VidhiSangh

Supreme Court of India · 12/04/2022

WIPRO FINANCE LTD. versus COMMISSIONER OF INCOME TAX

[2022] 2 S.C.R. 1146 · 2022 INSC 417

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Summary

A financing company sought deduction of foreign-exchange losses on money borrowed for its regular leasing and hire-purchase business, including an amount mistakenly capitalised in its return. The Court restored the Tribunal’s allowance of the entire Rs.3,56,57,727 as revenue expenditure. The borrowing served trading operations rather than acquisition of a foreign asset by the assessee, and the Tribunal could entertain the fresh claim. Consequential depreciation benefits on the capitalised amount had to be withdrawn.

Issues

  1. Whether exchange-fluctuation loss on the business borrowing was deductible revenue expenditure.
  2. Whether the Tribunal could allow a fresh revenue deduction claim inconsistent with the original return.

Provisions considered

Held

Result

Appeal allowed without costs; the High Court’s order was set aside and the Tribunal’s decision restored on both disputed questions. The assessment was to reflect the entire Rs.3,56,57,727 revenue deduction with the consequential capitalisation-based benefits removed. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2022] 2 S.C.R. 1146.