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Income Tax - Highlights / Catch Notes

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Additions (Benefit) u/s 28(iv) - Expenditure incurred by the HO ...


Tribunal Confirms Salary Expenses for Expatriates Not Deemed Income, Rejects Revenue's Section 28(iv) Claim.

April 19, 2024

Case Laws     Income Tax     AT

Additions (Benefit) u/s 28(iv) - Expenditure incurred by the HO for salary paid to the expatriate employees for rendering services to PE - The tribunal upheld the allowance of salary expenses paid to expatriate employees, rejecting the revenue's argument under Section 28(iv) of the Income Tax Act that unrecorded expenses should lead to deemed income. The tribunal agreed that since these expenses had already been subjected to tax as salary income in the employees' returns, they did not constitute a benefit under Section 28(iv).

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