SC Caps Foreign Head Office Expenses at 5%; Key Rulings on Tax, Customs

Opinion
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CNBC TV18•26-12-2025, 09:08
SC Caps Foreign Head Office Expenses at 5%; Key Rulings on Tax, Customs
- •Supreme Court caps foreign head office expenses for Indian branches at 5% of income, rejecting common vs. exclusive expense distinction (Director of Income Tax vs American Express Bank Ltd.).
- •Gujarat High Court mandates cross-examination for witnesses in penalty cases, upholding natural justice under Customs Act, 1962 (M/s Mitesh Impex and Others).
- •Mumbai ITAT clarifies GST is not part of "turnover" for presumptive taxation under Section 44BB, preventing inflated tax claims (Oceaneering International GmbH vs Deputy Commissioner of Income Tax).
- •Chennai CESTAT rules customs duty is based on transaction value at import, not subsequent price changes, for HDFC Bank.
Why It Matters: Recent court rulings clarify tax, customs, and GST norms, ensuring fairness and preventing misinterpretations.
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