Topic

allowable expenses

1 articleLatest July 2026
Section 28(i) IT Act | PE Maintenance Expenses Not Automatically Disallowed After Business Transfer: ITAT Delhi
Case Law Analysis
|Income Tax Appellate Tribunal

Section 28(i) IT Act | PE Maintenance Expenses Not Automatically Disallowed After Business Transfer: ITAT Delhi

The ITAT Delhi ruled that expenses incurred to sustain a Permanent Establishment after a business transfer cannot be disallowed under Section 28(i) merely due to the transfer-each cost must be evaluated for its direct nexus to ongoing business operations. This clarifies a critical loophole for multinational firms restructuring Indian operations, ensuring tax treatment aligns with economic substance rather than corporate form.