SUPREME COURT OF INDIA
OIL & NATURAL GAS CORP. LTD. TR. M.D. – Appellant
Versus
COMMR.OF INCOME TAX, DEHRADUN – Respondent
C.A. No.-007223-007223 / 2008
15-03-2010
S. R. SETIAB. V. BALARAM DAS
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.7223 0F 2008
OIL & NATURAL GAS CORPORATION LTD.,
DEHRADUN THROUGH MANAGING DIRECTOR
—
APPELLANT
VERSUS
THE COMMISSIONER OF INCOME TAX,
DEHRADUN
—
RESPONDENT
WITH
[CIVIL APPEAL NOS.7224, 7225,
7228, 7229 AND 7231 OF 2008]
J U D G M E N T
D.K. JAIN, J.:
1.In these appeals, essentially the following two questions arise
for our consideration:-
(i)
Whether on the facts and circumstances of the case,
the additional liability arising on account of
fluctuations in the rate of exchange in respect of
loans taken for revenue purposes could be allowed as
deduction under Section 37(1) of the Income Tax, Act,
1961 (for short “the Act”) in the year of fluctuation
in the rate of exchange or whether the same is
allowable only in the year of repayment of such
loans?
(ii)
Whether the Assessee is entitled to adjust the actual
cost of imported capital assets acquired in foreign
currency on account of fluctuation in the rate of
exchange at each balance-sheet date, pending actual
payment of the varied liability? (only in C.A.
No.7228/2008 – Assessment Year 1991-92)
2.As, in our opinion, both the afore-noted issues are no more res
integra, we deem it unnecessary to state the facts in detail and
with a view to appreciate the controversy, a brief reference to the
foundational facts in respect of assessment year 1991-92 would
suffice. These are:
The appellant, hereinbefore referred to as “the Assessee”, is a
public sector undertaking, substantially owned by the Government of
India. It is engaged in capital intensive exploration and production
of petroleum products for which it has to heavily depend on foreign
loans to cover its expenses, both capital and revenue, on import of
machinery on capital account and for payment to non-resident
contractors in foreign currency for various services rendered. The
Assessee had made three types of foreign exchange borrowings — (i)
in revenue account; (ii) in capital account and (iii) for general
purposes, partly utilised in revenue account and partly in capital
account. As per terms and conditions of foreign exchange
borrowings, some of the loans became re-payable in the year under
consideration but date of repayment of some loans fell after the end
of the relevant accounting year. The Assessee revalued in Indian
currency all its foreign exchange loans in revenue account, capital
account as also in its general purposes account, outstanding as on
31st March, 1991 and claimed the difference between their respective
amounts in Indian currency as on 31st March, 1990 and on 31st March,
1991 as revenue loss under Section 37(1) of the Act in respect of
loans used in revenue account, and also took into consideration the
similar difference in foreign exchange on capital account loans as
an increased liability under Section 43A of the Act for the purposes
of depreciation. The foreign exchange loss incurred by the Assessee
in the revenue account on account of repayment of these loans made
in the year under consideration was allowed by the Assessing Officer
as a deduction under Section 37(1) of the Act, and he also took into
consideration an increased liability of foreign exchange loans taken
in capital account and repaid in the accounting year, for the
purposes of depreciation, under Section 43A of the Act. He,
however, did not allow to the Assessee its claim for foreign
exchange loss claimed on such foreign currency loans both in revenue
account and in capital account which were outstanding on the last
day of the accounting year under consideration and were as per terms
of borrowings repayable after the end of the relevant accounting
year. Similar treatment was given to the foreign exchange loans
taken for general purposes