Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 TMI Notes - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws----
  • ---- All Laws----
  • Benami Property
  • Bill
  • Central Excise
  • Companies Law
  • Customs
  • DGFT
  • FEMA
  • GST
  • GST - States
  • IBC
  • Income Tax
  • Indian Laws
  • Money Laundering
  • SEBI
  • SEZ
  • Service Tax
  • VAT / Sales Tax
Types:
---- All Types ----
  • ---- All Types ----
  • Act Rules
  • Case Laws
  • Circulars
  • Manuals
  • News
  • Notifications
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
RelevanceDefaultDate
    The Legal Contours of Input Tax Credit Eligibility: Procedural Aspects of GST and ITC
    Case LawsService Tax
    Reverse Charge Mechanism (RCM): Service Tax Implications for Exporters: A Legal Perspective on Forei...
    Case LawsIndian Laws
    Cheque Dishonour and Corporate Responsibility: Analyzing the Supreme Court's Latest Judgment
    Case LawsIncome Tax
    Validity of Notices / orders without DIN. The Critical Role of Procedural Compliance in Tax Administ...
    Case LawsIncome Tax
    Tax Exemptions: Capitation Fees in Educational Institutions: A Legal Quagmire
    Case LawsIncome Tax
    Procedural Technicalities vs. Substantive Justice in Tax Administration: A High Court Perspective
    Case LawsIncome Tax
    Revision u/s 263 and denial of deduction u/s 80IA: A Critical Analysis of the Delhi High Court's Jud...
    Case LawsIncome Tax
    Condonation of Delay and Jurisdictional Challenges: A Case Analysis of ITAT Kolkata's Decision
    Case LawsIncome Tax
    Legal Analysis: Scrutiny of Share Capital and Premium Under Section 68 of the Income Tax Act
    Case LawsIncome Tax
    Judicial Scrutiny of Retrospective Cancellation of Charitable Trust Registration: A Case Analysis of...
    Case LawsIncome Tax
    Office and Prosecution under Income Tax Act: Jurisdiction of Trial Court - Decision in a High Profil...
    Case LawsIncome Tax
    Taxation of Unexplained Income at Higher Rate of tax u/s 115BBE : A Comprehensive Analysis of the IT...
    Case LawsIncome Tax
    Analysis of ITAT Mumbai Judgment - Transfer Pricing Adjustment Dispute: Period of limitation u/s 144...
    Case LawsIncome Tax
    In-Depth Analysis of Key Issues in the ITAT Chennai Judgement
    Case LawsIncome Tax
    Doctrine of Merger in Income Tax Assessment: An Analysis of ITAT Chennai's Recent Judgment
    Case LawsIncome Tax
    Delay in refund processing, the petitioner's entitlement to interest, and the court's decision to gr...
    Case LawsIncome Tax
    Rejection of revision application u/s 264 in favor of assessee: A beneficial provision of Income Tax...
    Case LawsIncome Tax
    An Analysis of ITAT Decision on International Taxation, Capital Gains, and DTAA
    Case LawsIncome Tax
    Taxability of CSR fund: Treatment of certain funds received by an entity, particularly focusing on w...
    Case LawsIncome Tax
    Legal Analysis of ESOP Deduction and allowability in the Revised Return of income: An ITAT decision.
❯❯
MaximizeMaximizeMaximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

    +

    Are you sure you want to delete "My most important" ?

    NOTE:

    Notes
    Showing Results for :
    Reset Filters
    Results Found:
    Show All SummariesHide All Summaries
    Case LawsGST
    Show AI Summary
    Input Tax Credit eligibility: procedural limits on reversing claims without supplier inquiry and GSTR-2A non-reflection not dispositive.
    Section 16(2) sets the statutory conditions for Input Tax Credit-tax invoice, receipt, tax payment, and return filing-and GSTR-2A serves only as a facilitator; non-reflection there does not automatically negate eligibility. Tax authorities must inquire into supplier conduct and observe procedural safeguards before reversing ITC or recovering tax from the recipient, with judicial precedents and CBIC clarifications shaping when exceptions may apply.
    Case LawsService Tax
    Show AI Summary
    Reverse charge mechanism: exporter not liable for foreign bank charges when Indian bank is the direct service recipient.
    The core issue is whether an exporter is liable under the Reverse Charge Mechanism for foreign bank charges deducted from export proceeds when those charges are imposed on and paid by an Indian intermediary bank. The Tribunal's analysis focuses on the definition of service recipient and territorial scope, concluding that the direct recipient-the Indian bank-is the party liable to discharge service tax while the exporter, as an indirect beneficiary without direct dealings with the foreign bank, is not subject to reverse charge.
    Case LawsIndian Laws
    Show AI Summary
    Directorial liability: strict averment requirement prevents presuming directors' responsibility without specific allegation, leading to quashing.
    The Court held that directorial liability requires specific averment that the director was in charge of and responsible for the conduct of the business at the time of the offence; mere titular position or awareness of cheque issuance is insufficient. It emphasized the necessity of serving the statutory notice prerequisite and rejected liberal construction to cure absent statutory averments, quashing proceedings against directors for non-compliance.
    Case LawsIncome Tax
    Show AI Summary
    DIN requirement in tax administration: absence of mandatory DIN can invalidate assessment orders unless exceptional circumstances apply.
    Failure to quote the mandatory computer-generated Document Identification Number (DIN) in assessment orders, as required by the CBDT Circular from 1 October 2019, constitutes a procedural defect that can render the order invalid unless the revenue demonstrates that the issuance fell within the Circular's narrowly drawn exceptional circumstances; the Tribunal found such non-compliance in the order dated 15 October 2019 and the High Court affirmed, while the Supreme Court granted interim stay for further consideration.
    Case LawsIncome Tax
    Show AI Summary
    Capitation fee allegations challenge admissibility and attribution of seized evidence in charitable trust tax exemption inquiries.
    Alleged collection of capitation fees by a registered charitable trust threatens its exemption under Section 11; most evidence was seized from employees' residences, invoking the presumption under Section 132(4A) and raising attribution issues. Employee admissions later retracted, similar statement drafting, declarations under the Income Declaration Scheme 2016, and trustees' acknowledgments create contradictory evidentiary threads that complicate admissibility, credibility, and whether the seized funds can be treated as trust income.
    Case LawsIncome Tax
    Show AI Summary
    Condonation of delay in tax compliance: liberal interpretation protects bona fide taxpayers from technical disqualification.
    The court analysed whether delay in filing Form 10 could be condoned, considering the petitioner's unawareness of post 2016 amendments, CBDT circulars and precedent, and applying principles that each case be judged on its facts; it stressed that failure to claim accumulation does not by itself show absence of intent to comply and urged a liberal approach to mitigate genuine hardship and prevent procedural technicalities from defeating substantive justice.
    Case LawsIncome Tax
    Show AI Summary
    Section 263 limited to substantial legal errors; mere differences of opinion don't justify revisional tax action.
    Scope of Section 263 is confined to instances where an assessment order is erroneous and prejudicial to revenue in a substantial way, not mere differences of opinion. Migration of licences from IP VPN to NLD ILD does not, by itself, create a new undertaking defeating entitlement to deduction under Section 80IA(4)(ii), particularly where identical deductions were previously allowed; administrative migration requires clear proof of substantive change before re characterising eligibility.
    Case LawsIncome Tax
    Show AI Summary
    Delay condonation based on sufficient cause upheld where illness, relocation and pandemic disruption justified late filing and jurisdictional challenge.
    The tribunal applied a purposive construction of sufficient cause to condone substantial delay where cumulative factors-serious illness, change of residence and pandemic disruption-made filing untimely. It also found the assessment infirm for want of territorial and pecuniary jurisdiction because the taxpayer had established residence and filing history in a different territorial unit and administrative guidance allocated jurisdiction accordingly, underscoring that proper vesting of authority is a condition precedent to valid assessment.
    Case LawsIncome Tax
    Show AI Summary
    Unexplained cash credits under Section 68 require taxpayers to prove investor identity and genuineness; authorities must rebut with evidence.
    Applicability of Section 68 requires the assessee to establish investor identity, creditworthiness and transaction genuineness-via PAN, tax returns, audited accounts and bank statements-and once this initial burden is satisfied, the burden shifts to the revenue to rebut with concrete evidence; mere suspicion or inability to trace an ultimate source does not alone justify additions if investments are reasonable relative to investors' net worth and effected through banking channels.
    Case LawsIncome Tax
    Show AI Summary
    Retrospective cancellation of charitable trust registration invalidated due to lack of competent jurisdiction and procedural non compliance.
    The Tribunal invalidated the cancellation of a charitable trust's registration because the regional authority lacked competence to cancel under the statutory scheme and the transfer used to reassign the matter was improper; it further held that applying the newer cancellation provision retrospectively to deprive the trust of its recognized status was not legally tenable, emphasizing required notice, hearing and adherence to principled statutory interpretation.
    Case LawsIncome Tax
    Show AI Summary
    Jurisdiction in multi locational offences governs venue determination; magistrate discretion and supervisory thresholds shape tax prosecution forums under criminal procedure.
    The judgment analyses Cr.P.C. place of offence principles in multi locational tax prosecutions, assessing whether procedural acts like recording statements under the Income Tax Act determine venue. It evaluates the magistrate's discretion in taking cognizance where alleged offences span jurisdictions and outlines the threshold for superior court supervisory intervention, emphasising that extraordinary petitions require demonstration of abuse of process or exceptional circumstances before altering magistrate venue determinations.
    Case LawsIncome Tax
    Show AI Summary
    Taxation of unexplained income: higher-rate treatment applies, and deductions including partner salary are disallowed.
    The tribunal held that excess unrecorded stock and cash found on survey were assessable as unexplained investment and unexplained money, and that the special higher-rate taxation provision applies to such income, taxing it at a higher fixed rate and disallowing any deduction; consequently the claimed partner's salary relating to the unexplained investment was disallowed.
    Case LawsIncome Tax
    Show AI Summary
    Limitation under section 144C: assessment issued beyond statutory period, leaving transfer pricing adjustment unresolved on procedural grounds.
    The tribunal focused on the statutory time limit under Section 144C(13) for passing assessment orders after DRP directions, treated the order as barred by limitation and therefore did not adjudicate substantive transfer pricing challenges raised under Section 92CA. Consequently, technical disputes over comparability, exclusion/inclusion of comparables, and the profit level indicator computation were left unexamined.
    Case LawsIncome Tax
    Show AI Summary
    Capitalization of interest: tribunal scrutinised whether interest and forex on capital projects form capital cost or permit revenue deduction.
    The tribunal analyzed four core taxation questions: whether interest and foreign exchange fluctuations written off from Capital Work in Progress are capital or revenue in nature and their nexus to business operations; whether write off of a DG set component should be treated within the block of assets for depreciation or as a revenue repair; the applicability of Section 36(1)(iii) to proportionate interest on interest free advances to related concerns and the presumption from mixed funds; and the evidentiary requirements to establish that inter corporate deposits were funded from own funds rather than borrowed monies for interest deduction purposes.
    Case LawsIncome Tax
    Show AI Summary
    Doctrine of merger limits revisional jurisdiction under appeals, preventing collateral review of identical legal issues.
    The Doctrine of Merger operates to treat legal issues from an assessment as merged into appeal proceedings before the Commissioner of Income Tax (Appeals), thereby constraining subsequent revisional jurisdiction over those same issues; applied where initial assessment, reassessment notices and search-related assessment steps overlap, and supported by judicial precedent limiting collateral revision.
    Case LawsIncome Tax
    Show AI Summary
    Interest on delayed tax refunds where delay is not attributable to the taxpayer under Section 244A.
    Entitlement to interest under Section 244A arises when refund payment is delayed for reasons not attributable to the assessee. The petitioner, a foreign company, faced delays caused by technical issues and incorrect guidance regarding banking details; the court treated the delay as the respondents' responsibility and applied Section 244A to award interest for the period of delay, directing payment according to the statutory rate.
    Case LawsIncome Tax
    Show AI Summary
    Revision application under Section 264: remand for fresh merits review when alternative remedies were improperly relied upon.
    Whether a revision under Section 264 may be denied solely because alternative remedies existed and whether appeal provisions applied to DDT-related treaty claims; the court found that rejecting revision on the mere availability of other remedies was untenable and that the appealed provision was inapplicable, directing fresh merits consideration of treaty relief and related tax computation by the Principal Commissioner.
    Case LawsIncome Tax
    Show AI Summary
    DTAA interpretation clarifies capital gains tax treatment for cross-border share sales under residency and grandfathering conditions.
    Taxation of capital gains from a Mauritius-based entity's sale of Indian company shares is analysed against the India-Mauritius Double Taxation Avoidance Agreement, focusing on DTAA allocation of taxing rights, timing of acquisition and transfer, and applicability of grandfathering provisions. The Tribunal assessed tax residency and treaty entitlement by examining corporate structure and commercial substance, applying the substance over form principle to determine whether treaty benefits were appropriate.
    Case LawsIncome Tax
    Show AI Summary
    Fiduciary funds not treated as taxable income when entity acts as facilitator; earmarked project funds excluded from income.
    The Tribunal examined whether earmarked receipts should be included in taxable income or treated on the balance sheet, focusing on jurisdictional validity of scrutiny notices, whether amounts were routed through the income and expenditure account or retained as earmarked funds, and whether receipts held in a fiduciary capacity for disaster relief were excluded from the entity's income because the entity acted only as facilitator without beneficial ownership.
    Case LawsIncome Tax
    Show AI Summary
    ESOP deduction in revised returns - tribunal permits claim within revision window, stressing valuation, timing and documentary consistency.
    Deductibility of ESOP-related costs in a revised return hinges on compliance with the statutory time limit for revision and on accounting and evidentiary consistency: correct year of recognition, reliable grant date valuation (e.g., Black Scholes), concordant employee records, and disclosure in audited accounts. The tribunal found the claim allowable within the revision window but emphasised documentary proof, valuation method and timing of liability as central to acceptability.

    TMI Notes

    Back

    All TMI Notes

    Showing Results for :
    Reset Filters
      No Records Found

      TMI Notes

      Back

      All TMI Notes

      whatsappJoin Channel
      Showing Results for : Reset Filters

      Comparison of Section 42 "Capitalising impact of foreign exchange fluctuation" between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

      26 August, 2025

      Contents
      Acts
      Rules & Regulations
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      Section 42 Capitalising impact of foreign exchange fluctuation.

      Income-tax Act, 2025

      At a Glance

      Clause 42 of the Income Tax Bill, 2025 (Old Version) proposes to capitalise the impact of foreign exchange fluctuation by adjusting the actual cost or capital expenditure linked to assets acquired from outside India. It matters to taxpayers acquiring capital assets or borrowing in foreign currency, and to tax administration in assessing capital costs and subsequent depreciation or capital gains. Effective date or enactment timing: Not stated in the document.

      Background & Scope

      Statutory hooks: Clause 42 is framed within the heads "Profits and gains of business or profession" and interacts by cross-reference with other sections identified in the clause (notably section 39, section 45(1)(a) or (c), section 32(i) and section 72, per the Bill text). The provision aims to treat variations in liability arising from changes in exchange rates when payments are made in relation to assets acquired from countries outside India.

      Definitions or explanations: The Bill provides a computation mechanism for "variation in liability" by the formula A = B - C, and describes B and C in relation to payments and corresponding liabilities in Indian currency at acquisition. The Bill explicitly excludes amounts "met, directly or indirectly, by any other person or authority" from B. No other definitions (e.g., "asset", "payment", "tax year", "liability") are elaborated within Clause 42 itself.

      Statutory Provision Mode

      Text & Scope

      Clause 42 applies where, at the time of making payment during the tax year, there is a variation in an assessee's liability as expressed in Indian currency due to change in the rate of exchange in relation to an asset acquired for business or profession in foreign currency from a country outside India. It operates irrespective of other provisions of the Act.

      The clause prescribes computation of "variation in liability" as A = B - C, where B is the amount paid in Indian currency (excluding parts paid by others) during the tax year for either (a) whole or part of the cost of the asset, or (b) repayment of money borrowed along with interest in foreign currency specifically for acquiring such asset; and C is the liability in Indian currency corresponding to the amount referred to in B at the time of acquisition.

      Subsection (3) mandates that the variation (A) be added to or reduced from one of three categories: (a) actual cost of the asset as per section 39; (b) expenditure of capital nature referred to in section 45(1)(a) or (c) or 32(i); or (c) cost of acquisition of a capital asset (other than assets referred in section 74) for the purpose of section 72. The resultant amount shall be taken as the actual cost or amount of capital expenditure or cost of acquisition as applicable.

      Subsection (4) provides a special rule where the assessee has a forward contract or booking with an authorised dealer under FEMA: for so much of the contracted sum available to discharge the liability, the amount to be added or deducted shall be computed with reference to the contract exchange rate specified therein.

      Interpretation

      Legislative intent as indicated: The clause intends to align tax accounting for capital costs with economic reality of exchange rate movements - i.e., to capitalise gains or losses arising from exchange rate variation into the cost base of assets or capital expenditure. The insertion of the FEMA authorised-dealer clause indicates a purposive approach to respect hedging/forward cover arrangements and to use contract rates where those rates specifically secure the liability.

      Interpretive principles signalled by the text: timing of conversion is critical - B is "amount paid ... during the tax year"; C is the liability "at the time of acquisition"; comparison is currency conversion focused. The exclusion of amounts paid by third parties suggests a focus on the assessee's net economic exposure only.

      Exceptions/Provisos

      No express provisos beyond subsection (4) are present. The clause excludes capital assets referred to in section 74 from the cost of acquisition category under (3)(c). Any other exceptions or thresholds: Not stated in the document.

      Illustrations

      • Example 1 (simple): A company acquires machinery from abroad. At acquisition, the liability corresponded to Rs. 100 lakh. During the tax year, it pays Rs. 110 lakh (B). Variation A = 110 - 100 = Rs. 10 lakh. The Rs. 10 lakh will be added to actual cost u/s 39 (provided the payment relates to cost). (Numerical specifics beyond formula: Not stated in the document.)

      • Example 2 (borrowed funds): An assessee borrows in foreign currency to purchase an asset. Repayment during the tax year in INR exceeds the INR-equivalent liability at acquisition; the difference is to be adjusted to the capital cost or capital expenditure as appropriate. (Precise examples and rounding/valuation rules: Not stated in the document.)

      Interplay

      The clause explicitly interacts with section 39 (actual cost), section 32(i)/section 45(1)(a)/(c) (capital expenditure references), section 72 (carry forward/set-off for capital losses), and section 74 (exceptions). It also references the definition of "authorised dealer" in section 2 of FEMA, 1999 for the forward-contract exception. Beyond these cross-references, detailed rules, procedural guidance, or aligning amendments to rules/circulars: Not stated in the document.

      Differences between Section 42 of the Income-tax Act, 2025 and Clause 42 of the Income Tax Bill, 2025 - (Old Version)

      • Scope of exclusion for amounts met by third parties: The Act (Section 42) expressly treats the exclusion-"liability shall exclude any part met directly or indirectly by any other person or authority"-in subsection (2) as part of the definition for computing variation; the Bill (Clause 42) embeds this exclusion into the definition of B, describing B as "amount paid in Indian currency (excluding any part met, directly or indirectly, by any other person or authority) during the tax year...".

        Practical impact: Both texts exclude third-party-funded portions, but the Act's placement separates the exclusion from the definition of B (stated in the general provision) whereas the Bill embeds it within B. This is primarily drafting difference with no clear substantive change in effect if interpreted consistently, but the Act's phrasing may be marginally clearer that the exclusion applies to the entire computation rather than only to B.

      • Wording on payment expression and acquisition currency: The Act states B as "payment expressed in Indian currency at the time when it is made-(a) towards the whole or part of the cost of asset; or (b) towards repayment of the whole or part of the moneys borrowed, directly or indirectly, along with interest in foreign currency, specifically for acquiring such asset;". The Bill specifies B as "amount paid in Indian currency ... during the tax year for acquisition of the asset for-(a) the whole or part of the cost of asset; or (b) repayment of money borrowed along with interest in foreign currency, specifically for acquiring such asset;".

        Practical impact: The Act emphasises "payment expressed in Indian currency at the time when it is made" and explicitly includes repayments of moneys borrowed "directly or indirectly" whereas the Bill's wording is marginally narrower in phrasing ("amount paid ... during the tax year for acquisition of the asset for..."). The Act's explicit phrase "expressed in Indian currency at the time when it is made" clarifies conversion timing and may reduce interpretive disputes on which conversion rate applies at payment.

      • References to provisions where capital expenditure appears: The Bill (Clause 42) lists subsection (3)(b) as "expenditure of capital nature referred to in section 45(1)(a) or (c) or 32(i);" whereas the Act (Section 42) lists (3)(b) as "expenditure of capital nature referred to in section 32(i) or 45(1)(a)(i);".

        Practical impact: There is a reordering and apparent alteration of cross-references. The Bill references section 45(1)(a) or (c) or 32(i); the Act references section 32(i) or 45(1)(a)(i). This could be substantive if the targeted subclauses differ materially in scope (i.e., different heads or sub-clauses of section 45 or 32). The change may narrow or adjust which capital expenditures are covered; practitioners will need to compare the exact text and numbering of those sections to determine whether some categories of capital expenditure are added or removed from the ambit of capitalisation of forex variation.

      • Minor drafting and cross-reference changes: The Act refers to "asset acquired for the purpose of business or profession from a country outside India" while the Bill states "asset acquired for the purpose of business or profession in foreign currency from a country outside India."

        Practical impact: The Bill's explicit mention of "in foreign currency" makes clear the rule targets acquisitions paid in foreign currencies; the Act omits the explicit "in foreign currency" phrase but otherwise requires conversion and deals with exchange rate variation. This may be construed as a non-substantive drafting simplification but could raise interpretive questions about assets acquired in non-foreign-currency transactions (e.g., invoices denominated in INR though supplier is non-resident). The Bill's phrasing was clearer in expressly limiting to foreign-currency denominated transactions; the Act relies on the mechanics to convey the same effect.

      • Computation formula and labels: Both use A = B - C but Bill defines B and C in slightly different terms and locations. The Act explicitly labels B and C lines with parentheses and clarifies inclusion of repayments "directly or indirectly" in subsection (2). The Bill places the exclusion of third-party payments inside B and specifies "during the tax year".

        Practical impact: The Act's explicit "at the time when it is made" language and clearer placement of exclusions may aid administrability and reduce disputes about conversion date and scope of excluded amounts. The Bill's "during the tax year" phrasing requires attention to timing; the Act's language tying conversion to payment timing reduces ambiguity.

      Practical Implications

      • Compliance areas: Taxpayers must track exchange-rate conversion at two points - (i) the liability at time of acquisition (C) and (ii) amounts paid in INR during the tax year (B). Records should show how INR equivalents were computed at acquisition and at payment, and any amounts met by third parties must be separately identified to exclude from B.
      • Hedging and contract reliance: Where a forward contract with an authorised dealer exists, the contract rate governs computation for the portion covered. Taxpayers hedging foreign currency liabilities should maintain contract documentation and ensure alignment with the clause's requirement to compute with reference to the agreed rate.
      • Depreciation and capital gains: Adjustments to actual cost or cost of acquisition affect depreciation bases and future capital gains computation u/ss referenced; appropriate adjustments must be reflected in books and tax returns per the clause.
      • Record-keeping/evidence: Invoices showing currency denomination, exchange conversion calculations at acquisition, bank/payment records showing INR payments, loan documents specifying foreign currency borrowings, allocations showing third-party payments, and forward contract documents with authorised dealers should be preserved.

      Key Takeaways

      • Clause 42 requires adjustment of asset cost or capital expenditure for exchange-rate-driven variation between acquisition-time liability and payment-time INR equivalents (A = B - C).
      • Amounts met by third parties are excluded from the computation of B; taxpayers must segregate such amounts.
      • Where forward contracts with authorised dealers exist, the contract exchange rate applies for the covered portion.
      • Adjustments affect depreciation and capital gains computations by altering the capitalised cost base.
      • Detailed records at acquisition and payment points are essential to support computations and exclusions.
      • Cross-references to sections 39, 45, 32 and 72 indicate integration with existing capital cost and set-off regimes; precise interaction requires attention to the cited subclauses.
      • Operational and interpretive guidance (e.g., rounding rules, rate selection where multiple rates exist, treatment of partial payments across tax years) are Not stated in the document.

      Full Text:

      Section 42 Capitalising impact of foreign exchange fluctuation.

      Topics

      ActsIncome Tax