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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. Hence, in our opinion, there is no potential escapement of income on the issue relating to allowability of foreign exchange loan taken for the construction of new building and additional equipment.

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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. vs. Assistant Commissioner of income tax [2019] 202 TTJ (Cochin) 913

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