How many judgments cite Sumitomo Mitsui Banking Corporation v. DDIT?

70 judgments on BharatTax cite Sumitomo Mitsui Banking Corporation v. DDIT (136 ITD 66), spanning 2016 to 2026.

Which sections of the Income Tax Act does Sumitomo Mitsui Banking Corporation v. DDIT come up under?

It is most often cited in judgments turning on Section 143(3), Section 115A, Section 40(a)(i), Section 44C, Section 9(1)(v)(c), Section 144C(13).

Sumitomo Mitsui Banking Corporation v. DDIT

136 ITD 66Income Tax Appellate Tribunal2012#1617 most cited

What is Sumitomo Mitsui Banking Corporation v. DDIT authority for?

Interest income received by a foreign bank's Head Office or Overseas Branch is not taxable in India where Article 12 of the Double Taxation Avoidance Agreement applies, clarifying the scope of taxability for such entities under DTAAs.

judgments rely on this decision, according to BharatTax’s citation analysis of 366,418 Indian tax judgments — from 2016 to 2026.

Also referred to as

Sumitomo Mitsui Banking Corporation v DDIT · ITAT Special Bench · foreign bank interest · overseas branch income · Head Office taxability · Article 12 DTAA · Section 9(1)(v) · Section 115A

Also reported as

145 TTJ 649

Sections most often in play

Section 143(3)Section 115A Section 40(a)(i)Section 44C Section 9(1)(v)(c)Section 144C(13)Section 147 Section 148

Issues it is cited on

section 9(1)(v)section 44c section 92c(1)section 92ca(3a)use of equipment section 80hhe section 35dda section 35dd section 43d section 40(a)(1)section 147(1)section 9(1)(i)

Judgments citing Sumitomo Mitsui Banking Corporation v. DDIT

Dbs Bank Ltd, Mumbai vs. ADIT (It) 1(2), Mumbai

In the result, the appeal of the assessee is treated as partly allowed for statistical purposes

ITA 9067/MUM/2010[2006-07]Status: DisposedITAT Mumbai12 Feb 2018AY 2006-07

Bench: Shri B.R. Baskaran (Am) & Shri Ravish Sood(Jm)

Section 143(3)Section 144C(13)Section 40

…-06 (ITA No. 8671/Mum/2010 dated 3.3.2017). The learned AR submitted that the Coordinate Benches has decided this issue in favour of the assessee by following decision rendered by the Special Bench in the case of Sumitomo Mitsui Banking Corporation (2012)(SB)(136 ITD 66)(Mum). 5. We have heard learned Departmental Representative and perused the record. We noticed that the Tribunal has adjudicated an identical issue in assessee’s own case in A.Y. 2005-06 by following the decision rendered in A.Y. 2003-04. For the sake of convenience, we extract below decision rendered by the Tribunal in A.Y. 2005-06 :- 4. We hav…

Barclays Bank Plc, Mumbai vs. Addl DIT (It) 3, Mumbai

Appeals of the assessee stand partly allowed and the appeals of the AO are dismissed

ITA 4030/MUM/2014[2007-08]Status: DisposedITAT Mumbai12 Jan 2018AY 2007-08

For Appellant: S/Shri Nishant Thakkar/Hiten Chande/Ms. Jasmin AmalsadwalaFor Respondent: Shri Jayant Kumar- DR

Section 40

…ed by the Hon’ble Calcutta High Court.The AR further argued that the assessee was not required to deduct tax at source,that the FAA was not justified in considering interest portion for calculating the disallowance.He relied upon the case of Bank of Sumitomo (136 ITD 66); Bank of Tokyo(152 ITD 796) and the case of Bank of Tokyo Mitsubishi UFJ Ltd, (IT Appeal no.604 of 2015 of the Hon’ble Delhi High Court,dtd. 08.04.2016).The Departmental Representative(DR)supported the order of the FAA. 3.3.We have heard the rival submissions and perused the material before us.We find that in the case of ABN Amro Bank NV(343 ITR8…

Credit Agricole Corporate and Investment Bank (Formerly Calyon Bank, Erstwhile Credit Agricole Indosuez, Mumbai vs. Addl CIT (It) RG 1, Mumbai

The appeal of the AO is dismissed

ITA 6706/MUM/2012[2005-06]Status: DisposedITAT Mumbai05 Jan 2018AY 2005-06

For Appellant: S/Shri Percy J. Pardiwala/Madhur AgarwalFor Respondent: Shri Jayant Kumar- DR

Section 143Section 254(1)

…he tax treaties,would comes to an end. In Indo 6706/M/12&6682/M/12- Credit Agricole Corporate & Investment Bank French DTAA, for example, articles 11(6), 12(5), 13(6) and 23(2) provide so.We are aware that in the case of Sumitomo Mitsui Banking Corporation (136 ITD 66),the Special Bench has decided the issue in favour of the Department and against the assessee.But respectfully following the judgment of the Hon’ble Uttrakhand(supra),we decide ground no. 6 against the AO. 11.Ground no. 7 is about interest income from Hongkong Branch.Following our order for last GOA,we dismiss seventh ground raised by the AO. 12.L…

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

…who has paid interest to its foreign head office is allowable as deduction or not. Prior to 01.04.2015 if interest is paid by the assessee to its Taiwan Head Office it is payment to self. In para no 50 of the decision of the Sumitomo Mitusi banking cop V DDIT 136 ITD 66 (SB) (mum) while dealing with domestic tax law this issues has been discussed that in domestic tax law there is no question of granting deduction of interest paid by the assessee to its HO , because it is payment to self. The issue of any applicability of any DTAA is not before us, therefore various case laws cited before us are not relevant as th…

Bnp Pribas Sa, Mumbai vs. Addl DIT (It) RG 3, Mumbai

ITA 1182/MUM/2015[2010-11]Status: DisposedITAT Mumbai16 Oct 2017AY 2010-11

For Appellant: Shri M.V. SondeFor Respondent: Shri Samuel Darse-CIT-DR

Section 143(2)Section 143(3)Section 254(1)Section 90

…ying principle of mutuality. He further contended that if principle of mutuality is applied in all the cases, Section 44C will be redundant. The CITDR Mr. Ajay Kumar Shrivastava further contended that the ITAT SB in case of Sumitomo Mitsui banking corporation 136 ITD 66(Mum)(SB) has held that the interest received by HO(GE) is not taxable in hands of GE in India under domestic law on principles of mutuality as the interest paid by PE to GE is payment to self. As per learned DR, before the SB, the counsels from both the sides did not dispute the position that such interest payments were covered by principles of mu…

Dbs Bank Ltd, Mumbai vs. DDIT (It) RG 1(2), Mumbai

In the result the appeal of the revenue is partly allowed

ITA 8671/MUM/2010[2005-06]Status: DisposedITAT Mumbai03 Mar 2017AY 2005-06

Bench: Shri D.Karunakar Rao & Shri Pawan Singh

For Appellant: Sh. Percy J. Pardiwalla

Section 254(1)Section 37Section 44C

…ITA No.8671/M/2010, ITA No. 434/M/2011 CO No.250/M/2012 IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH “L”, MUMBAI BEFORE SHRI D.KARUNAKAR RAO, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER ITA No.8671/Mum/2010 for (Assessment Year: 2005-06) DBS Bank Limited, The Deputy Commissioner of 3rd Floor, Fort House, Income Tax -(International 221, Dr. D.N. Road, Fort, Taxation), Range -1(2), Vs. 1st Floor Scindia House, Mumbai- 400001 N.M. Marg , Ballard Estate, PAN: AAACT4652J Mumbai -400038 (Appellant) (Respondent) ITA No.434/Mum/2011 for (Assessment Year: 2005-06) C.O. No. 250/M/2012 in ITA No. 434/M/2011…

M/S. Calyon Bank (Formerly Credit Agricole Indusuer), Mumbai vs. DDIT (I.T) 1(2), Mumbai

In the result, the appeal, as filed by the department is partly allowed

ITA 4295/MUM/2005[2001-2002]Status: DisposedITAT Mumbai18 Nov 2016AY 2001-2002

Bench: Shri R.S. Syal & Shri Vivek Varma

For Appellant: Shri Ajay Srivastava

Section 14A

…amount has been brought to tax twice, which is included in interest & commission paid to overseas branches and HO, the issue is clearly covered by the decision of the Special Bench of the ITAT in the case of Sumitomo Mitsui Banking Corp. vs. DDIT, reported in 136 ITD 66, wherein the SB held, “… that the interest paid by the Indian branch of the assessee bank to its HO and other branches is not chargeable to tax in India. Section 195 would not be attracted”. 26. Having heard the rival submissions and perused the relevant material on record, it is seen that the amount in question has been taxed M/s. Credit Agricol…

DDIT (It) 2(2), Mumbai vs. Ubs Ag, Mumbai

In the result, revenue’s appeal as well as assessee’s Cross

ITA 4525/MUM/2014[2009-10]Status: DisposedITAT Mumbai27 Jun 2016AY 2009-10

Bench: Shri G S Pannu & Shri Amit Shuklaita

For Appellant: Shri Arvind Sonde/For Respondent: Shri Jasbir Chouhan

Section 144C(3)

…have not been paid or credited by UBS AG Mumbai Branch to UBS AG HO; therefore, there is no question of deducting TDS. Reliance was also placed on the decision of ITAT Special Bench in the case of Sumitomo Mitsui Banking Corporation v DDIT, reported in [2012] 136 ITD 66. Apart from that, reliance was also placed on various ITAT decision including that of Bank of America NT & SA v DCIT, reported in 27 SOT 97. The assessee’s submission in this regard has been dealt by the AO from pages 12 to 14 and ultimately he held that, firstly, no TDS has been deducted on such expenses claimed by the Branch and secondly, these…

DDIT (It) 1(1), Mumbai vs. Abu Dhabi Commercial Bank Ltd, Mumbai

In the result, the appeals filed by the assessee in ITA Nos

ITA 3760/MUM/2012[2006-07]Status: DisposedITAT Mumbai29 Apr 2016AY 2006-07

Bench: Shri Rajendra & Shri C.N. Prasadआयकर अपील सं /I.Ta Nos.4926 To 4928/Mum/2009 ("नधा"रण वष" / Assessment Years: 2004-05 To 2006-07 Abu Dhabi Commercial The Dcit (International बनाम/ Bank Ltd., Taxation)-1(1), Vs. 75B Rehmat Manzil, Scindia House, Veer Nariman Road, Narottam Morarjee Marg, Mumbai-400 020 Ballard Estate Mumbai-400 038 आयकर अपील सं /I.Ta No. 3760/Mum/2012 ("नधा"रण वष" / Assessment Year: 2006-07 The Dcit (International Abu Dhabi Commercial Bank बनाम/ Taxation)-1(1), Ltd., Vs. Scindia House, 75B Rehmat Manzil, Narottam Morarjee Marg, Veer Nariman Road, Ballard Estate Mumbai-400 020 Mumbai-400 038 C.O. No. 121/Mum/2013 (Arising Out Of I.Ta No. 3760/Mum/2012 ("नधा"रण वष" / Assessment Year: 2006-07 Abu Dhabi Commercial The Dcit (International बनाम/ Bank Ltd., Taxation)-1(1), Vs. 75B Rehmat Manzil, Scindia House, Veer Nariman Road, Narottam Morarjee Marg, Mumbai-400 020 Ballard Estate Mumbai-400 038 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaaca 4216B .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Shri Dhanesh Bafna अपीलाथ" ओर से/ Assessee By: Ms. Chandni Shah ""यथ" क" ओर से/Revenue By:

For Appellant: Ms. Chandni Shah

Section 41(1)Section 44C

…आयकर अपील"य अ"धकरण, मुंबई "यायपीठ , मुंबई । IN THE INCOME TAX APPELLATE TRIBUNAL “K” BENCH, MUMBAI BEFORE SHRI RAJENDRA, ACCOUNTANT MEMBER AND SHRI C.N. PRASAD, JUDICIAL MEMBER आयकर अपील सं /I.TA Nos.4926 to 4928/Mum/2009 ("नधा"रण वष" / Assessment Years: 2004-05 to 2006-07 Abu Dhabi Commercial The DCIT (International बनाम/ Bank Ltd., Taxation)-1(1), Vs. 75B Rehmat Manzil, Scindia House, Veer Nariman Road, Narottam Morarjee Marg, Mumbai-400 020 Ballard Estate Mumbai-400 038 आयकर अपील सं /I.TA No. 3760/Mum/2012 ("नधा"रण वष" / Assessment Year: 2006-07 The DCIT (International Abu Dhabi Commercial Bank बनाम/ Taxatio…

Abu-Dhabi Commerical Bank Ltd, Mumbai vs. ADIT (It) 2(2), Mumbai

In the result, the appeals filed by the assessee in ITA Nos

ITA 4926/MUM/2009[2004-05]Status: DisposedITAT Mumbai29 Apr 2016AY 2004-05

For Appellant: Ms. Chandni Shah

Section 41(1)Section 44C