Dy. CIT v. Albasta Wholesale Services Ltd (2019) 70 ITR 504 (Delhi)(Trib.)

S. 37(1) : Business expenditure—Foreign exchange fluctuation loss—department accepting that assessee had commenced its business in earlier year—Denial of claim on reason that no business commenced for instant year not justified.

Assessee while claiming foreign exchange fluctuation loss had as per the AO in AY 2009-10 commenced business and was also substantiated as per the Commissioner (In Appeals) for AY 2010-11, Thus the department having accepted the previous decisions was not justified when the AO for AY 2011-12 held that the assessee had not started any business either during the year or prior to the year. Hence, the assessee had already set up the business. (ITA Nos. 6546/DEL/2015, AY. 2011-12)