2016 (7) TMI 1679 - HC - Income Tax

Additional liability on account of exchange rate fluctuation allowable as a deduction in the computation of the applicant s business profits - HELD THAT - Tribunal while allowing the Revenue s appeal followed its order in the case of the applicant assessee for AY 1985 -86 on an identical issue. The applicant assessee being aggrieved filed an application for Reference to the Tribunal and it on an identical question a Reference was made to this Court. On 21st August 2014 2014 (9) TMI 283 - BOMBAY HIGH COURT this Court answered the identical question referred to it in Reference No. 271 of 1997 in favour of the applicant assessee and against the Revenue. This by following the decision of the Apex Court in Commissioner of Income Tax Vs. Woodward Governor India Pvt. Ltd. 2009 (4) TMI 4 - SUPREME COURT Decided in favour of the applicant assessee and against the Revenue.

Summary

Issues:
1. Interpretation of Section 256(1) of the Income Tax Act, 1961 regarding the deductibility of additional liability on account of exchange rate fluctuation in the computation of business profits.

Analysis:
The High Court of Bombay was presented with a Reference under Section 256(1) of the Income Tax Act, 1961, seeking an opinion on the deductibility of an additional liability due to exchange rate fluctuation in the computation of business profits. The main question was whether the Tribunal was correct in allowing the deduction only when the actual payment was made, considering the contingent nature of the liability. The Court noted that the liability was precisely determined based on the foreign exchange rate at the closing of the account for the relevant year. It was highlighted that the Tribunal had previously ruled in favor of the Revenue on a similar issue for a previous assessment year, leading to an appeal by the applicant assessee.

The Court referred to a previous decision in a similar case where it had ruled in favor of the applicant assessee and against the Revenue, citing the decision of the Apex Court in Commissioner of Income Tax Vs. Woodward Governor India Pvt. Ltd. The Court, based on the previous ruling and the Apex Court decision, answered the question in the negative, favoring the applicant assessee and ruling against the Revenue. Consequently, the Reference was disposed of in favor of the applicant assessee, with no order as to costs being issued by the Court.

In conclusion, the High Court of Bombay clarified the interpretation of Section 256(1) of the Income Tax Act, 1961 regarding the deductibility of additional liability arising from exchange rate fluctuation in the computation of business profits. The judgment favored the applicant assessee, ruling against the Revenue based on a previous decision and the guidance provided by the Apex Court's ruling in a similar matter.