ACIT v. Madura Garments Lifestyle Retail Co. Ltd. (2021) 92 ITR 11 (SN) (Mum.)(Trib.)

S. 28(i) : Business loss-Foreign exchange forward contract cover from Bank-Maturity date falling on April, May and June 2013-Entitle to claim loss only in the year of actual loss. [S. 37(1), 143(3), 145]

Held  that the assessee had booked the loss in the profit and loss account considering the closing marked to market rate as on March 31, 2013. But the maturity date mentioned in the contract fell on April, May and June 2013. The loss calculated by the assessee as on March 31, 2013 was only notional loss and the actual loss fell only when it failed to fulfil the terms of the contract on the respective contract maturity date. Therefore, this loss actually fell on April, May and June 2013. It pertained to the next assessment year, and the assessee could claim this loss only in the year of actual loss. (AY.2013-14)