Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Provision for a society Cadre Fund was held deductible as business expenditure under section 37 because it constituted a present obligation under AS 29, with probable outflow and reliable estimation, and therefore was not a contingent liability. Applying Bharat Earth Movers, the Tribunal held that a business liability once incurred and reasonably estimable remains deductible even if discharged later. The Tribunal also relied on consistent accounting treatment, prior departmental acceptance, and coordinate-bench precedents on identical facts, and found the disallowance unsustainable. The addition was directed to be deleted.
Provision for a society Cadre Fund was held deductible as business expenditure under section 37 because it constituted a present obligation under AS 29, with probable outflow and reliable estimation, and therefore was not a contingent liability. Applying Bharat Earth Movers, the Tribunal held that a business liability once incurred and reasonably estimable remains deductible even if discharged later. The Tribunal also relied on consistent accounting treatment, prior departmental acceptance, and coordinate-bench precedents on identical facts, and found the disallowance unsustainable. The addition was directed to be deleted.
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