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TMI Blog2006 (12) TMI 89X X X X Extracts X X X X X X X X Extracts X X X X ..... agement services were wholly related to the Indian operations - accordingly held that section 44C IT Act will not apply – same issue has been decided in earlier decision of Calcutta & Bombay HC - no reason to take a different view in the matter - I. T. A. Nos. 35 of 2005 and 1302 & 1304 of 2006 - - - Dated:- 15-12-2006 - VIKRAMAJIT SEN and DR. S. MURALIDHAR JJ. JUDGMENT 1. The undispu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... business outside India, the entire head office expenses attributable to the business in India had to be allowed. In the said decision, it was held by the High Court at Calcutta that section 44C is applicable only if the assessee has branches in India as well as outside India. The question of apportioning the head office expenses "attributable" to the business in India as contemplated by section 44 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is a percentage of the "adjusted total income", read with " Explanation (i) " would apply to the present case. 4. Mr. Venkataraman, learned senior counsel for the assessee submits that the facts of the present case are in pari materia with that obtaining in the decision in Rupenjuli Tea Co. Ltd . [1990] 186 ITR 301 (Cal). He also placed reliance upon the subsequent judgment of the Bombay H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d decision, explained (SCC page 549 and at page 762 of 81 ITR ) : "Interpretation of a provision in a taxing statute rendered years back and accepted and acted upon by the Department should not be easily departed from. It may be that another view of the law is possible but law is not a mere mental exercise. The courts while reconsidering the decisions rendered a long time back particularly under t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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