THE PRINCIPAL COMMISSIONER OF INCOME TAX-4 vs. M/S FOREVER GEMS PVT. LTD.
What did the High Court hold?
The Tribunal held that the Assessing Officer erred in applying Section 43A of the Act because it deals with capital account transactions, and in the present case, there were no long-term loan liabilities and the fixed assets were of negligible value. The Tribunal further held that the provision created by the assessee in respect of revenue transactions, representing current liabilities in foreign currency at the end of the financial year based on the prevailing currency rate, could not be treated as unascertained liabilities. Relying on the Supreme Court's decision in CIT vs. Woodward Governor India Private Ltd. (312 ITR 254), the Tribunal held that the trading liability arising on account of currency fluctuation is an ascertained liability and eligible for deduction. The Tribunal also noted the assessee's consistent practice of adjusting accounts for currency fluctuation, accepted by the Revenue in earlier years, supporting the deduction on the principle of consistency. Consequently, the Tribunal found no reason to interfere with the CIT(A)'s order and dismissed the Revenue's appeal. The High Court found no infirmity in the ITAT's order, which was based on facts and the Supreme Court's decision, and thus held that no substantial question of law arose.
What were the facts?
The assessee, M/s Forever Gems Pvt. Ltd., engaged in import, export, and manufacturing of diamonds and stones, claimed a provision for foreign exchange difference on imports amounting to Rs. 11,61,18,652 for Assessment Year 2013-14. The Assessing Officer (AO) disallowed this claim, arguing it was only allowable upon actual payment under Section 43A and that it represented an unascertained liability under Section 37(1). The CIT(Appeals) deleted the addition. The Revenue appealed to the Income Tax Appellate Tribunal (ITAT). The ITAT upheld the CIT(Appeals)'s order, finding that Section 43A was inapplicable as there were no long-term loan liabilities and negligible fixed assets, and that the provision related to current liabilities arising from currency fluctuation was an ascertained liability, eligible for deduction. The High Court heard the Revenue's appeal against the ITAT's order.
What were the issues?
1. Whether the Appellate Tribunal has erred in law and on facts by upholding the decision of the CIT(A) in deleting the addition on account of disallowance of provision for import exchange difference of Rs. 11,61,18,652 incurred on unexpired contracts at the end of the accounting period, turning on Sections 43A and 37(1) of the Income Tax Act, 1961. Assessee's contentions: Not explicitly recorded, but implicitly supported the deletion of the addition. Revenue's contentions: The provision for import exchange difference was not allowable as a deduction. Firstly, deduction for provisions relating to import of goods on account of exchange fluctuation is available only on actual payment as per Section 43A. Secondly, such provision represents an unascertained liability, not allowable under Section 37(1).
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
C/TAXAP/839/2019 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 839 of 2019 ========================================================== THE PRINCIPAL COMMISSIONER OF INCOME TAX-4 Versus M/S FOREVER GEMS PVT. LTD. ========================================================== Appearance: MRS MAUNA M BHATT(174) for the Appellant(s) No. 1 MR B S SOPARKAR(6851) for the Opponent(s) No. 1 ========================================================== CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA and HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 20/01/2020
ORAL ORDER (PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA) 1 This Tax Appeal is filed under Section 260A of the Income Tax Act, 1961 [for short, 'the Act, 1961') at the instance of the Revenue and is directed against the order dated 26th June 2019 passed by the Income Tax Appellate Tribunal, Ahmedabad Bench 'C' in ITA No.1798/Ahd/2017 for A.Y. 201314. 2 Revenue has proposed following question as substantial question of law: “Whether the Appellate Tribunal has erred in law and on facts by upholding the decision of the CIT(A) in deleting the addition on account of disallowance of provision for import exchange difference of Rs.11,61,18,652/ incurred on unexpired contracts at the end of accounting period?” 3 The assessee, which is a private limited company, is engaged in Page 1 of 4
C/TAXAP/839/2019 ORDER the business of imports, exports and manufacturing of Diamonds, Precious and Semi Precious Stones and other sources during the year. The assessee in the year under consideration claimed provision for the foreign exchange difference in respect of the import of goods amounting to Rs.11,61,18,652/. The Assessing Officer disallowed the claim of provision made by the assessee firstly on the ground that deduction for the provision relating to the import of goods on account of exchange fluctuation is available only on the actual payment as per the provisions of Section 43A of Act, 1961, and secondly, such provision on account of currency fluctuation is representing the unascertained liabilities which is not allowable as deduction under Section 37(1) of the Act. 4 Being dissatisfied with the assessment order, the assessee carried the appeal before the CIT (Appeals) to delete the addition made by the Assessing Officer. 5 The Revenue carried the matter before the Tribunal. The Tribunal, after considering the submissions made before it as well as the order passed by the CIT(Appeals), confirmed the order of deletion of addition by observing as under: “5 We have heard the rival contentions of both the parties and perused the materials available on record. From the preceding discussion, we note that the assessee created the provision in respect of the revenue transactions. This fact can be verified from the annual accounts of the assessee which is available on pages 3169 of the paper book. There was no longterm loan liability, and the fixed assets were of negligible value. Therefore, the provisions of section 43A of the Act cannot be applied in the present facts and circumstances as it deals with the capital account transaction. Accordingly, we hold that the AO erred in applying the provisions of section 43A of the Act. 5.1 The next controversy arises whether the impugned transaction is presenting the unascertained liabilities. The assessee created such provision in respect of the current liabilities represented in foreign currency at the end of the financial i.e. 31st March 2013 based on the rate of currency prevailing at the relevant time. Therefore, we are of the considered opinion that such liabilities cannot be treated as unascertained liabilities. Page 2 of 4
C/TAXAP/839/2019 ORDER 5.2 We also note that the Hon'ble Apex Court involving identical facts and circumstances in the case of CIT versus Woodward Governor India Private Ltd reported in 312 ITR 254 has held as under: “15 For the reasons given hereinabove, we hold that, in the present case, the “loss” suffered by the assessee on account of exchange differences as on the date of the balance sheet is an item of expenditure under section 37(1) of the 1961 Act.” From the above, it is clear that the trading liability arising on account of currency fluctuation is ascertained liability, and therefore, it is eligible for deduction. 5.3 We also note that the assessee has been adjusting the books of accounts consistently on account of currency fluctuation, which has been accepted by the Revenue in the earlier years. Therefore, we are of the view that the assessee is also entitled to the deduction of such provision as per the principles of consistency. In view of the above, we do not find any reason to interfere in the finding of the learned CIT(A). Hence, the ground of appeal of the Revenue is dismissed.” 6 Thus, the Tribunal concurring with the order passed by the CIT(Appeals) held that there was no long term loan liability, and the fixed assets were of negligible value, and therefore, the provisions of Section 43A of the Act cannot be applied in the present facts and circumstances as it deals with the capital account transaction. The Tribunal following the decision of the Supreme Court in CIT vs. Woodward Governor India Private Litd reported in 312 ITR 254 held that the trading liability arising on account of currency fluctuation is ascertained liability, and therefore, it is eligible for deduction. 7 In view of the findings of fact arrived at by both the authorities, there is no infirmity in the impugned order passed by the Tribunal which is based upon the facts emerging from the record as well as the application of the decision of the Supreme Court of India in the aforesaid case. 8 In that view of the matter, no question of law much less any Page 3 of 4
C/TAXAP/839/2019 ORDER substantial question of law arises from the impugned order passed by the Tribunal. This appeal is, therefore, dismissed. No order as to costs. (J. B. PARDIWALA, J) (BHARGAV D. KARIA, J) CHANDRESH Page 4 of 4
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