Director Of Income Tax (It)-I, Mumbai vs M/S. American Express Bank Ltd
Practice Areas
Judges (2)
Case Significance
Director Of Income Tax (It)-I, Mumbai vs M/S. American Express Bank Ltd is a Supreme Court of India decision dated December 15, 2025 (citation: insc-2025-1431). Tax appeals regarding interpretation of Section 44C of the Income Tax Act on whether it covers only 'common expenditure' or also 'exclusive expenditure' incurred by a foreign bank's head office for Indian branches. The Supreme Court ruled in favor of the Revenue, holding Section 44C applies regardless of whether expenditure is common or exclusive, and remanded for factual verification of the tripartite test. The bench comprised Justices J.B. Pardiwala and K.V. Viswanathan. The judgment was delivered by Justice J.B. Pardiwala.
This case has been cited by 1 subsequent judgment. The judgment references 17 case citations.
Summary
Tax appeals regarding interpretation of Section 44C of the Income Tax Act on whether it covers only 'common expenditure' or also 'exclusive expenditure' incurred by a foreign bank's head office for Indian branches. The Supreme Court ruled in favor of the Revenue, holding Section 44C applies regardless of whether expenditure is common or exclusive, and remanded for factual verification of the tripartite test.
What was the outcome of Director Of Income Tax (It)-I, Mumbai vs M/S. American Express Bank Ltd?
Tax appeals regarding interpretation of Section 44C of the Income Tax Act on whether it covers only 'common expenditure' or also 'exclusive expenditure' incurred by a foreign bank's head office for In...
Statutes Cited
Cases Cited (17)
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (insc-2025-1431)