SC on forex differences

Finally a judgment has come from the SC on the taxability of exchange differences.

The sum and substance of SC's judgment (CIT vs Woodward governor's case )is as follows:

a) Exchange differences on items in revenue account:

For exchange differences on revenue account to be deductible the following conditions need to be satisfied:

(i) whether the system of accounting followed by the assessee is mercantile system, which brings into debit the expenditure amount for which a legal liability has been incurred before it is actually disbursed and brings into credit what is due, immediately it becomes due and before it is actually received;

(ii) whether the same system is followed by the assessee from the very beginning and if there was a change in the system, whether the change was bona fide;

(iii) whether the assessee has given the same treatment to losses claimed to have accrued and to the gains that may accrue to it;

(iv) whether the assessee has been consistent and definite in making entries in the account books in respect of losses and gains;

(v) whether the method adopted by the assessee for making entries in the books both in respect of losses and gains is as per nationally accepted accounting standards;

(vi) Whether the system adopted by the assessee is fair and reasonable or is adopted only with a view to reducing the incidence of taxation.

SC has also said that exchange differences would be deductible under section 37.

b) Exchange differences on items in capital account:

On the capital account front, this judgment is purely on 43A. The department had contended that amendment to 43A was only clarificatory in nature and not amendatory i.e. unrealized gains or losses on account of foreign currency borrowings cannot be adjusted to cost of fixed assets (prior to 43A amendment). However SC has held that the amendment is amendtory and not clarificatory in nature. This means that unrealized losses /gains can be adjusted to the cost of fixed assets prior to 43A amendment.

An interesting part in the 26 page judgment is the SC has analysed AS 11 also to give its verdict.

But the conundrum as to what constitutes revenue account and capital account still remains!!!!!