PCIT v. Avantha Realty Ltd (2025) 482 ITR 599 (Cal)(HC)

S. 28(i) : Business loss-Capital loss-Foreign exchange fluctuation loss-Allowable as business loss.[S.37(1), 260A]

Held that the Tribunal had rightly affirmed the order passed by the Commissioner (Appeals). It was not in dispute that the assessee was a non-banking financial company and had suffered a loss on account of foreign exchange fluctuation on receipt of repayment of a loan to a foreign company. The Tribunal was justified in holding that the loss due to foreign exchange fluctuation was a revenue loss and not a capital loss as held by the Assessing Officer. (AY.2004-05)

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