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Mis-declaration in import descriptions must be deliberate to justify confiscation; withheld contemporaneous import documents invalidate value redeterm...
Liability for EPCG export shortfall: duty and interest sustained, but confiscation and penalties quashed where no fraud and causes beyond importer con...
LIC premium paid to secure annuity for retiring employee-partners under a partnership arrangement was held deductible because it discharged a present contractual obligation already accrued, not a contingent liability. The retirement, age, or service conditions only determined when the annuity became payable; they did not make the premium itself contingent. In the absence of any clause for refund of premium on non-fulfilment of those conditions, Indian Molasses was inapplicable. Applying Bharat Earth Movers and Metal Box, the HC held that an accrued liability remains deductible even if discharged later. The Tribunal's view was rejected, the deduction was allowed, and the appellate authority's order was restored.
LIC premium paid to secure annuity for retiring employee-partners under a partnership arrangement was held deductible because it discharged a present contractual obligation already accrued, not a contingent liability. The retirement, age, or service conditions only determined when the annuity became payable; they did not make the premium itself contingent. In the absence of any clause for refund of premium on non-fulfilment of those conditions, Indian Molasses was inapplicable. Applying Bharat Earth Movers and Metal Box, the HC held that an accrued liability remains deductible even if discharged later. The Tribunal's view was rejected, the deduction was allowed, and the appellate authority's order was restored.
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