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of <h1>Tribunal decision on foreign exchange loss, transfer pricing, bad debts, and costs.</h1> <h3>Tacke Wind Energy India (P.) Ltd. Versus Assistant Commissioner of Income-tax, Mumbai</h3> Tacke Wind Energy India (P.) Ltd. Versus Assistant Commissioner of Income-tax, Mumbai - [2010] 39 SOT 30 (MUM.) (URO) Issues Involved:1. Disallowance of foreign exchange fluctuation loss.2. Addition based on Transfer Pricing Officer's (TPO) determination of Arm's Length Price (ALP).3. Disallowance of bad debts.Issue-wise Detailed Analysis:1. Disallowance of Foreign Exchange Fluctuation Loss:The first issue concerns the disallowance of Rs. 9,752,653 claimed by the assessee due to foreign exchange fluctuation loss for the assessment year 2002-03. The assessee explained that the loss arose from currency fluctuations during imports. The Assessing Officer disallowed the claim, and the CIT(A) upheld this decision. However, the assessee's counsel cited a precedent from the Bombay High Court and the Supreme Court, which ruled in favor of the assessee in similar cases. The Tribunal, respecting these precedents, reversed the CIT(A)'s order and allowed the assessee's claim for the foreign exchange loss.2. Addition Based on TPO's Determination of ALP:The second issue relates to the addition of Rs. 4,86,55,800 based on the TPO's determination of the ALP. The assessee, part of the Enron Group, used the Resale Price Method (RPM) for transactions with associated enterprises (AEs). The TPO rejected the RPM, citing issues with comparables and the inability to substantiate negotiated prices. Instead, the TPO suggested the Transaction Net Margin Method (TNMM) as more appropriate. The TPO compared the assessee's transactions with those of M/s. Vestas RRB and M/s. CWEL, leading to an addition of Rs. 4,86,55,800. The CIT(A) upheld this addition. The Tribunal, however, noted that the TPO did not consider the installation and commissioning costs in India, which should be excluded from the cost of wind turbines. The Tribunal set aside this issue for reconsideration by the Assessing Officer, directing a fresh evaluation excluding the installation and commissioning costs.3. Disallowance of Bad Debts:The third issue involves the disallowance of Rs. 3,89,465 claimed as bad debts. The assessee's counsel argued that this issue is covered by the Supreme Court's decision in TRF Ltd. v. CIT and the Bombay High Court's decision in DIT (International Taxation) v. Oman International Bank Saoq. The Tribunal, respecting these precedents, deleted the addition made by the Assessing Officer.Assessment Year 2003-04:For the assessment year 2003-04, the only issue was the disallowance of Rs. 3,60,25,041 claimed towards foreign exchange fluctuation loss. The facts were identical to the previous year, and the Tribunal, following its earlier reasoning, allowed the assessee's claim.Conclusion:The appeal for the assessment year 2002-03 is partly allowed for statistical purposes, and the appeal for the assessment year 2003-04 is allowed.
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