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
    Deductions available under "Income from other sources" in Clause 93 of Income Tax Bill, 2025 VS. Sec...
    Modernizing Tax Treatment of Income from other Sources in Clause 92 vs. Section 56 of the Income-tax...
    Enhancing Fair Market Valuation in Clause 91 of Income Tax Bill, 2025 vs. Section 55A of Income Tax ...
    Interpretations of key terms related to capital gains "adjusted," "cost of improvement," and "cost o...
    Extension of Time for Reinvesting Capital Gain, original asset is compulsorily acquired, and compens...
    Capital gain Tax Relief in relocation of industrial undertakings from urban areas to SEZ area in Cla...
    Capital gain Tax Relief in relocation of industrial undertakings from urban areas to non-urban in Cl...
    Encourage investment in residential property by offering tax exemption on capital gains in Clause 86...
    Treatment of capital gains arising on compulsory acquisition of lands and buildings in Clause 84 of ...
    Capital gain Exemption through Investment in the Certain Bonds in Clause 85 of Income Tax Bill, 2025...
    NewsIndian Laws
    Evaluating the 2025 Finance Bill: Key Changes and Their Impact
    NewsIndian Laws
    Supplementary FAQs for the Finance Bill, 2025: As passed by Lok Sabha
    Capital Gains Tax Relief for Agricultural Land: Clause 83 of the Income Tax Bill, 2025 vs. Section 5...
    Capital Gains: Exemption against Residential Property Sales and Reinvestment Incentives in Clause 82...
    Capital Gains Taxation: The Role of Advance Payments in Clause 81 of the Income Tax Bill, 2025 vs. S...
    Valuation - transfer of capital assets when the actual consideration is not ascertainable: Clause 80...
    Full value of consideration for transfer of share other than quoted share for computation of Capital...
    Full value of consideration / Stamp Duty Valuation with Safe Harbor - Computation of Capital Gains: ...
    Capital Gains Taxation in Slump Sales: Clause 77 of the Income Tax Bill, 2025 vs. Section 50B of the...
    Computation of capital gains in case of Market Linked Debenture: Clause 76 of the Income Tax Bill, 2...
❯❯
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
    Act RulesBills
    Show AI Summary
    Deductions for income from other sources clarified, aligning allowable expenses and curbing dividend-related deduction claims.
    Clause 93 of the Income Tax Bill, 2025 prescribes deductions for Income from other sources, allowing reasonable sums for realising dividends or interest on securities, deductions for specified income categories via cross references, a capped family pension deduction, non capital expenditures wholly and exclusively for earning such income, a 50% concession for certain incomes, and targeted restrictions limiting deductible interest tied to certain dividend incomes to a proportion of that income.
    Act RulesBills
    Show AI Summary
    Taxation of miscellaneous income broadens taxable sources to include modern streams like digital assets and trust distributions.
    Clause 92 establishes a residual charging rule that any income not charged under other heads and not excluded is taxable under Income from other sources, enumerating a non exhaustive list of receipts-dividends, gambling winnings, employee fund contributions, specified insurance proceeds, interest including on compensation, rental of machinery or furniture, forfeited advances, employment termination compensation, business trust distributions, life insurance sums outside specified products, and gifts or property transfers-while providing exemptions for transfers from relatives, on marriage, under wills and certain local authority receipts, and setting valuation and definition rules including treatment of digital assets.
    Act RulesBills
    Show AI Summary
    Valuation officer referral: a statutory mechanism to address discrepancies between declared asset values and fair market value.
    Clause 91 empowers the Assessing Officer to refer a capital asset's valuation to a Valuation Officer where an assessee's declared amount appears inconsistent with the fair market value, applying to assets valued by registered valuers and to other cases meeting prescribed thresholds or circumstances, and adopts procedural modifications by reference to Section 269(3)-(8).
    Act RulesBills
    Show AI Summary
    Cost of acquisition rules clarified: FMV option and acquisition cost deemed nil when indeterminable, affecting capital gains computation.
    Clause 90 defines cost of improvement as nil for intangible assets and permits post reference date expenditure for other assets; sets cost of acquisition as purchase price or previous owner's purchase price and deems cost nil where indeterminable; provides tailored rules for financial assets to avoid taxing non economic gains; and allows a fair market value option as cost of acquisition for earlier acquisitions to reflect market and inflationary changes.
    Act RulesBills
    Show AI Summary
    Extension of time for reinvesting capital gains tied to receipt of compensation preserves exemption eligibility after compulsory acquisition.
    Where an original asset is compulsorily acquired and compensation is delayed, the period for acquiring a new asset or depositing or investing capital gains is calculated from the date of receipt of compensation rather than the date of transfer; Clause 89 of the Income Tax Bill, 2025, states this rule and declares it to operate irrespective of conflicting timelines in specified sections, and Section 54H of the Income-tax Act, 1961, operates on a comparable principle tied to specified reinvestment provisions.
    Act RulesBills
    Show AI Summary
    Capital gains exemption for industrial relocations to SEZs conditions relief on reinvestment in new SEZ assets and deposit rules.
    Clause 88 grants a capital gains exemption when assessees transfer assets while shifting an industrial undertaking from an urban area to an SEZ, conditional on reinvesting gains into new SEZ assets within the prescribed investment window; unutilized gains must be deposited in a specified account and any excess of gains over the cost of new assets is taxable. Eligibility centers on assets used in the undertaking and utilisation for notified SEZ investments, with deposits treated as part of the new asset's cost for calculating the exemption.
    Act RulesBills
    Show AI Summary
    Capital gains exemption for industrial relocation to non urban areas conditional on reinvestment and deposit requirements.
    Exemption of capital gains on transfer of assets for industrial undertakings shifting from urban to non urban areas is subject to reinvestment in qualifying assets (machinery, plant, buildings, land or rights therein) acquired within the prescribed timeframe; any shortfall between capital gains and cost of new assets is taxable, and unutilised gains must be deposited in a specified bank or institution before filing the return, with untapped deposits taxed after the statutory period; the definition of urban area and scheme specified expenditure govern eligibility.
    Act RulesBills
    Show AI Summary
    Capital gains exemption for residential reinvestment preserved with clearer compliance and monetary caps under the 2025 proposal.
    Clause 86 provides a capital gains exemption for individuals and HUFs who reinvest long-term capital gains from specified asset transfers (excluding residential houses) into a residential house in India within prescribed purchase or construction timeframes. The exemption is proportional when net consideration exceeds the replacement cost and full when replacement cost equals or exceeds net consideration. Unutilised gains must be deposited under a notified government scheme before filing returns, and exempted gains become taxable if the replacement asset is transferred within three years. Ownership of multiple residential houses or acquisition of another house within specified periods disqualifies the exemption.
    Act RulesBills
    Show AI Summary
    Capital gains deferral on compulsory acquisition permits tax relief when compensation is reinvested in similar industrial assets.
    Clause 84 provides a deferral regime for capital gains on compulsory acquisition where compensation reinvested in similar industrial land or buildings within three years is either exempt or adjusts the cost basis: excess gains over new asset cost are taxed as income and the new asset's cost is set to nil for future computations, while gains equal to or below cost reduce the asset's cost. Unutilised gains must be deposited by the return filing due date and are treated as part of the deemed cost; unutilised amounts after the specified period are charged as income and subject to notified withdrawal rules.
    Act RulesBills
    Show AI Summary
    Capital gains exemption for reinvestment in specified bonds preserves non taxability subject to retention and anti abuse rules.
    Clause 85 provides that capital gains from transfer of long term assets are not charged if the assessee reinvests whole or part of such gains in government notified bonds within six months, subject to a per year investment ceiling and a specified retention period; transfers, conversions, or loans against the new asset within the lock in are treated as taxable events and investments claiming this exemption cannot simultaneously claim alternative deductions.
    NewsIndian Laws
    Show AI Summary
    Tax treatment for foreign securities clarified, enhancing investor certainty and tightening compliance obligations for cross border instruments.
    The Finance Bill, 2025 amendments clarify tax treatment for securities held by foreign investors by defining covered instruments for FIIs and specified funds under applicable regulatory compliance, expand coverage to include over the counter derivatives while removing ambiguous intermediary language, and strengthen assessment provisions to address inconsistencies and undisclosed income; Part IV validates pension classification authority to distinguish pension entitlements by retirement date.
    NewsIndian Laws
    Show AI Summary
    IFSC tax incentives expanded to ease fund relocations, clarify exemptions, and simplify non resident taxation.
    Amendments relax compliance for investment funds by easing indirect participation thresholds and restoring executive modification powers; expand the relocation regime to include retail schemes and ETFs for tax neutral transfers into the IFSC; introduce a presumptive taxation scheme for non residents providing technology services for electronics manufacturing with exclusions for permanent establishment and royalty rules; correct and align IFSC insurance and specified fund exemptions with IFSCA conditions; extend derivative transaction exemptions to FPIs in the IFSC; refocus Chapter XIV B on undisclosed income and add Section 143(1) checks for return inconsistencies; and broaden the definition of capital asset to include securities held by Alternative Investment Funds under SEBI and IFSCA.
    Act RulesBills
    Show AI Summary
    Capital gains exemption for agricultural land: reinvest sale proceeds in new agricultural land within two years to defer tax.
    Capital gains on transfer of agricultural land are not charged if proceeds are reinvested in new agricultural land within two years by individuals or HUFs who used the land for agriculture in the two years prior. Unutilised gains at filing must be deposited in a specified bank account and applied under a government-notified scheme; unused deposits after the prescribed period are taxed and may be withdrawn per the scheme. Excess gains are taxed under the bill's taxing provision and the new asset's cost is treated as nil for subsequent gains if sold within three years; otherwise the cost basis is reduced by the capital gains.
    Act RulesBills
    Show AI Summary
    Capital gains reinvestment relief: deferral for gains when proceeds are reinvested in residential property with deposit safeguards.
    Clause 82 permits deferral or exemption of capital gains from sale of residential property where proceeds are reinvested in another residential property, treating gains exceeding the new asset's cost as taxable. Unutilized gains must be deposited in a specified bank or institution under a notified scheme and such deposits count toward the new asset's cost. Deposited amounts not applied within the prescribed period become taxable though the clause provides for withdrawal of unused sums. The clause allows a one time option to invest in two houses subject to a gain threshold and imposes caps on eligible cost and gains to target relief.
    Act RulesBills
    Show AI Summary
    Advance money treatment: deduction from cost of acquisition barred where the advance was included in total income.
    Clause 81 requires that advance money retained during negotiations for transfer of a capital asset be deducted from the cost of acquisition (original cost, written down value, or fair market value) but prohibits that deduction where the advance has already been included in the assessee's total income under the statutory provision referenced, aligning with Section 51's objective while differing in the cross references and raising compliance and interpretive issues.
    Act RulesBills
    Show AI Summary
    Fair market value deemed consideration: FMV used to compute capital gains when actual consideration is indeterminate.
    Where actual consideration for transfer of a capital asset is not ascertainable, the fair market value (FMV) of the asset on the transfer date is to be deemed the full value of consideration for capital gains computation. Determination may use comparable sales, income, or cost approaches, but unique or illiquid assets and absence of standardized methods create practical valuation disputes. Taxpayers must substantiate FMV and authorities need valuation frameworks to ensure consistent application and prevent understatement of taxable gains.
    Act RulesBills
    Show AI Summary
    Fair market value deemed consideration for unquoted share transfers to prevent undervaluation and ensure correct capital gains computation.
    Deemed full consideration for transfer of unquoted shares is the fair market value when actual consideration is lower; fair market value must be determined by prescribed valuation procedures, with exemptions available for specified classes or conditions, and compliance requires documentation, qualified valuation and potential administrative guidelines to resolve disputes.
    Act RulesBills
    Show AI Summary
    Full value of consideration deemed to stamp duty valuation; safe harbor permits minor discrepancies and valuation review.
    Where declared consideration for transfer of land or buildings is less than the stamp duty valuation, the stamp duty value is deemed the full value of consideration for capital gains purposes; the stamp duty value as at the agreement date may apply if consideration is received through prescribed banking channels before the agreement date. A limited safe harbor accepts declared consideration within a narrow margin above stamp duty valuation. Assessing Officers may seek Valuation Officer review where the stamp duty value is disputed, and Clause 78 defines assessable as the value adopted for stamp duty purposes.
    Act RulesBills
    Show AI Summary
    Capital gains treatment for slump sales clarified: net worth valuation and accountant certification required for tax computation.
    The computation treats the net worth of the transferred undertaking-aggregate assets less liabilities, excluding revaluation increases-as the cost of acquisition; where lump sum consideration diverges from market values, the fair market value of assets on the transfer date is deemed the full value of consideration. Depreciable assets use written down value, certain goodwill and specified assets are valued at nil, and an accountant's report certifying the net worth computation is required.
    Act RulesBills
    Show AI Summary
    Market Linked Debenture tax treatment: gains treated as short-term capital gains irrespective of holding period.
    Clause 76 mandates that gains on Market Linked Debentures and specified debt instruments be treated as short-term capital gains irrespective of holding period, prescribes computation as full consideration less cost of acquisition and transaction expenditure (X = A - B - C), disallows deduction for Securities Transaction Tax, and defines covered assets and specified mutual funds to determine applicability.

    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