M/S. Bank of American, N.A, Mumbai vs. The Jt DIT (I.T)3, Mumbai
In the result, the appeal by the assessee is partly allowed
ITA 4154/MUM/2004[2000-2001]Status: DisposedITAT Mumbai18 Mar 2026AY 2000-2001
Bench: Shri Om Prakash Kantshri Sandeep Singh Karhail
For Appellant: Shri Percy PardiwalaFor Respondent: Shri Krishna Kumar, Sr.DR
Section 10Section 10(15)Section 142(1)Section 143(2)Section 143(3)Section 14ASection 250Section 36(1)(viia)Section 37(1)Section 44C
…business and not executive and general administration in nature. 14. The Respondent wishes to place reliance on the decision of the Hon'ble Special Bench of Calcutta Tribunal in the decision of Inspecting Assistant Commissioner v. Goodricke Group Ltd. (1985) 12 ITD 1 (Cal) (SB) wherein it is concluded that expenses incurred by the non resident assessee in relation to sales activity in London cannot be regarded as "executive and general administrative" expenses and hence should not get covered under section the definition of "head office expenditure" under section 44C of the Act. 15. In light of the above, the Re…