Pon Pure Chemical India (P.) Ltd. v.ACIT (2025) 481 ITR 799/ 172 taxmann.com 93 ((Mad)(HC)

S. 147 : Reassessment-With in four years-Change of opinion-Foreign exchange loss-Information relating to foreign currency transactions and loss was subject matter of query by Assessing Officer-Reassessment notice and order disposing the objection was set aside.[S. 37(1), 148, Art. 226]

 

 

 Assessing Officer reopened assessee’s assessment framed under section 143(3) for reasons that premium on forward contract and options and foreign exchange loss was not actual exchange fluctuation loss but were notional in nature and, thus, same was to be disallowed and brought to tax On writ the Court held that   since information relating to foreign currency transactions and loss based on which expenses were claimed as deduction under section 37 was furnished by assessee in response to notices issued under section 143(2) and was subject matter of query by Assessing Officer pursuant to which assessment order passed. Reassessment notice and order disposing the objection was quashed and set aside.   impugned reassessment order was liable to be set aside. (AY. 2016-17)

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