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Taxability of profits earned in Saigon and brought back to India, consideration of exchange rate loss in determining taxable income, applicability of provisions under Sec. 4(2) and Sec. 10(2)(ix) of the Income Tax Act, 1922. Analysis: The judgment pertains to a reference made by the Commissioner of Income Tax regarding the taxability of profits earned by the assessee in Saigon and brought back to India. The assessee, engaged in a money-lending business, remitted sums of money to her agent in Saigon to lend out at interest. The Income Tax Officer assessed the assessee for income tax on the interest earned in Saigon, amounting to 21,988 dollars. The key issue was whether the entire sum of 23,252 rupees equivalent to the dollars earned should be taxable under Sec. 4(2) of the Act or reduced by the exchange rate loss incurred by the assessee. The judgment highlights the importance of considering the exchange rate loss in determining taxable income. The Income Tax Officer's decision was based on the presumption that profits are remitted before the capital, leading to the assessment of the entire sum as taxable income. However, the assessee argued that the total profits received from Saigon were significantly lower due to adverse exchange rates, resulting in only 1,637 rupees remaining after accounting for the initial remitted amount. The Court emphasized that the rate of exchange was a crucial factor affecting the assessee's profits, with an adverse exchange leading to reduced profits and a favorable exchange increasing profits. Furthermore, the judgment references Sec. 4(2) of the Act, which deems profits brought into India to be taxable, and Sec. 10(2)(ix), which allows for the deduction of expenditure incurred solely for earning profits. The Court reasoned that the conversion of currency was necessary for the assessee to earn profits in Saigon, making it essential to consider the exchange rate loss in determining taxable income. Additionally, the Court cited precedents emphasizing that losses incurred in the course of business, such as bad debts or exchange rate losses, are deductible for income tax purposes and should not be classified as losses of capital. In conclusion, the Court held that the entire sum of 23,252 rupees was not taxable under Sec. 4(2) and should be reduced by the exchange rate loss suffered by the assessee. The judgment underscores the need to consider all relevant factors, including exchange rate fluctuations, in determining the taxable income of an assessee engaged in cross-border business activities. The reference was answered accordingly, with the assessee being entitled to costs and the return of the deposit made in connection with the reference.
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