-2016]Status: DisposedITAT Mumbai17 Jan 2023AY 2015-2016

Bench: Shri Aby T Varkey & Shri Amarjit Singh

For Appellant: Soumendu Kumar DashFor Respondent: Mehul Talera
Section 163Section 40

…ent entities as per the domestic law as well as DTAA, therefore, disallowed the interest payment for non-deduction of tax under Section 40(a) (ia). We found that issue is squarely covered by the decision of the ITAT Special Bench in the case of ABN Amro Bank, 97 ITD 89. Recently the issue is also dealt by the ITA No.3282/09, CO46/13 & ITA No 602/2013 7 ITAT Special Bench at Mumbai in the case of Sumitomo Mitsu Banking Corp. 136 ITD 66 (Mum)(SB), wherein it has been held interest paid by the Indian Branch of the assessee bank to its overseas head office is not chargeable to tax in India. It was further held that t…

DEPUTY COMM. OF INCOME TAX (IT)-3(2)(2), MUMBAI vs. M/S MIZUHO BANK LIMITED, MUMBAI

In the result the grounds no

ITA 2869/MUM/2022[2016-2017]Status: DisposedITAT Mumbai17 Jan 2023AY 2016-2017

Bench: Shri Aby T Varkey & Shri Amarjit Singh

For Appellant: Soumendu Kumar DashFor Respondent: Mehul Talera
Section 163Section 40

…ent entities as per the domestic law as well as DTAA, therefore, disallowed the interest payment for non-deduction of tax under Section 40(a) (ia). We found that issue is squarely covered by the decision of the ITAT Special Bench in the case of ABN Amro Bank, 97 ITD 89. Recently the issue is also dealt by the ITA No.3282/09, CO46/13 & ITA No 602/2013 7 ITAT Special Bench at Mumbai in the case of Sumitomo Mitsu Banking Corp. 136 ITD 66 (Mum)(SB), wherein it has been held interest paid by the Indian Branch of the assessee bank to its overseas head office is not chargeable to tax in India. It was further held that t…

DEPUTY COMM. OF INCOME TAX (IT)-3(2)(2) , MUMBAI vs. M/S MIZUHO BANK LIMITED, MUMBAI

In the result the grounds no

ITA 2868/MUM/2022[2017-2018]Status: DisposedITAT Mumbai17 Jan 2023AY 2017-2018

Bench: Shri Aby T Varkey & Shri Amarjit Singh

For Appellant: Soumendu Kumar DashFor Respondent: Mehul Talera
Section 163Section 40

…ent entities as per the domestic law as well as DTAA, therefore, disallowed the interest payment for non-deduction of tax under Section 40(a) (ia). We found that issue is squarely covered by the decision of the ITAT Special Bench in the case of ABN Amro Bank, 97 ITD 89. Recently the issue is also dealt by the ITA No.3282/09, CO46/13 & ITA No 602/2013 7 ITAT Special Bench at Mumbai in the case of Sumitomo Mitsu Banking Corp. 136 ITD 66 (Mum)(SB), wherein it has been held interest paid by the Indian Branch of the assessee bank to its overseas head office is not chargeable to tax in India. It was further held that t…

DEPUTY COMMISSIONER OF INCOME TAX (IT)-3(2)(2), MUMBAI vs. M/S MIZUHO BANK LIMITED, MUMBAI

In the result the grounds no

ITA 2867/MUM/2022[2012-2013]Status: DisposedITAT Mumbai17 Jan 2023AY 2012-2013

Bench: Shri Aby T Varkey & Shri Amarjit Singh

For Appellant: Soumendu Kumar DashFor Respondent: Mehul Talera
Section 163Section 40

…ent entities as per the domestic law as well as DTAA, therefore, disallowed the interest payment for non-deduction of tax under Section 40(a) (ia). We found that issue is squarely covered by the decision of the ITAT Special Bench in the case of ABN Amro Bank, 97 ITD 89. Recently the issue is also dealt by the ITA No.3282/09, CO46/13 & ITA No 602/2013 7 ITAT Special Bench at Mumbai in the case of Sumitomo Mitsu Banking Corp. 136 ITD 66 (Mum)(SB), wherein it has been held interest paid by the Indian Branch of the assessee bank to its overseas head office is not chargeable to tax in India. It was further held that t…

DCIT (IT) 2(1)(1), MUMBAI vs. CREDIT SUISSE AG, MUMBAI

In the result, appeal of the Revenue is dismissed and Cross

ITA 14/MUM/2019[2015-16]Status: DisposedITAT Mumbai04 Aug 2022AY 2015-16
Section 143(3)Section 5(2)Section 9(1)(vii)

…assessee's claim for deduction on account of interest payable by its Indian branches to the head office was squarely covered against the assessee by the decision of Kolkatta Special Bench of ITAT in the case of ABN Amro Bank NV v. Asstt. DIT [2005] 98 TTJ 295/97 ITD 89 wherein it was held that identity of head office and the branch being same, there cannot be any expenditure in case of Indian branches for the interest payable to the head office. Following the said decision of the Tribunal in the case of ABN Amro Bank NV (supra), he held that interest payable by the Indian branches of the assessee bank to its head…

DCIT (IT) 3(1)(1) , MUMBAI vs. ANTWERP DIAMOND BANK NV, MUMBAI

In the result appeal filed by the revenue is dismissed

ITA 2759/MUM/2019[2014-15]Status: DisposedITAT Mumbai01 Dec 2020AY 2014-15
Section 195Section 40Section 9(1)(v)Section 9(1)(vi)

…in the hand of H.O. under the Income Tax Act and therefore not offered to tax as income of the H.O. The AO disallowed the same on the ground that the decision of the ITAT in the case of Mitsui Bank [35 TTJ 426] and ITAT, Calcutta in the case of ABN AMRO Bank [97 ITD 89] and also that the DRP has disallowed the same in AYs. 2006-07 & 2007-08 though the credit of TDS deducted of Rs. 1,21,04,206/- u/s. 195 of the Act was allowed which was deducted in terms of Circular No. 740, dt. 17-04-1996 @ 10% under Article 11(2) of Tax Treaty between India and Belgium. 3.1. At the outset, Ld. Counsel for the assessee submitted…

DCIT (IT) 1(1)(2), MUMBAI vs. ANTWERP DIAMOND BANK NV., MUMBAI

In the result, appeals filed by the Revenue are dismissed in terms indicated hereinabove"

ITA 678/MUM/2018[2013-14]Status: DisposedITAT Mumbai28 Mar 2019AY 2013-14

Bench: Shri Mahavir Singh, Jm & Shri G. Manjunatha, Am

Section 40Section 9

…in the hand of H.O. under the Income Tax Act and therefore not offered to tax as income of the H.O. The AO disallowed the same on the ground that the decision of the ITAT in the case of Mitsui Bank [35 TTJ 426] and ITAT, Calcutta in the case of ABN AMRO Bank [97 ITD 89] and also that the DRP has disallowed the same in AYs. 2006-07 & 2007-08 though the credit of TDS deducted of Rs. 1,21,04,206/- u/s. 195 of the Act was allowed which was deducted in terms of Circular No. 740, dt. 17-04-1996 @ 10% under Article 11(2) of Tax Treaty between India and Belgium. 3.1. At the outset, Ld. Counsel for the assessee submitted…

M/S. STANDARD CHARTERED GRINDLAYS PTY LIMITED,NEW DELHI vs. DDIT, NEW DELHI

ITA 3459/DEL/2014[1996-97]Status: DisposedITAT Delhi25 Oct 2018AY 1996-97

Bench: Shri O.P.Kant & Shri Kuldip Singh

For Appellant: Smt. Shashi M, Kapila, P. Sharma, AdvFor Respondent: Shri G.K.Dhall, CIT-DR
Section 143(3)Section 2Section 271(1)(c)Section 274Section 274(2)(b)Section 36Section 4

…vision made u/s 36(1) (viia)? (c) Whether the Ld. Tribunal was right in law in disallowing the interest paid by the Appellant Bank to Head Office of ANZ Grindlays London by following the Special Bench order in the case of ABN Amro Bank vs. CIT(A) reported in 97 ITD 89? (d) Whether the Ld. ITAT has erred in omitting to make the interest paid on foreign currency deposit was ……..with the approval of the RBI and hence was exempt from tax in accordance with the provisions of section …..(15)(iv)(fa) of the Income Tax Act, 1961 and hence did not attract tax deduction at source provisions ?” 7. Perusal of the aforesai…

DCIT (IT) 3(2)(2), MUMBAI vs. MIZUHO CORPORATE BANK LTD., MUMBAI

The appeal of the revenue is dismissed

ITA 4710/MUM/2016[2008-09]Status: DisposedITAT Mumbai13 Aug 2018AY 2008-09

Bench: Shri Shamim Yahya, Am & Shri Ravish Sood, Jm

For Appellant: Shri M.V Rajguru, D.RFor Respondent: None
Section 143(2)Section 143(3)Section 163(1)(c)Section 40Section 9(1)(v)

…s. M/s Mizuho Corporate Bank Ltd. – A.Y. 2007-08 & 2008-09 same was in the nature of a payment to self. The A.O while concluding as hereinabove, took support of the order of the ‘Special Bench’ of the Tribunal in the case of ABN Amro Bank N.V. Vs. ADIT (2005) 97 ITD 89 (SB). Still further, the A.O held a conviction that as the source of the interest income earned by the head office was the latters branch office in India, thus the same as per Sec. 9(1)(v)(c) of the Act having deemed to have accrued or arisen in India, was therefore taxable in India as per the domestic law i.e. the Income Tax Act, 1961. It was furt…

M/S CHINA TRUST COMMERCIAL BANK,NEW DELHI vs. ADIT, NEW DELHI

In the result ground No. 3

ITA 1257/DEL/2011[2006-07]Status: PendingITAT Delhi26 Dec 2017AY 2006-07

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishichina Trust Commercial Bank, Vs. Adit, A-1/16, Wenger House, Circle-1(1), Connaught Place, New Delhi International Taxation, Pan:Aaacc4000B New Delhi (Appellant) (Respondent)

For Appellant: Shri KVS Gupta, AdvFor Respondent: Shri TM Shiva Kumar, CIT DR
Section 115Section 115JSection 143(3)Section 14ASection 44C

…rrowed from its head office the sums and paid interest of Rs. 84.56 lacs and deducted tax at source of Rs. 17.93 lacs. The ld Assessing Officer disallowed the above interest relying on the decision of Special Bench of ITAT, Kolkata of Tokyo Mitsubishi Vs. CIT 97 ITD 89 holding that interest paid to self is not allowable as deduction. The ld AO was of the view that branch is paying interest to its head office and this branch is part of that head office and therefore, it amounts to interest paid to self, hence, not allowable. The ld CIT(A) confirmed the above disallowance and therefore, assessee is in appeal before…

DDIT (IT) 1(2), MUMBAI vs. CREDIT LYONNAIS (THROUGH THERI SUCCESSOR CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK ( FORMERLY CALYON BANK), MUMBAI

The appeal of the Revenue is dismissed, the Cross Objection filed by the assessee is allowed

ITA 2714/MUM/2011[2003-0.4]Status: DisposedITAT Mumbai30 Oct 2015
For Appellant: Shri Madhur AgarwalFor Respondent: Shri Hari Govind
Section 143(3)Section 271(1)(c)Section 80G

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “K”, MUMBAI BEORE SHRI G.S.PANNU, ACCOUNTANT MEMBER AND SHRI SANDEEP GOSAIN, JUDICIAL MEMBER Asst.Director of Income Tax- (International Taxation)-(2), 119, Scindia House, Ballard Pier, Mumbai 400 038 ... Appellant Vs. Credit Lyonnais, (through their sucessors Credit Agricole Corporate And Investment Bank, (formerly Calyon Bank) 11th, 12th, 14th Floor, Hoechast House, Nariman Point, Mumbai 400 038 PAN : AAACC144J ...... Respondent C.O.NO.180/MUM/2011(Arising out of ITA No. 2714/MUM/2011, Assessment Year : 2003-04) Credit Lyonnais, Mumbai. ...Cross Objector V…