2021 (3) TMI 868 - AT - Income Tax

Disallowance towards foreign exchange fluctuation loss - CIT (Appeal) upholding the 50% of disallowance - HELD THAT - As gone through the order of the Co-ordinate bench of the Tribunal for the earlier years 2020 (5) TMI 674 - ITAT DELHI and 2018 (2) TMI 2027 - ITAT DELHI wherein the matter has been referred to the file of the Assessing Officer for verification of the utilization of the loan for business purpose by taking into account the amount of the loan raised, the quantum of the own capital and the reserves surplus, utilization of the amount for day-to-day running of the business and utilization off the amount for investment in the equity shares of the subsidiary company or the amount invested for infusion of the capital in any other company. AO may then take a considered decision in tune with the directions given earlier with regard to disallowance of interest on loan and bank charges in accordance with the provisions of the Income Tax Act. Appeal of the assessee allowed for statistical purpose.

Summary

Issues:
Appeal against disallowance of foreign exchange fluctuation loss.

Analysis:
The appellant filed an appeal against the order of the ld. CIT(A)-2, New Delhi regarding the disallowance made by the Assessing Officer towards foreign exchange fluctuation loss. The appellant contended that the disallowance was not incurred wholly and exclusively for the purpose of business. The appellant highlighted that gain on revaluation of foreign exchange had been taxed as income in earlier years, following the mercantile system of accounting and Accounting Standard 11. It was noted that a similar issue had been adjudicated for earlier assessment years. The appellant provided detailed information about the projects undertaken, loans secured, and investments made. The appellant argued that the advances received in foreign currency were revalued in accordance with AS-11 and used for business purposes. The CIT(A) had previously restricted the disallowance to 50% based on the decision for the A.Y. 2011-12. The Tribunal referred to previous judgments and directed the Assessing Officer to verify the utilization of the loan for business purposes, considering various financial aspects. The AO was instructed to make a decision on the disallowance of interest on loan and bank charges in accordance with the Income Tax Act. Ultimately, the appeal of the assessee was allowed for statistical purposes.

This judgment primarily addresses the disallowance of foreign exchange fluctuation loss and the utilization of loans for business purposes. The appellant's arguments centered around the application of accounting standards and the commercial expediency of investments made. The Tribunal referred to past decisions and directed the Assessing Officer to assess the loan utilization for business activities. The judgment emphasizes the importance of complying with accounting standards and the Income Tax Act in determining the allowability of expenses and charges.