PCIT v. Kesoram Industries Ltd. (2023) 291 Taxman 562 (Cal)(HC)

S. 37(1) : Business expenditure-Derivative loss-Business loss-Mark-to-market basis-account Foreign exchange fluctuation-Mercantile basis-Allowable as deduction. [S. 28(i), 145]

Assessee claimed derivative loss which was booked on a marked-to-market basis on foreign exchange fluctuation at year-end on a mercantile basis. Revenue disallowed the loss on the basis that the same was a provision for the future and was, therefore, notional in nature. High Court dismissed the departmental appeal and held that the loss was allowable as a deduction under section 37(1) of the Act. In this regard, High Court followed its earlier decision in the case of Pr. CIT v. Pricewaterhouse Coopers (P.) Ltd. [ITAT No. 269 of 2017, dated 17-12-2021]. (AY 2011-12)