Tuesday, 15 September 2026

Cross Border Clarity: No FTC, No Deduction Either

 The Mumbai ITAT, in Tata Communications Transformations Services Ltd. v. DCIT [2026], held that foreign taxes cannot be claimed as a deduction merely because the Foreign Tax Credit (FTC) remains unutilised. The Tribunal clarified that Section 40(a)(ii) disallows foreign taxes that are eligible for relief under Sections 90/91, regardless of whether the credit is actually used. For businesses in loss years, foreign withholding taxes may therefore become a sunk cost, making FTC planning crucial.

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When a Subsidiary Investment Becomes a Business Loss

  Key Takeaways Shares in a subsidiary are not automatically capital assets merely because they are shares. Three High Courts have recognize...