India: Limitations on deductibility of head office expenses inapplicable under UAE treaty (Tribunal decision)

Limitations did not apply because not specifically referenced in treaty

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February 11, 2025

The Mumbai Special Bench of the Tribunal held that the limitations provided under the Income-tax Act, 1961 on the deductibility of head office expenses, which were allocated to an Indian branch of a UAE company that constituted a permanent establishment (PE), were inapplicable for purposes of computing the taxable profits of the PE under the India-UAE income tax treaty.

The case is: Mashreq Bank PSC v. DCIT

The court agreed with the taxpayer’s position that the limitations on deductibility did not apply because the business profits article of the treaty did not make specific reference to such limitations.

Read a February 2025 report prepared by the KPMG member firm in India 

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