Income Tax

Foreign exchange forward contract incidental to export business held not speculative activity

Foreign exchange forward contract incidental to export business to cover up losses due to foreign exchange rate variation not speculative activity – SC dismissed SLP of the Revenue

ABCAUS Case Law Citation:
ABCAUS 3279 (2020) (03) SC

Important case law relied upon by the parties:
Bhavani Gems vs. ACIT
CIT vs. Bank of Bahrain   and   Kuwait

In this case SLP was filed by the Income Tax Department (Revenue) against the judgment of the Hon’ble High Court which held the question of law in favour of the assessee.

The question framed by the Revenue was as to whether the Tribunal was justified in law in deleting the addition of ‘Mark to Market’ Loss made by the   Assessing Officer (AO) on   account   of disallowance of loss on foreign exchange forward contract loss being a notional loss and hence not allowable.

The Hon’ble High Court noted that in a similar case involving similar question this issue stood concluded against the Revenue and in the favour of the Assesse.

In the said case, the assessee was engaged in the business of import and export of diamonds. The assessee had claimed loss on account   of having entered into hedging transactions to safeguard variation in exchange rates affecting its transactions of import and export by entering into forward contracts.

The Assessing Officer had however disallowed   the   claim   on ground that it was a notional loss of a contingent liability.

The Tribunal found that the transaction of forward contract was entered into during the course of its business. It was held that the transaction entered into by the assessee was not in the nature of speculative activities. Further the hedging   transactions were entered into so as to cover variation in foreign exchange rate which would impact its business   of   import and export.

The Hon’ble High Court while upholding the ITAT order had held that forward contract in foreign exchange when incidental to carrying on business of exporter and done to cover up losses on account of differences in foreign exchange valuations would   not be speculative activity but a business activity.

In view of the its own decision as above, the Hon’ble High Court had dismissed the appeal holding that the question proposed did not give rise to any substantial question of law.

Not satisfied with the judgment of the Hon’ble High Court the Revenue had filed a Petition for Special Leave before the Hon’ble Supreme Court which had been dismissed.

Download Full Judgment Click Here >>

Share

Recent Posts

  • Income Tax

Object of assessment proceedings is not to find empirically correct solution on every fact issue – HC

It can never be the object of assessment proceedings to find an empirically, absolutely correct solution on every fact issue…

1 day ago
  • Income Tax

Penalty u/s 270A deleted as assessee filed revised computation during scrutiny

Penalty u/s 270A deleted as assesse filed revised computation during scrutiny correcting the mistake which was noticed only after the…

2 days ago
  • Income Tax

Penalty u/s 271B for unfilled column 40 in Tax Audit Report Form 3CD deleted by ITAT

Penalty u/s 271B for unfilled column 40 in Form 3CD related to details regarding turnover, gross profit etc. for previous…

4 days ago
  • Income Tax

Merely ex-parte rectifying computation without amending assessment order not make it nullity- ITAT

Merely rectifying computation without amending assessment order without notice to assessee does not nullify the entire assessment  - ITAT In…

1 week ago
  • Income Tax

Once assessee discharges primary onus, it shifts to AO to bring evidence to contrary – ITAT

Once assessee discharges primary onus of providing basic documents in support of the identity, genuineness and the creditworthiness it shifts…

1 week ago
  • Income Tax

Cost Inflation Index for FY/Tax Year 2026-27 notified by CBDT. See Up-to-date Table of CII

CBDT has notified Cost Inflation Index for Financial Year / Tax Year 2026-27 CBDT has notified "384" as Cost Inflation…

1 week ago