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Taxability of profit and loss arising on account of appreciation or depreciation in the value of foreign currency

Case Law Details

TaxGuru Citation
2011 taxguru.in 446
Case Name
CIT Vs Dalmia Dairy Industries Ltd (Delhi High Court)
Date of Judgement/Order
Only available for paid members
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CIT Vs Dalmia Dairy Industries Ltd (Delhi High Court)– Income tax – Capital or Revenue Receipt – Rule 115 – Whether, if assessee receives a sum on account of non-performance of the terms of the agreement by the purchaser under an arbitration award and keep it in the capital account, the surplus arising on account of fluctuation in foreign exchange is taxable as revenue receipt or should be considered as capital receipt – Whether profit and loss arising on account of appreciation or depreciation in the value of foreign currency is taxable only when there is actual conversion of foreign currency – Case Remanded

THE HIGH COURT OF DELHI AT NEW DELHI
SUBJECT : INCOME TAX ACT
Judgment Reserved on: 27.04.2011
Judgment Delivered on:06.05.2011
ITR 38/1995

CIT                                                                            APPELLANT

Vs

DALMIA DAIRY INDUSTRIES LTD.                    RESPONDENT

Advocates who appeared in this case:

For the Appellant :        Ms Prem Lata Bansal, Sr. Advocate with Mr
Deepak Anand & Ms Ruchir Bhatia, Advocates

For the Defendant: Mr V.P. Gupta, Mr Basant Kumar & Ms Priya Deep, Advocates.

CORAM :-

HONORABLE MR JUSTICE SANJAY KISHAN KAUL HONORABLE MR JUSTICE RAJIV SHAKDHER

RAJIV SHAKDHER, J

1. The captioned reference has been preferred at the behest of the Revenue. The reference pertains to assessment year 1977-78 relevant for previous year ending on 30.09.1976. The Income Tax Appellate Tribunal (hereinafter referred to as ‘Tribunal’) by order dated 20.05.1994 has referred to us for adjudication the following question of law:

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