2025 (9) TMI 584 - AT - Income Tax

Double-taxation corrected: Rs1.14 crore reallocated; forward commodity losses allowed under s.37(1); loan and hedging additions upheld (1)

A2Z Maintenance & Engineering Services Ltd. Versus DCIT, Central Circle-II, Faridabad. And (Vice-Versa)

ITAT, Delhi (AT) partly allowed the assessee's appeals. It directed the AO to reduce an inadvertently offered additional income of Rs.1.14 crore from AY ... Assessment u/s 153A - Correct AY year - Search and seizure - Additional income offered ignoring the fact a sum of amount was already offered by the assessee in the earlier Assessment Year - Double taxation - HELD THAT:- Assessee has made additional income offered which actually pertinent to AY 2010-11 and needs to be reduced from the total income assessed. At the same time, it is seen that assessment stood completed by accepting the income declared by the assessee in the return of income filed in response to notice u/s 153A of the Act. It is settled principle of law that whatever income is declared by the assessee in its return of income cannot be reduced. Accordingly, in this year though we agree with the argument of the AR, however, if the additional income of Rs. 1.14 Cr is reduced, it will be resulted into the assessment at an income which is lower than return income. We uphold the assessed income at Rs. 1,10,70,33,060/- and direct the AO to reduce the amount of additional income Rs. 1.14 Cr inadvertently offered in AY 2009-10 from the total income assessed for Assessment Year 2010-11. With these directions, the assessee’s appeal for Assessment Year 2009-10 is partly allowed. Disallowing the loss on forward transactions in commodities - Assessee was not making future contracts of Steel and Aluminum but entered into transactions to cover up the loss in price fluctuations in execution of the works contracts. Thus it does not constitute speculative business activity as provided in Explanation -2 of the Act. Accordingly, by respectfully following the judgement of Sri Ramalinga Choodambigai Mills Ltd. [1998 (2) TMI 51 - MADRAS HIGH COURT] in our considered opinion once the assessee was not engaged in the speculative activity and hedging was done to save the business losses due to future price fluctuations, therefore, such transactions are wholly and exclusively for benefit of the business and accordingly the same is allowable as expenditure u/s 37(1) of the Act. In view of these facts, we allowed the loss of forwarding contracts - The grounds of appeal No.3 and 4 of the assessee are allowed. Double addition of same amount in two different Assessment Years - From the perusal of the assessment order for AY 2010-11, we find that AO had made separate addition being amount of additional income offered in the statement recorded u/s 132(4) during the course of search and not offered in the return of income filed. We find that this income has already been included as additional income by the assessee in Assessment Year 2009-10 and due taxes were paid, thus, further addition of the same in the year under appeal would be tantamount to double taxation. Accordingly, we hereby direct the AO to delete the addition on account of income which has already been offered for tax in preceding year. The additional Ground taken by the assessee is thus allowed. Nature of expenditure - addition being the loan processing charges paid to the financial institution which was held as capital expenditure by the AO - CIT(A) deleted the addition - HELD THAT:- CIT(A) followed the judgment of Taparia Tools Ltd. [2015 (3) TMI 853 - SUPREME COURT] which has direct bearing on this issue. Further in the case of India Cements [1965 (12) TMI 22 - SUPREME COURT] also of the similar view. In view of these facts and by respectfully following the judgements of hon’ble Supreme court and of hon’ble high court as cited above, we find no infirmity in the order of Ld. CIT(A) which is hereby upheld. The ground of Appeal No.1 of the Revenue is dismissed. Addition being the premium paid to bank on account of hedging of foreign currency for repayment of foreign currency loan - CIT(A) deleted addition - HELD THAT:- Revenue has not controverted the findings of the Ld. CIT(A) who had deleted the disallowance by placing reliance on the judgment of Britannia Industries Ltd[2015 (6) TMI 39 - CALCUTTA HIGH COURT] - Thus, we find no error in the order of the Ld. CIT(A) which is hereby upheld. Ground of appeal No. 2of the revenue is dismissed. ISSUES PRESENTED AND CONSIDERED 1. Whether an amount of additional income declared in the return for one assessment year but pertaining to a subsequent assessment year can be reduced from the earlier year's assessed income when the assessment for the earlier year was completed accepting the return income. 2. Whether losses on forward/hedging transactions in commodity contracts entered to neutralize price fluctuation risk in execution of long-term EPC contracts constitute speculative transactions under the definition of 'speculative transaction' and/or form a separate 'speculation business' under Explanation 2 to section 28, and if not, whether such losses are allowable as business expenditure under section 37(1). 3. Whether loan processing fees paid to financial institutions are capital expenditure or revenue expenditure and hence deductible in the year of payment (or otherwise), taking into account judicial authority on the effect of bookkeeping treatment. 4. Whether premium paid on forward/hedging contracts for foreign-currency loan repayment constitutes a speculative transaction (and therefore not deductible) or is a hedging expense allowable as business expenditure. ISSUE-WISE DETAILED ANALYSIS Issue 1: Treatment of additional income disclosed in an earlier year but pertaining to a later year Legal framework: Assessability is determined by the assessment year to which income pertains. However, it is a settled principle that once an assessee declares income in a return and the assessment is completed by accepting the return, that declared income cannot be reduced in that assessment year. Precedent treatment: The Court applied the settled principle that income declared in a return and accepted in assessment cannot be reduced thereafter, while recognizing the need to avoid double taxation where the same income is separately assessed in another year. Interpretation and reasoning: The Tribunal examined the factual matrix: the amount (approx. Rs. 1.14 crore) was disclosed in the return for the earlier year though in substance it related to the subsequent year. The assessing officer assessed the amount in the earlier year (accepted return) and also made addition in the later year on the basis that it was admitted in statements but not offered in that year's return. The Tribunal balanced two principles - finality of return-based acceptance and prevention of double taxation. Because the earlier year's assessment had been completed accepting the return (thus the return declaration could not be reduced), the Tribunal held that the assessed income for that earlier year would stand. Simultaneously, to avoid double taxation, the Tribunal directed the assessing officer to exclude/reduce the same amount from the later year's assessment, since taxes had already been paid by offering it in the earlier year's return. Ratio vs. Obiter: Ratio - where income declared in an accepted return of one year is the same income assessed again in another year, the declared acceptance in the earlier year stands and the later year must be adjusted to prevent double taxation. Obiter - commentary on inadvertent offers and administrative rectification; general observations about declaration finality. Conclusion: The assessed income for the earlier year remains as accepted; the same amount must be reduced in the later year to avoid double taxation. The appeal related to the earlier year was partly allowed (directions to adjust the later year), and the later year appeal ordered deletion of the duplicate addition. Issue 2: Loss on forward commodity contracts (hedging) - speculative transaction or business expenditure Legal framework: Definition of 'speculative transaction' covers contracts settled otherwise than by delivery. Explanation 2 to section 28 treats speculative transactions that constitute a business as a distinct 'speculation business.' Section 37(1) allows expenditure wholly and exclusively for business. There is a statutory proviso excluding bona fide raw-material hedging contracts entered into in the course of manufacturing/merchanting business from being deemed speculative. Precedent treatment: The Tribunal relied on judicial authority holding that contracts entered to secure supply of raw materials (or to hedge price risk for business requirements) are excluded from being speculative and need not be treated as a separate speculative business where they are integral to the commercial operation. Interpretation and reasoning: On facts the assessee, an EPC contractor, required steel and aluminium continuously for long-duration contracts at fixed tender prices; to neutralize future price fluctuations it entered hedging contracts on commodity exchanges. The Tribunal found these transactions were undertaken solely to protect the operating business (not for profit from speculation), involved commodities used in execution of contracts, and had no independent profit motive. Therefore, such hedging did not constitute a separate speculation business under Explanation 2 and did not fall within the ambit of 'speculative transaction' for disallowance. The hedging losses were held to be incurred wholly and exclusively for business and allowable under section 37(1). Ratio vs. Obiter: Ratio - bona fide hedging transactions entered to protect business operations and involving commodities used in manufacture/supply are not speculative transactions requiring segregation as a speculation business; losses thereon are allowable as business expenditure. Obiter - amplified doctrinal discussion on the scope of Explanation 2 and policy considerations. Conclusion: Addition disallowing loss on forward commodity transactions was deleted; the loss was allowed as business expenditure under section 37(1). Issue 3: Nature of loan processing fees - capital or revenue expenditure Legal framework: Distinction between capital and revenue expenditure; statutory and judicial principles governing deductibility and amortization; specific statutory provisions allow amortization in limited contexts; bookkeeping classification is not decisive for tax treatment. Precedent treatment: The Tribunal applied binding precedent from the highest court (and persuasive high court authority) holding that loan processing fees paid for raising loans for business purposes are revenue in nature and deductible, and that different accounting treatment in books does not preclude tax deduction where the expenditure is revenue. Interpretation and reasoning: The assessing officer treated substantial loan processing fees as capital, disallowing them; the appellate authority analyzed that the loans funded running projects and working-capital facilities and no enduring capital asset arose from payment of such fees. Relying on higher court authority that bookkeeping classification alone cannot deny deduction, the Tribunal found the processing fees were incurred for business purpose and are revenue expenditure allowable in the year of payment (or as per accepted tax treatment), and therefore upheld deletion of the addition. Ratio vs. Obiter: Ratio - loan processing fees paid to obtain working-capital/term loans for existing business/projects constitute revenue expenditure deductible for tax purposes; accounting treatment alone does not determine tax character. Obiter - remarks on amortization schedules and specific amortization provisions. Conclusion: Addition disallowing loan processing fees was deleted; the appellate finding treating the processing fees as allowable revenue expenditure was upheld. Issue 4: Premium on forward contracts for hedging foreign-currency loan repayment - speculative or allowable hedging expense Legal framework: As with commodity hedging, forward contracts entered to hedge foreign-exchange risk on borrowings may fall outside 'speculative transaction' characterization if entered bona fide to safeguard business obligations; deductibility follows if wholly and exclusively for business. Precedent treatment: The Tribunal followed High Court authority holding that forward contracts used purely to hedge forex exposure on loans are not speculative transactions within section 43(5) and the premium is an allowable business expenditure. Interpretation and reasoning: The premium was paid to hedge repayment obligations under foreign-currency loans and to mitigate exchange fluctuation loss. The assessing officer treated the premium as speculative (partly because transaction was with a bank and not a recognized stock exchange). The Tribunal concluded that the commercial character (hedging for loan repayment) makes such payments non-speculative and allowable; reliance on authority recognizing hedging contracts as outside speculative transactions was accepted. The fact that the counterparty was a bank did not change the character when the contract was a genuine hedge. Ratio vs. Obiter: Ratio - premium paid on bona fide hedging contracts related to repayment of foreign-currency loans is not a speculative transaction and is allowable as business expenditure. Obiter - discussions on exchange venues and technical compliance with exchange settlement were ancillary. Conclusion: Disallowance of premium on forward contracts was deleted; the premium was allowed as business expenditure.