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Issues Involved:
1. Nature of Iraqi debts. 2. Deduction under section 80HHB of the I.T. Act on exchange fluctuation gain. 3. Claim for deduction of bad debts. 4. Notional interest provided in books on debts. Issue 1: Nature of Iraqi Debts The first issue pertains to the nature of Iraqi debts amounting to Rs. 1,23,42,79,007. The assessee, a Government of India undertaking under the Ministry of Railways, executed turn-key projects in Iraq. Due to Iraq's war with Iran and subsequent UN embargo, payments were deferred and eventually settled through Government of India-issued bonds. The assessee transferred these debts to the Government of India in exchange for bonds, claiming a long-term capital loss. The Tribunal examined whether the debts constituted a capital asset and if the exchange fluctuation gain was of capital or revenue nature. The Tribunal concluded that the gain was revenue in nature, as the debts were part of circulating capital used in business operations. This conclusion was supported by accounting entries and the nature of the project receivables, which were directly linked to the business transactions. Issue 2: Deduction under Section 80HHB of the I.T. Act The second issue concerns the assessee's claim for deduction under section 80HHB on exchange fluctuation gains. The Assessing Officer denied the claim, stating that the conditions for the deduction were not met, including the creation of a reserve and bringing convertible foreign exchange into India. The Tribunal noted that the CBDT had issued circulars treating bonds issued for Iraqi projects as convertible foreign exchange for section 80HHB purposes. The Tribunal found that the assessee had bona fide reasons for not creating the reserve and that the gains had a direct nexus with the foreign projects. The Tribunal directed the Assessing Officer to allow the assessee to create the necessary reserve and grant the deduction if conditions were met. Issue 3: Claim for Deduction of Bad Debts The third issue involves the assessee's claim for deduction of bad debts. The Tribunal noted that deductions under section 36(1)(vii) of the Act are allowed for revenue items. Since the project receivables were determined to be of revenue nature, the bad debt claim was considered valid. The Tribunal emphasized that the nature of the transaction, not the accounting entry, determines the treatment of income or loss. Issue 4: Notional Interest Provided in Books on Debts The final issue is the taxability of interest receivable on deferred payments from Iraq, amounting to Rs. 26.23 lakhs. The Tribunal examined whether the interest had actually accrued to the assessee. Given the lack of a protocol between the Indian and Iraqi governments after January 1991, and the fact that no interest had been paid, the Tribunal concluded that no real income had accrued. The Tribunal applied the principle of real income, holding that hypothetical income entries in the books do not justify taxability. The Tribunal deleted the addition made on account of interest, stating that it could be taxed when actually received. Conclusion: The Tribunal partly allowed the appeal, concluding that the exchange fluctuation gain was revenue in nature, the deduction under section 80HHB should be reconsidered with the creation of a reserve, the bad debt claim was valid, and the notional interest should not be taxed until actually received.
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