1997 (7) TMI 17 - SC - Income Tax

Assessee, a sterling company maintaining accounts in pound sterling - Tribunal was right in holding that for the purpose of computation of the admissible amounts of depreciation under section 32(1)(iii) and/or development rebate and profit under section 41(2) of the Act for the assessment years 1968-69 and 1969-70, the written down value of the fixed assets should be determined not in pound sterling, but in equivalent amount of rupees

Summary

Issues:
1. Calculation of depreciation and profit in foreign currency for Indian assessment
2. Revision of written down value of assets under different tax acts
3. Withdrawal of interest granted in original assessment

Analysis:

Issue 1: Calculation of depreciation and profit in foreign currency for Indian assessment
The first question in the appeal dealt with the calculation of depreciation and profit in a foreign currency for Indian assessment. The Supreme Court agreed with the High Court's view that the assessment of total income in India must be in Indian rupees, regardless of the company maintaining accounts in a foreign currency. The court emphasized that depreciation should be calculated in Indian currency at the time of asset acquisition, irrespective of subsequent fluctuations in foreign currency value. Therefore, the first question was rightly answered in favor of the Indian tax assessment principles.

Issue 2: Revision of written down value of assets under different tax acts
The second question revolved around the revision of the written down value of assets acquired before a specific date under different tax acts. The High Court's decision against the assessee was upheld by the Supreme Court. The judgment did not delve into extensive details regarding this issue, but it affirmed the High Court's ruling on the matter, indicating that the revision of the written down value was not required for the assessment years in question.

Issue 3: Withdrawal of interest granted in original assessment
The fourth question addressed the withdrawal of interest granted in the original assessment. The Supreme Court referred to a previous case law to establish that the interest payable on regular assessment is determined by the first order of assessment under the relevant tax section. Any subsequent modifications or fresh orders directed by a higher authority do not constitute a regular assessment. Therefore, the court agreed with the High Court's decision against the assessee regarding the withdrawal of interest granted in the original assessment.

In conclusion, the Supreme Court dismissed the appeal and upheld the High Court's decisions on all the issues raised in the case. No costs were awarded in the matter.