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2018 (4) TMI 1071 - HC - Income TaxGain / loss in the foreign exchange fluctuation on loan liability - Disallowance of depreciation - assessee was liable to reduce due to exchange gain from the cost of machinery and subsequent depreciation on it - Section 43A applicability - Held that - As no payment was made during the previous year relevant to the subject assessment year. The Apex Court in Woodward Governor India P. India, (2009 (4) TMI 4 - SUPREME COURT ) while dealing with the amended provisions of Section 43A of the Act has held that with effect from 1st April, 2003 such actual payment of the decreased / enhanced liability is a condition precedent for making adjustment in the carrying amount of the fixed asset. The aforesaid observation of the Apex Court apply to the facts of the present case.
Issues:
1. Disallowance of depreciation due to exchange gain. 2. Jurisdiction of reopening assessment. 3. Interpretation of Section 43A of the Income Tax Act. Analysis: Issue 1: Disallowance of depreciation due to exchange gain The case involved a dispute regarding disallowance of depreciation amounting to ?11,30,345 due to exchange gain. The Assessing Officer had reopened the assessment for the relevant year, claiming that the excess depreciation was claimed by the respondent due to gain on foreign exchange conversion of loan liabilities. The CIT(A) allowed the appeal on the grounds that the reopening notice was without jurisdiction and that adjustments in fixed assets should only be made for actual payments due to exchange rate variations, not on a notional basis. The Tribunal upheld the decision, stating that no actual payment was made during the relevant year, in line with the amended Section 43A of the Act. The Tribunal's decision was based on the precedent set by the Supreme Court in Woodward Governor India P. India, emphasizing the requirement of actual payment for adjustments in fixed assets. Consequently, the appeal challenging the disallowance of depreciation was dismissed. Issue 2: Jurisdiction of reopening assessment The Assessing Officer had reopened the assessment for the subject year based on the gain from foreign exchange conversion of loan liabilities. However, both the CIT(A) and the Tribunal found the reopening notice to be without jurisdiction. The CIT(A) specifically highlighted the lack of authority for the reopening notice and ruled in favor of the respondent. The Tribunal also dismissed the Revenue's appeal, emphasizing that the reopening notice lacked jurisdiction. The issue of jurisdiction was crucial in determining the validity of the reassessment, ultimately leading to the dismissal of the appeal. Issue 3: Interpretation of Section 43A of the Income Tax Act The interpretation of Section 43A of the Income Tax Act was a central point of contention in the case. The Tribunal's decision was based on the amended Section 43A, which required adjustments in fixed assets only when actual payments were made due to exchange rate variations. The Tribunal's reliance on the decision in Woodward Governor India P. India further supported the interpretation that actual payment was a prerequisite for adjusting the cost of fixed assets. The Tribunal's decision was in line with the Apex Court's ruling on the matter, emphasizing the importance of actual payment for adjustments under Section 43A. The issue of interpreting Section 43A played a significant role in determining the outcome of the appeal, ultimately leading to its dismissal. In conclusion, the judgment addressed various issues related to the disallowance of depreciation, jurisdiction of reopening assessment, and the interpretation of Section 43A of the Income Tax Act. The decisions made by the CIT(A) and the Tribunal were based on legal principles and precedents, ultimately resulting in the dismissal of the appeal challenging the disallowance of depreciation.
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