CIT v. Emirates Commercial Bank Ltd.

262 ITR 55High Court2003#2169 most cited

What is CIT v. Emirates Commercial Bank Ltd. authority for?

Section 44C of the Income Tax Act does not apply to expenses exclusively incurred by a foreign bank's branch office in India. The provision applies only to common head office expenses that require allocation across various entities.

53

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2009 to 2026.

Also referred to as

CIT v. Emirates Commercial Bank Ltd. · Section 44C · head office expenses · branch expenses India · non-resident foreign bank · expenditure allocation · common expenses · exclusively incurred expenses · scope of Section 44C

Sections most often in play

Section 44CSection 115ASection 143(3)Section 10BSection 115A of the Income Tax ActSection 115JBSection 143(2)Section 144B(8)

Issues it is cited on

section 44csection 293section 40a(i)section 10(5)section 32asection 9(1)(v)section 74section 73section 42section 32(1)(iia)initial assessment yearsection 72

Judgments citing CIT v. Emirates Commercial Bank Ltd.

Australia and New Zealand Banking Group Ltd., Mumbai vs. DCIT (It)-1(1)(2), Mumbai

In the result, appeal of the assessee is allowed

ITA 7487/MUM/2018[2014-15]Status: DisposedITAT Mumbai12 Feb 2026AY 2014-15

Bench: Shri Saktijit Dey, Hon'Ble & Shri Girish Agrawalassessment Year: 2014-15 Australia & New Zealand Deputy Commissioner Of Banking Group Ltd. Income-Tax – 1(1)(2), Unit A, Sixth Floor, Mumbai Cnergy Centre, Appasaheb Marathe Marg, Vs. Prabhadevi, Mumbai – 400 025 (Pan : Aaica3008P) (Appellant) (Respondent) Present For: Assessee : Shri Madhur Agrawal, Advocate Revenue : Shri Annavaram K., Sr. Dr Date Of Hearing : 14.11.2025 Date Of Pronouncement : 12.02.2026 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Final Assessment Order Passed Pursuant To The Directions Of The Dispute Resolution Panel-1, Mumbai, (Drp) Vide Order Dated 04.09.2018 U/S. 144C(5) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), For Assessment Year 2014-15. 2. Grounds Taken By The Assessee Are Reproduced As Under: Ground 1: Determination Of The Arm'S Length Price (Alp) Of The International Transaction Relating To Processing Fees Received On Account Of Guarantees Issued To Indian Companies Based On Counter-Guarantee From Overseas Branches

For Appellant: Shri Madhur Agrawal, AdvocateFor Respondent: Shri Annavaram K., Sr. DR
Section 133(6)Section 144C(5)Section 92C

…part of allocation of general and administrative expenses, hence out of purview of section 44C. 10.3. In this regard, reference is made to the decision of Hon'ble Jurisdictional High Court of Bombay in the case of CIT vs. Emirates Commercial Bank Ltd. [2003] 262 ITR 55 (Bom) wherein it was observed that the expenditure that was covered u/s.44C is of a common nature which is incurred for various branches or which is incurred for the head office or the branch. Hon'ble Court was concerned with the expenditure exclusively incurred for the branch and thus, held that section 44C had no application. Another decision by…

DDIT, New Delhi vs. M/S. the Bank of Tokyo Mitsubishi Ufj Ltd., New Delhi

Appeal is dismissed

ITA 3756/DEL/2014[2006-07]Status: DisposedITAT Delhi13 Aug 2025AY 2006-07

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanasstt. Yr.: 2006-07

Section 115JSection 143(3)Section 44CSection 90

…mpugned common order referred to and relied upon the decision of its coordinate bench at Kolkata in ABN Amro Bank v. JCIT (2005)97 ITD 1(ITAT (Kol). Further the ITAT followed the decision of the Bombay High Court in CIT v. Emirates Commercial Bank Ltd. (2003) 262 ITR 55 (Bom.) where the Bombay High Court approved the view taken by the ITAT. The ITAT agreed that the expenses have been incurred wholly and exclusively by the Indian branch and therefore no part of these expenses can be allocated to any other branch and the HO and that there was no dispute with regard to the non-applicability of Section 44C of the Act…

M/S. the Bank of Tokyo-Mitsubishi, Ufj Ltd., New Delhi vs. DDIT, New Delhi

ITA 3708/DEL/2014[2006-07]Status: DisposedITAT Delhi13 Aug 2025AY 2006-07

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahman

Section 115JSection 143(3)Section 44CSection 90

…mpugned common order referred to and relied upon the decision of its coordinate bench at Kolkata in ABN Amro Bank v. JCIT (2005)97 ITD 1(ITAT (Kol). Further the ITAT followed the decision of the Bombay High Court in CIT v. Emirates Commercial Bank Ltd. (2003) 262 ITR 55 (Bom.) where the Bombay High Court approved the view taken by the ITAT. The ITAT agreed that the expenses have been incurred wholly and exclusively by the Indian branch and therefore no part of these expenses can be allocated to any other branch and the HO and that there was no dispute with regard to the non-applicability of Section 44C of the Act…

United Overseas Bank Limited, Mumbai vs. Assistant Commissioner of Income-Tax, Mumbai

The appeal of the assessee is partly allowed

ITA 3486/MUM/2023[2020-21]Status: DisposedITAT Mumbai21 Apr 2025AY 2020-21

Bench: Shri Pawan Singh, Jm & Ms Padmavathy S, Am

For Appellant: Shri Madhur Agarwal, ARFor Respondent: 09.04.2025
Section 143(2)Section 143(3)Section 144Section 144C(13)Section 147Section 153Section 270ASection 37Section 44C

…ffice expenses as per the Explanation (iv) are governed by section 44C, the exclusive head office expenses are deductible separately as per the regular provisions of the Act. The Hon'ble jurisdictional High Court in CIT v. Emirates Commercial Bank Ltd. [2003] 262 ITR 55 (Bom.) has held that section 44C has no application to the expenses exclusively incurred by the Branch Office in India. It has been specifically laid down: "In other words, section 44C seeks to impose a ceiling/restriction on Head Office expenses. However, section 44C contemplates allocation of expenses amongst various entities. That, the expendit…

Standard Chartered Grindlays Bank Ltd vs. Dy. Director of Income Tax & Ors

ITA/496/2018HC Delhi16 Jan 2025

Bench: HON'BLE MR. JUSTICE YASHWANT VARMA,HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

Section 36Section 44C

…exclusively India - centric were disallowable in law. For this Reliance was placed on the judgement of the Calcutta High Court in Rupenjuli Tea Company v. CIT [186 ITR 301] and Mumbai High Court in the case of CIT vs Abu Dhabi Commercial bank reported in 262 ITR 55 where the court have categorically held that 'head office' expenses which are incurred exclusively and ONLY for the Indian business were fully deductible for determining the Indian business profits. No parts of such expenses were disallowable. Reliance was also placed on the decision of the Special Bench of the ITAT in the case of Inspecting…

Director of Income Tax vs. Standard Chartered Grindalys Bank Ltd

ITA/615/2009HC Delhi19 Sept 2024

Bench: HON'BLE MR. JUSTICE YASHWANT VARMA,HON'BLE MR. JUSTICE RAVINDER DUDEJA

…exclusively India - centric were disallowable in law. For this Reliance was placed on the judgement of the Calcutta High Court in Rupenjuli Tea Company v. CIT [186 ITR 301] and Mumbai High Court in the case of CIT vs Ahu Dhabi Commercial bank reported in 262 ITR 55 where the court have categorically held that 'head office' expenses which are incurred exclusively and ONLY for the Indian business were fully deductible for determining the Indian business profits. No parts of such expenses were disallowable. Reliance was also placed on the decision of the Special Bench of the ITAT in the case of Inspecting…

Commissioner of Income Tax vs. Anz Grindlays Bank Ltd

ITA/1300/2007HC Delhi19 Sept 2024

Bench: HON'BLE MR. JUSTICE YASHWANT VARMA,HON'BLE MR. JUSTICE RAVINDER DUDEJA

…exclusively India - centric were disallowable in law. For this Reliance was placed on the judgement of the Calcutta High Court in Rupenjuli Tea Company v. CIT [186 ITR 301] and Mumbai High Court in the case of CIT vs Ahu Dhabi Commercial bank reported in 262 ITR 55 where the court have categorically held that 'head office' expenses which are incurred exclusively and ONLY for the Indian business were fully deductible for determining the Indian business profits. No parts of such expenses were disallowable. Reliance was also placed on the decision of the Special Bench of the ITAT in the case of Inspecting…

The Commissioner of Income Tax - International Taxation -3 vs. Standard Chartered Grindlays Ltd

ITA/387/2019HC Delhi19 Sept 2024

Bench: HON'BLE MR. JUSTICE YASHWANT VARMA,HON'BLE MR. JUSTICE RAVINDER DUDEJA

…exclusively India - centric were disallowable in law. For this Reliance was placed on the judgement of the Calcutta High Court in Rupenjuli Tea Company v. CIT [186 ITR 301] and Mumbai High Court in the case of CIT vs Ahu Dhabi Commercial bank reported in 262 ITR 55 where the court have categorically held that 'head office' expenses which are incurred exclusively and ONLY for the Indian business were fully deductible for determining the Indian business profits. No parts of such expenses were disallowable. Reliance was also placed on the decision of the Special Bench of the ITAT in the case of Inspecting…

Director of Income Tax vs. Standard Chartered Grindlays Bank Ltd

ITA/629/2009HC Delhi19 Sept 2024

Bench: HON'BLE MR. JUSTICE RAVINDER DUDEJA,HON'BLE MR. JUSTICE YASHWANT VARMA

…exclusively India - centric were disallowable in law. For this Reliance was placed on the judgement of the Calcutta High Court in Rupenjuli Tea Company v. CIT [186 ITR 301] and Mumbai High Court in the case of CIT vs Ahu Dhabi Commercial bank reported in 262 ITR 55 where the court have categorically held that 'head office' expenses which are incurred exclusively and ONLY for the Indian business were fully deductible for determining the Indian business profits. No parts of such expenses were disallowable. Reliance was also placed on the decision of the Special Bench of the ITAT in the case of Inspecting…

Bank of Nova Scotia, Mumbai vs. Deputy Commissioner of Income Tax (It)-1(2)(1), Mumbai

In the result, appeal of the assessee is allowed

ITA 863/MUM/2022[2013-14]Status: DisposedITAT Mumbai28 Feb 2024AY 2013-14

Bench: Shri Vikas Awasthy & Shri Amarjit Singhआअसं.4981/मुं/2017 (िन.व.2010-11) आअसं.3065/मुं/2018 (िन.व.2011-12) आअसं.820/मुं/2019(िन.व.2012-13) आअसं.863/मुं/2022 (िन.व.2013-14) The Bank Of Nova Scotia, Mittal Towers, B-Wing, Nariman Point, Mumbai 400 020. Pan: Aaacb-1536-H ...... अपीलाथ"/Appellant बनाम Vs. Additional Director Of Income Tax (International Taxation)-3,/Dcit (It) 1(2)(1)Mumbai Air India Building, Nariman Point, Mumbai 400 021 ....."ितवादी/Respondent आअसं.4899/मुं/2017 (िन.व. 2010-11) Dy. Commissioner Of Income Tax,(It)-1(2),Mumbai Room No.1811, 18Th Floor, Air India Building, Nariman Point, Mumbai 400 021 ...... अपीलाथ"/Appellant बनाम Vs. The Bank Of Nova Scotia, Mittal Towers, B-Wing, Nariman Point, Mumbai 400 020. Pan: Aaacb-1536-H ....."ितवादी/Respondent Assessee By : Shri Nishant Thakkar & Ms. Jasmin Amalsadvala, Advocates Revenue By : Shri Anil Sant, Sr. Ar

For Appellant: Shri Nishant Thakkar and Ms. Jasmin Amalsadvala, AdvocatesFor Respondent: Shri Anil Sant, Sr. AR

…sessee supporting the order of CIT(A) reiterated his submissions made before the First Appellate Authority. Further to buttress his argument the ld.Counsel for the assessee placed reliance on the following decisions: (i) CIT vs. Emirates Commercial Bank Ltd. 262 ITR 55(Bom) (ii) Doha Bank QSC vs. DCIT, 124 taxmann.com 70 (Mum) (iii) ADIT vs. Antwerp Diamond Bank NV Engg. Centre, 44 taxmmann.com 175(Mum) 15. On the other hand, the Ld. Departmental Representative placed reliance on the observations of the Assessing Officer. He submitted that head office expenses claimed by the assessee are not in the nature of…

The Bank of Nova Scotia, Mumbai vs. DCIT (It) -1(2)(1), Mumbai

In the result, appeal of the assessee is allowed

ITA 3065/MUM/2018[2011-12]Status: DisposedITAT Mumbai28 Feb 2024AY 2011-12

Bench: Shri Vikas Awasthy & Shri Amarjit Singhआअसं.4981/मुं/2017 (िन.व.2010-11) आअसं.3065/मुं/2018 (िन.व.2011-12) आअसं.820/मुं/2019(िन.व.2012-13) आअसं.863/मुं/2022 (िन.व.2013-14) The Bank Of Nova Scotia, Mittal Towers, B-Wing, Nariman Point, Mumbai 400 020. Pan: Aaacb-1536-H ...... अपीलाथ"/Appellant बनाम Vs. Additional Director Of Income Tax (International Taxation)-3,/Dcit (It) 1(2)(1)Mumbai Air India Building, Nariman Point, Mumbai 400 021 ....."ितवादी/Respondent आअसं.4899/मुं/2017 (िन.व. 2010-11) Dy. Commissioner Of Income Tax,(It)-1(2),Mumbai Room No.1811, 18Th Floor, Air India Building, Nariman Point, Mumbai 400 021 ...... अपीलाथ"/Appellant बनाम Vs. The Bank Of Nova Scotia, Mittal Towers, B-Wing, Nariman Point, Mumbai 400 020. Pan: Aaacb-1536-H ....."ितवादी/Respondent Assessee By : Shri Nishant Thakkar & Ms. Jasmin Amalsadvala, Advocates Revenue By : Shri Anil Sant, Sr. Ar

For Appellant: Shri Nishant Thakkar and Ms. Jasmin Amalsadvala, AdvocatesFor Respondent: Shri Anil Sant, Sr. AR

…sessee supporting the order of CIT(A) reiterated his submissions made before the First Appellate Authority. Further to buttress his argument the ld.Counsel for the assessee placed reliance on the following decisions: (i) CIT vs. Emirates Commercial Bank Ltd. 262 ITR 55(Bom) (ii) Doha Bank QSC vs. DCIT, 124 taxmann.com 70 (Mum) (iii) ADIT vs. Antwerp Diamond Bank NV Engg. Centre, 44 taxmmann.com 175(Mum) 15. On the other hand, the Ld. Departmental Representative placed reliance on the observations of the Assessing Officer. He submitted that head office expenses claimed by the assessee are not in the nature of…

Bank of Nova Scotia, Mumbai vs. Addl DIT (It) RG 3, Mumbai

In the result, appeal of the assessee is allowed

ITA 4981/MUM/2017[2010-11]Status: DisposedITAT Mumbai28 Feb 2024AY 2010-11

Bench: Shri Vikas Awasthy & Shri Amarjit Singhआअसं.4981/मुं/2017 (िन.व.2010-11) आअसं.3065/मुं/2018 (िन.व.2011-12) आअसं.820/मुं/2019(िन.व.2012-13) आअसं.863/मुं/2022 (िन.व.2013-14) The Bank Of Nova Scotia, Mittal Towers, B-Wing, Nariman Point, Mumbai 400 020. Pan: Aaacb-1536-H ...... अपीलाथ"/Appellant बनाम Vs. Additional Director Of Income Tax (International Taxation)-3,/Dcit (It) 1(2)(1)Mumbai Air India Building, Nariman Point, Mumbai 400 021 ....."ितवादी/Respondent आअसं.4899/मुं/2017 (िन.व. 2010-11) Dy. Commissioner Of Income Tax,(It)-1(2),Mumbai Room No.1811, 18Th Floor, Air India Building, Nariman Point, Mumbai 400 021 ...... अपीलाथ"/Appellant बनाम Vs. The Bank Of Nova Scotia, Mittal Towers, B-Wing, Nariman Point, Mumbai 400 020. Pan: Aaacb-1536-H ....."ितवादी/Respondent Assessee By : Shri Nishant Thakkar & Ms. Jasmin Amalsadvala, Advocates Revenue By : Shri Anil Sant, Sr. Ar

For Appellant: Shri Nishant Thakkar and Ms. Jasmin Amalsadvala, AdvocatesFor Respondent: Shri Anil Sant, Sr. AR

…sessee supporting the order of CIT(A) reiterated his submissions made before the First Appellate Authority. Further to buttress his argument the ld.Counsel for the assessee placed reliance on the following decisions: (i) CIT vs. Emirates Commercial Bank Ltd. 262 ITR 55(Bom) (ii) Doha Bank QSC vs. DCIT, 124 taxmann.com 70 (Mum) (iii) ADIT vs. Antwerp Diamond Bank NV Engg. Centre, 44 taxmmann.com 175(Mum) 15. On the other hand, the Ld. Departmental Representative placed reliance on the observations of the Assessing Officer. He submitted that head office expenses claimed by the assessee are not in the nature of…

DCIT (It) -1(2)(1), Mumbai vs. The Bank of Nova Scotia, Mumbai

In the result, appeal of the assessee is allowed

ITA 4899/MUM/2017[2010-11]Status: DisposedITAT Mumbai28 Feb 2024AY 2010-11

Bench: Shri Vikas Awasthy & Shri Amarjit Singhआअसं.4981/मुं/2017 (िन.व.2010-11) आअसं.3065/मुं/2018 (िन.व.2011-12) आअसं.820/मुं/2019(िन.व.2012-13) आअसं.863/मुं/2022 (िन.व.2013-14) The Bank Of Nova Scotia, Mittal Towers, B-Wing, Nariman Point, Mumbai 400 020. Pan: Aaacb-1536-H ...... अपीलाथ"/Appellant बनाम Vs. Additional Director Of Income Tax (International Taxation)-3,/Dcit (It) 1(2)(1)Mumbai Air India Building, Nariman Point, Mumbai 400 021 ....."ितवादी/Respondent आअसं.4899/मुं/2017 (िन.व. 2010-11) Dy. Commissioner Of Income Tax,(It)-1(2),Mumbai Room No.1811, 18Th Floor, Air India Building, Nariman Point, Mumbai 400 021 ...... अपीलाथ"/Appellant बनाम Vs. The Bank Of Nova Scotia, Mittal Towers, B-Wing, Nariman Point, Mumbai 400 020. Pan: Aaacb-1536-H ....."ितवादी/Respondent Assessee By : Shri Nishant Thakkar & Ms. Jasmin Amalsadvala, Advocates Revenue By : Shri Anil Sant, Sr. Ar

For Appellant: Shri Nishant Thakkar and Ms. Jasmin Amalsadvala, AdvocatesFor Respondent: Shri Anil Sant, Sr. AR

…sessee supporting the order of CIT(A) reiterated his submissions made before the First Appellate Authority. Further to buttress his argument the ld.Counsel for the assessee placed reliance on the following decisions: (i) CIT vs. Emirates Commercial Bank Ltd. 262 ITR 55(Bom) (ii) Doha Bank QSC vs. DCIT, 124 taxmann.com 70 (Mum) (iii) ADIT vs. Antwerp Diamond Bank NV Engg. Centre, 44 taxmmann.com 175(Mum) 15. On the other hand, the Ld. Departmental Representative placed reliance on the observations of the Assessing Officer. He submitted that head office expenses claimed by the assessee are not in the nature of…

Standard Chartered Bank, Mumbai vs. DDIT (It) 2(1), Mumbai

In the result, the appeal filed by the assessee is partly allowed and appeal filed by the Revenue is dismissed

ITA 4867/MUM/2017[2001-02]Status: DisposedITAT Mumbai13 Nov 2023AY 2001-02

Bench: Shri Vikas Awasthy & Shri Gagan Goyalstandard Chartered Bank Taxation Department, 23-25, M. G. Road, 3Rd Floor, Fort, Mumbai-400 001 Pan: Aabcs4681D ..... Appellant Vs. Ddit (Intl. Tax)-2(1) Scindia House, Ballard Estate, N. M. Marg, Mumbai-400 038 ..... Respondent

For Appellant: Shri Madhur Agarwal, Ld. ARFor Respondent: Shri Anil Sant, Ld. DR
Section 14ASection 250Section 40

…ct (restricted the claim to 5% of adjusted total income). 5.4 CIT(A)’s decision (page 22, para 7.6) The Ld. CIT (A) following earlier year's decisions in the Appellant’s case and decision of Bombay High Court in case of CIT vs. Emirates Commercial Bank Ltd. (262 ITR 55) (Bombay HC), held that the expenses incurred are exclusively for the purpose of business of the Appellant in India and not in nature of Head Office expenses and allowed the deduction of the expenses under section 37(1) of the Act. 5.5 Assessee’s submission The Assessee submits that this issue is covered in favor of the Assessee by a decision of…

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

…t the expenditure was covered by section 44C of the Act. Since, the expenses has been borne by the head office the same is not allowable to the assessee. The CIT(A) examined the facts and following the decision in the case of CIT vs. Emirates Commercial Bank, 262 ITR 55 deleted the addition. 11.1 The ld. Authorized Representative for the assessee supported the order of CIT(A) and further placed reliance on the following decisions in support there of: (i) PCIT vs. Bank of Mitsubishi UFJ Ltd.ITA 604/2015(Del) (ii) CIT vs. Emirates Commercial Bank, 262 ITR 55 (Bom) (iii) ADIT vs. Hongkong Shanghai Banking Corporat…

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

…t the expenditure was covered by section 44C of the Act. Since, the expenses has been borne by the head office the same is not allowable to the assessee. The CIT(A) examined the facts and following the decision in the case of CIT vs. Emirates Commercial Bank, 262 ITR 55 deleted the addition. 11.1 The ld. Authorized Representative for the assessee supported the order of CIT(A) and further placed reliance on the following decisions in support there of: (i) PCIT vs. Bank of Mitsubishi UFJ Ltd.ITA 604/2015(Del) (ii) CIT vs. Emirates Commercial Bank, 262 ITR 55 (Bom) (iii) ADIT vs. Hongkong Shanghai Banking Corporat…

Cairn Energy Hydrocarbon Ltd., Gurgaon vs. DCIT, Intl. Taxation, Circle, Gurgaon

In the result, the appeals of the assessee are partly allowed and the appeals of the revenue are dismissed

ITA 6278/DEL/2018[2014-15]Status: DisposedITAT Delhi31 Jan 2023AY 2014-15

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 6357/Del/2013: Asstt. Year : 2010-11 Dcit, Vs Cairn Energy Hydrocarbon Ltd., C/O. Cairn India Ltd., 3Rd & 4Th Circle-3(2), International Taxation, Floor, Vipul Plaza, Suncity, Sector- New Delhi 54, Gurgaon (Appellant) (Respondent) Pan No. Aaccc3279J

For Appellant: Sh. Ajay Vohra, Sr. AdvFor Respondent: Sh. Gangadhar Panda, CIT-DR
Section 40aSection 57Section 80I

…t. The AO further stated that the said expenses were not to be allowed as revenue expenditure even in the year of commencement of production i.e. the relevant assessment year. 59. Reliance is placed on the decision of CIT Vs. Emirates Commercial Bank [(2003) 262 ITR 55 (Bom)] wherein Bombay High Court held that section 44C of the Act contemplates allocation of expenses amongst various entities. The expenditure which is covered by section 44C of the Act is of common nature, which is incurred for the various branches or which is incurred for the head office and the branch. Expenditure incurred by the head office e…

Cairn Energy Hydrocarbon Ltd., Gurgaon vs. DCIT, Intl. Taxation, Circle, Gurgaon

In the result, the appeals of the assessee are partly allowed and the appeals of the revenue are dismissed

ITA 6277/DEL/2018[2013-14]Status: DisposedITAT Delhi31 Jan 2023AY 2013-14

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 6357/Del/2013: Asstt. Year : 2010-11 Dcit, Vs Cairn Energy Hydrocarbon Ltd., C/O. Cairn India Ltd., 3Rd & 4Th Circle-3(2), International Taxation, Floor, Vipul Plaza, Suncity, Sector- New Delhi 54, Gurgaon (Appellant) (Respondent) Pan No. Aaccc3279J

For Appellant: Sh. Ajay Vohra, Sr. AdvFor Respondent: Sh. Gangadhar Panda, CIT-DR
Section 40aSection 57Section 80I

…t. The AO further stated that the said expenses were not to be allowed as revenue expenditure even in the year of commencement of production i.e. the relevant assessment year. 59. Reliance is placed on the decision of CIT Vs. Emirates Commercial Bank [(2003) 262 ITR 55 (Bom)] wherein Bombay High Court held that section 44C of the Act contemplates allocation of expenses amongst various entities. The expenditure which is covered by section 44C of the Act is of common nature, which is incurred for the various branches or which is incurred for the head office and the branch. Expenditure incurred by the head office e…

DCIT, Intl. Taxation, Circle, Gurgaon vs. Cairn Energy Hydrocarbon Ltd., Gurgaon

In the result, the appeals of the assessee are partly allowed and the appeals of the revenue are dismissed

ITA 5989/DEL/2018[2014-15]Status: DisposedITAT Delhi31 Jan 2023AY 2014-15

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 6357/Del/2013: Asstt. Year : 2010-11 Dcit, Vs Cairn Energy Hydrocarbon Ltd., C/O. Cairn India Ltd., 3Rd & 4Th Circle-3(2), International Taxation, Floor, Vipul Plaza, Suncity, Sector- New Delhi 54, Gurgaon (Appellant) (Respondent) Pan No. Aaccc3279J

For Appellant: Sh. Ajay Vohra, Sr. AdvFor Respondent: Sh. Gangadhar Panda, CIT-DR
Section 40aSection 57Section 80I

…t. The AO further stated that the said expenses were not to be allowed as revenue expenditure even in the year of commencement of production i.e. the relevant assessment year. 59. Reliance is placed on the decision of CIT Vs. Emirates Commercial Bank [(2003) 262 ITR 55 (Bom)] wherein Bombay High Court held that section 44C of the Act contemplates allocation of expenses amongst various entities. The expenditure which is covered by section 44C of the Act is of common nature, which is incurred for the various branches or which is incurred for the head office and the branch. Expenditure incurred by the head office e…

DCIT, Intl. Taxation, Circle, Gurgaon vs. Cairn Energy Hydrocarbon Ltd., Gurgaon

In the result, the appeals of the assessee are partly allowed and the appeals of the revenue are dismissed

ITA 5988/DEL/2018[2013-14]Status: DisposedITAT Delhi31 Jan 2023AY 2013-14

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 6357/Del/2013: Asstt. Year : 2010-11 Dcit, Vs Cairn Energy Hydrocarbon Ltd., C/O. Cairn India Ltd., 3Rd & 4Th Circle-3(2), International Taxation, Floor, Vipul Plaza, Suncity, Sector- New Delhi 54, Gurgaon (Appellant) (Respondent) Pan No. Aaccc3279J

For Appellant: Sh. Ajay Vohra, Sr. AdvFor Respondent: Sh. Gangadhar Panda, CIT-DR
Section 40aSection 57Section 80I

…t. The AO further stated that the said expenses were not to be allowed as revenue expenditure even in the year of commencement of production i.e. the relevant assessment year. 59. Reliance is placed on the decision of CIT Vs. Emirates Commercial Bank [(2003) 262 ITR 55 (Bom)] wherein Bombay High Court held that section 44C of the Act contemplates allocation of expenses amongst various entities. The expenditure which is covered by section 44C of the Act is of common nature, which is incurred for the various branches or which is incurred for the head office and the branch. Expenditure incurred by the head office e…