Tip Inc., a foreign company, headquartered at Malaysia, has a branch in India. For the financial year ended 31.03.2024, the branch has shown net…

CA Final · Direct Tax Laws and International Taxation · MTP · November 2024
Tip Inc., a foreign company, headquartered at Malaysia, has a branch in India. For the financial year ended 31.03.2024, the branch has shown net profit of 28 lakhs after charge of the following expenses: (i) Depreciation for the current financial year of 15 lakhs. (ii) Unabsorbed depreciation for the previous financial year of 17 lakhs. (iii) Capital Expenditure incurred for promoting family planning amongst its employees of 7 lakhs.7 Lakhs is one fifth of the total expenditure incurred on promoting family planning. (iv) Expenditure incurred for Scientific research 11 lakhs. (v) Business loss brought forward for A.Y. 2023-24 of 25 lakhs. (vi) Deductions under Chapter VI-A of 20 lakhs. (vii) Head Office expenses of 120 lakhs allocated to the branch. Compute income to be declared by the branch in its return for the Assessment Year 2024-25.

Suggested Answer and Working Notes:

Computation of income to be declared by the branch in its return of income Computation of Head Office expenses allowable u/s 44C: Particulars Particulars ₹ Net profit of the branch 28,00,000 Add: Head office expenditure debited to profit and loss 1,20,00,000 Unabsorbed depreciation 17,00,000 Capital expenditure for promoting family planning 7,00,000 Brought forward business loss 25,00,000 Deductions under Chapter VI-A 20,00,000 1,89,00,000 Adjusted total income 2,17,00,000 Note - Depreciation for the current financial year and capital expenditure on scientific research are not required to be added back for computing adjusted total income. Head office expenses allowable u/s 44C = 10,85,000 Being the lower of - (i) 5% of 2,17,00,000 = 10,85,000 (ii) Actual Head Office expenses allocated to the branch = 1,20,00,000 Income to be declared by the branch for A.Y.2024-25 Particulars ₹ Net profit of the branch 28,00,000 Add: Head office expenditure debited to profit and loss 1,20,00,000 1,48,00,000 Less: Head office expenses allowable u/s 44C 10,85,000 Income to be declared by the branch 1,37,15,000

Topics: Non-Resident Taxation

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