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One of the issue involved in the case of CIT vs. Woodward Governor India (P) Ltd. 312 ITR 254 (SC) was "Whether the assessee is entitled to adjust the actual cost of imported 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?" In our opinion, foreign exchange loss arising out of foreign currency fluctuations in respect of loan in foreign currency used for acquiring fixed assets should be allowed as revenue expenditure by charging the same into the Profit and Loss account and not as capital expenditure by deducting the same from the cost of the respective fixed assets.

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Section 263 of the Income Tax Act, 1961 — Revision — Principal CIT could not exercise jurisdiction under section 263 as contention of assessee that in case of limited scrutiny assessment is devoid of merit — Foreign exchange loss arising out of foreign currency fluctuations in respect of loan in foreign currency used for acquiring fixed assets was allowable as revenue Expenditure — - BABY MEMORIAL HOSPITAL LTD. V/s ASSTT. CIT - [2020] 77 ITR (TRIB) 484 (ITAT-COCHIN)

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