| COURT: | ITAT Delhi |
| CORAM: | C. M. Garg (JM), Pramod Kumar (AM) |
| SECTION(S): | 92CA(3) |
| GENRE: | Transfer Pricing |
| CATCH WORDS: | forex gain, forex loss, Operating profit |
| COUNSEL: | G C Srivastava |
| DATE: | October 13, 2014 (Date of pronouncement) |
| DATE: | October 18, 2014 (Date of publication) |
| AY: | 2003-04 |
| FILE: | Click here to download the file in pdf format |
| CITATION: | |
| In computing operating profits, expenditure of other years has to be excluded. Forex gains and losses have to be treated at par | |
There is a categorical finding by the CIT(A) that superannuation contribution of Rs 5,88,254 pertains to the assessment year 2000-01 and 2001-02. This finding remains uncontroverted. In this view of the matter, there cannot indeed be any rationale in taking into account this expenditure for computation of operating profits of the assessee for the current year. Similarly, there is a categorical finding that Catia software, in respect of which amount of Rs 8,21,628 was excluded, was not used for the purpose of any work in the relevant previous year and it was only subsequent year that this software was actually used. This finding also remains uncontroverted. Clearly, therefore, this expense cannot be included in the computation of operating profit for the current year. As regards forex gain, the relief granted by the CIT(A) is only a natural corollary to the stand taken by the TPO to the effect that the forex losses are to be included in computation of operating income. When he does so, it cannot be open to him to take a stand that income from forex gain is to be treated as non operational income. In any event, forex gains cannot be considered in isolation of the revenues generated. It is in respect of such revenues that forex gains are received. As for the exclusion of bad debts, amortizations and provisions, in computation of the PLI of the comparables, we are unable to see any rationale in the same nor has it been justified before us.
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