1981 (7) TMI 100 - AT - Income Tax

Summary

Issues:
1. Interpretation of provisions of r. 115 of the IT Rules, 1962 for conversion of freight earnings.
2. Applicability of the original r. 115 of the Rules versus the amended rule.
3. Justification of taking the value of the dollar at Rs. 7.50 per dollar for conversion.
4. Comparison with a previous Tribunal decision on a similar issue.

Detailed Analysis:
1. The case involved a non-resident shipping company earning freight on export cargo, seeking to compute profits based on the provisions of r. 115 of the IT Rules, 1962. The Income Tax Officer (ITO) disagreed with the application of r. 115 and used different conversion rates for different ships. The company appealed to the CIT (A) who accepted the company's contention and applied the value of the dollar at Rs. 7.50 per dollar in accordance with r. 115.

2. The Revenue appealed against the CIT (A)'s decision, arguing that the conversion rate of Rs. 7.50 per dollar was incorrect as per the prevailing exchange rate. The Tribunal analyzed the applicability of the original r. 115 of the Rules, which was in force during the relevant assessment year, as opposed to the amended rule that came into effect later. The Tribunal held that the original r. 115 applied, mandating the conversion at Rs. 7.50 per dollar, supporting the CIT (A)'s decision.

3. The Tribunal considered the Revenue's argument regarding the prevailing exchange rate but upheld the decision to use Rs. 7.50 per dollar for conversion. The Tribunal referenced a previous case where a similar issue was addressed, and the Tribunal had ruled in favor of applying the flat rate of Rs. 7.50 per dollar for conversion. The Tribunal found no distinguishing feature in the current case to warrant a different decision and confirmed the CIT (A)'s order.

4. In light of the previous Tribunal decision and the consistency in applying the conversion rate of Rs. 7.50 per dollar for freight earnings, the Tribunal dismissed the Revenue's appeal and confirmed the CIT (A)'s decision. The Tribunal concluded that the CIT (A) was justified in using the flat rate for conversion, despite the prevailing exchange rate being higher, as the original r. 115 of the Rules was applicable during the relevant assessment year.