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Issues Involved:
1. Whether the expenditure due to fluctuation in foreign exchange rates for remitting instalments towards the cost of plant and machinery is capital or revenue expenditure. Issue-wise Detailed Analysis: 1. Nature of Expenditure Due to Foreign Exchange Fluctuation: The primary issue revolves around whether the extra expenditure incurred by the assessee due to fluctuations in foreign exchange rates for remitting instalments towards the cost of plant and machinery should be classified as capital or revenue expenditure. Facts and Arguments: - The respondent-assessee, a subsidiary of Hindustan Aluminium Corporation Limited, claimed deductions for the assessment years 1973-74 to 1975-76 on account of foreign exchange rate differences while making remittances to foreign companies under deferred payment contracts. - The assessee argued that these expenses were incidental to the business and should be considered as revenue expenditure. - The Income-tax Officer disallowed these claims, treating the expenses as capital expenditure, since they were related to the repayment of instalments for plant and machinery. - The appellate authority upheld the Income-tax Officer's decision, stating that the payment was for the price of capital assets and hence should be treated as capital expenditure. - The Income-tax Appellate Tribunal later reversed this decision, allowing the expenses as revenue expenditure based on precedents from other Tribunal decisions. Legal Position and Precedents: - The court referred to the Supreme Court decision in Sutlej Cotton Mills Ltd. v. CIT [1979] 116 ITR 1, which established that the nature of the expenditure (capital or revenue) depends on whether the loss was in respect of a trading asset or a capital asset. - The Supreme Court in Sutlej Cotton Mills Ltd. emphasized that the cause of the loss (whether due to market fluctuation or devaluation by the State) is immaterial. What matters is the utilization or intended utilization of the foreign currency. - The test to determine the nature of the expenditure is whether it pertains to circulating capital or fixed capital. Circulating capital involves trading operations, while fixed capital is used for manufacturing purposes but not directly in trading operations. Court's Conclusion: - The court concluded that the assessee's payments for plant and machinery were capital in nature. The extra expenditure due to foreign exchange fluctuations, therefore, also bore the same capital character. - The court cited several High Court decisions supporting this view, including Ashok Textiles Ltd. v. CIT [1989] 178 ITR 94, where similar circumstances led to the classification of such expenses as capital expenditure. - Consequently, the court held that the Tribunal was incorrect in allowing these amounts as revenue expenditure. Final Judgment: - The court answered the referred question in the negative, ruling in favor of the Revenue and against the assessee. The amounts in question were deemed capital expenditure and not permissible as revenue expenditure in computing the assessee's income for the relevant years.
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