Honda Motorcycle and Scooter India (P.) Ltd. v. DCIT (2021) 187 ITD 264 (Delhi)(Trib.)

S. 43A : Rate of exchange-Foreign currency-Fixed asset-Foreign currency loan-Adjustment against foreign exchange gain against capital work in progress and net amount of gain was to be offered to tax.

Assessee-company purchased fixed assets by taking loan in foreign currency and suffered foreign exchange loss of Rs. 2.16 crores. Against this, foreign exchange gain of Rs. 53.06 lakhs against capital work-in-progress was adjusted and balance of Rs. 1.63 crores was added back in computation of income. Assessing Officer/DRP sought to add said Rs. 53.06 lakhs to income of assessee. On appeal the Tribunal held that  foreign exchange loss on acquisition of fixed assets was not allowable as an expenditure in view of section 43A; thus, foreign exchange gain of Rs. 53.06 lakhs was to be adjusted against loss; and net amount of Rs. 1.63 crores was to be offered to tax. (AY. 2012-13)