CIT v. Continuum Wind Energy (India) (P.) Ltd. (2021) 430 ITR 52 / 276 Taxman 286 (Mad.)(HC)

S. 43A : Rate of exchange – Foreign currency – loan availed for acquisition of fixed assets- Depreciation is held to be allowable on such adjustment- No exempt income – No disallowance can be made [ S. 14A,32, R.8D ]

Dismissing the appeal of the revenue the Court held that where assessee converted Indian currency loan availed for acquisition of fixed assets, namely, plant and machinery, into foreign currency loan for saving interest, loss incurred due to foreign exchange fluctuation on such foreign loan was to be adjusted against cost of concerned capital assets in terms of section 43A and depreciation was to be allowed on such adjusted value of capital assets .  Court affirmed the order of the Tribunal holding that when there is no exempt income during the year , no disallowance can be made .  (AY. 2013-14)