Infinity and Partners Logo
HomeAbout UsInsightsServicesl.PremiumAdvocatesCareers
Infinity Partners Logo

A full-service law firm.

Quick Links

HomeAbout UsInsightsAdvocatesCareers

Contact Us

+977 980-1238388
[email protected]
Ekkakrit Marg, Anamnagar, Kathmandu, Nepal

Office Hours

Sunday - Friday

9:00 AM - 6:00 PM

Follow Us

Infinity Partners Logo

A full-service law firm.

Quick Links

HomeAbout UsInsightsAdvocatesCareers

Contact Us

+977 980-1238388[email protected]
Ekkakrit Marg, Anamnagar,
Kathmandu, Nepal

Office Hours

Sunday - Friday

9:00 AM - 6:00 PM

Follow Us

© 2025 Infinity Partners. All rights reserved.
|Privacy Policy|Terms of Service
Designed and Developed with Yojana.
Image

Case Analysis: Large Taxpayers Office vs. United Spirits Nepal Pvt. Ltd.

Wednesday - Oct 30, 2024 (Updated: Jun 17, 2026)
Legal Updates
Business Law
This case brief covers a tax litigation appeal filed by the Large Taxpayers Office against United Spirits Nepal Pvt. Ltd., challenging deductions claimed for promotional and other business expenses. The Supreme Court ruled to uphold most of the Revenue Tribunal's decision favoring the taxpayer, except for certain promotional expenses deemed unrelated to income generation. This judgment highlights compliance requirements for tax deductions and the importance of formal approvals for associated business expenses.
Download Article
Image

1. Introduction

In a notable tax litigation case, the Supreme Court of Nepal addressed disputes over expense deductions claimed by United Spirits Nepal Pvt. Ltd. The appeal, filed by the Large Taxpayers Office (LTPO), questioned specific deductions related to promotional, royalty, and distribution costs, as well as excise duty adjustments. This ruling highlights the legal standards for claiming tax deductions and the importance of adhering to approved expenses under Nepalese tax law.

2. Case Background

The case arose from a Revenue Tribunal decision favoring United Spirits Nepal, allowing deductions for expenses challenged by LTPO. The tax office contended that these expenses were either unjustified or lacked necessary approvals, arguing that they should not qualify for deduction under the Income Tax Act.

3. Key Issues

The Court examined the validity of deductions across several categories, including sales discounts, bonuses, royalties, duty on old stock, and business promotion expenses. Key issues included whether these expenses were justified in contributing to income generation and if they complied with tax guidelines.

4. Court’s Decision

The Supreme Court upheld the Revenue Tribunal’s verdict, permitting deductions except for certain promotional expenses. The Court reasoned that distributing free alcohol for promotional purposes lacked sufficient justification and connection to income generation, thereby warranting disallowance of these deductions.

5. Implications for Businesses

This decision underscores the need for businesses to ensure compliance with tax laws when claiming deductions, particularly for associated expenses with foreign entities. Companies must secure approvals from the relevant government bodies to avoid future tax liabilities.

6. Conclusion

The ruling reinforces the importance of obtaining regulatory approvals and aligning tax deductions with income-generation requirements under Nepalese law. This case sets a precedent for managing tax claims effectively while underscoring the significance of clear financial documentation.

Contributors

  • Profile Image of Narayan Chaulagain

    Narayan Chaulagain
    Managing Partner

  • Profile Image of Sudridh Kumar Joshi

    Sudridh Kumar Joshi
    Associate

l.Premium

I. Core

Legal Trainings

Structured sector-focused training that empowers your team to handle legal requirements confidently.

I. Pulse

Legal Intelligence

Timely legal updates tailored to your sector, translated into practical business guidance.

I. Shield

Legal Compliance Checklists

A structured compliance roadmap to help you meet legal and regulatory duties on time.

Related Readings

Legal Updates
May 27, 2025

Ordinances and Their Enactment in Nepal

This update summarizes key ordinances introduced by the Government of Nepal during the Federal Parliament’s recess and their current legislative status. Five ordinances—covering cooperatives, good governance, fiscal procedures, privatization, and business environment reforms—have been approved and enacted. One ordinance related to land laws was not tabled and is now invalid, but a revised bill is under parliamentary consideration.
Read More about Ordinances and Their Enactment in Nepal
Legal Updates
Jun 4, 2026

Finance Bill 2083: Key Tax Changes and Legal Implications for Businesses in Nepal (2026)

A detailed legal update on Nepal's Finance Bill, 2083 covering new taxes, revised income tax slabs, VAT amendments, transfer pricing rules, and tax amnesty schemes for businesses and individuals.
Read More about Finance Bill 2083: Key Tax Changes and Legal Implications for Businesses in Nepal (2026)
Legal Updates
Jun 16, 2026

Finance Bill 2083: Key Customs and Excise Duty Changes in Nepal

The Finance Bill 2083 introduces significant customs and excise duty reforms in Nepal, including fuel duty reductions, tax amnesty provisions, business recovery relief measures, and new compliance requirements for excisable goods.
Read More about Finance Bill 2083: Key Customs and Excise Duty Changes in Nepal