Capital gains exemption: payment for plot, architect fees and bona fide commencement of construction can satisfy utilisation requirement and secure re...
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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